We wanted to let you know of a change to the Lovefilm group, which operates EasyCinema DVD Rental. With effect from 1 November 2008, your contract and account information were transferred from Video Island Entertainment Limited to Lovefilm UK Limited. Lovefilm UK Limited is another member of the Lovefilm group of companies (like Video Island Entertainment Limited is). Don’t worry, everything else stays the same and you don’t have to do anything. We have made the small changes necessary to our Terms and Conditions and Privacy Policy to reflect this transfer.

Acceptance of Terms & Conditions

These Terms & Conditions govern your use of the easyCinema Online DVD Rental website (dvd.easycinema.com). By using the easyCinema Online DVD Rental website, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the easyCinema Online DVD Rental website.

easyCinema Online DVD Rental is a trading name of LOVEFiLM UK Limited, a member of the LOVEFiLM group of companies.

Changes to Terms & Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms & Conditions at our sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the easyCinema Online DVD Rental website. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the easyCinema Online DVD Rental website after changes are made means that you agree to be bound by such changes.

Membership and Billing

You can find the specific details regarding your membership with easyCinema Online DVD Rental, including your next billing date, at any time by clicking on "My account", located at the top of the pages of the easyCinema Online DVD Rental website.

Money back guarantee

We guarantee that you will be satisfied with the service - if you are not fully satisfied and cancel your account within the money back guarantee period specified on the promotional material (to be no more than 7 days), we'll refund your first payment. This money back guarantee is only available to new customers of easyCinema Online DVD Rental (of dvd.easycinema.com or any other service provided by LOVEFiLM UK Limited). Only one money back guarantee may be redeemed per household and may not be combined with any other offer. You must have internet access and a valid debit/credit card to redeem the money back guarantee.

Upon registering for the service, your debit/credit card will be charged immediately. If you are not satisfied with the service, you must cancel your account online and email moneyback@dvd.easycinema.com within the time period specified on the promotional material (to be no more than 7 days), ensuring that you return the DVDs for a full refund. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us. Refunds are applied upon receipt of the DVDs. Membership may be cancelled at any time, however, no refund or credits will be given after the money back guarantee period.

If you have chosen the auto-top-up feature we will bill you by your chosen payment method for a new batch of credits when we dispatch the first DVD until you cancel. For instructions on how to cancel, see the section on 'cancellation' below.

Billing

As an easyCinema Online DVD Rental customer, you agree that we are permitted to charge you for each batch of credits added to your account and any other charges that you may incur in connection with your use of easyCinema Online DVD Rental. The fee will be billed up front and each batch of credits must be used within 90 days of purchase (for details see the section on 'Expiry of credits' below).

All fees and charges are non-refundable, with the exception of the money back guarantee (for details see the section on 'Money back guarantee' above). We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different credit card or payment method, or if there is a change in your card validity or expiry date, you may edit payment details by clicking on "My account", available at the top of most pages of the easyCinema Online DVD Rental website.

Please note that if you continue to hold any DVDs when all your credits have expired (90 days from purchase) you will be charged for a new batch of credits. If we are unable to charge your credit/debit card and your account falls into arrears, LOVEFiLM UK Limited reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 administration fee for all such cases.

Expiry of credits

Each batch of credits must be used within 90 days of purchase. If you have not used all your credits within 90 days you must purchase a new batch of credits before we can send you any further DVDs. The expiry date of each batch of credits you purchase will not change. If you have more than one batch of credits in your account, those nearest to expiry will automatically be used first.

If you have not used up all your credits within 90 days and have selected the auto-top-up feature, your old credits will be deleted and your account will be topped up automatically with a new batch of credits.

If you still have credits in your account when you cancel they will remain valid for 90 days from the date they were first purchased and may be used if you reactivate your account before this period has expired.

You can find out how many credits you have left at any time by clicking on "My account", located at the top of the pages of the easyCinema Online DVD Rental website.

Automatic renewals (if you have chosen the auto-top-up feature)

If you have chosen the auto-top-up feature, your easyCinema Online DVD Rental account will be automatically topped up with a new batch of credits equal to the package you last purchased when you have run out or when your credits expire, whichever is sooner (for details see the section on 'Expiry of credits' above). This will automatically occur when we dispatch the first DVD from your new batch of credits. We will charge the fee to the debit/credit card that you provide to us during registration (or to a different payment method if you change your account information subsequently). Your membership will automatically renew for successive top-ups, without prior notice to you, unless and until you cancel your membership, you turn off the auto-top-up feature, or we terminate it. You must cancel your membership before it renews in order to avoid billing of top-up credits.

Account changes and purchasing additional credits

You may request more credits for your easyCinema Online DVD Rental account whenever you like, within the 'My account' section of the easyCinema Online DVD Rental website. If you purchase a new batch of credits before you have used all the credits in your account, the new batch will be added to your account once your card has been verified for the additional credits and you will be charged at this point. The new batch of credits will be added to your current credits and will expire within 90 days of its purchase date (for details see the section on 'Expiry of credits' above).

If you change to a higher package, the changes to your account will take place once your card has been verified for the additional credits and you will be charged at this point and a new batch of credits added to your account at the upgraded package price. The extra DVD(s) will be dispatched to you as soon as possible. The new batch of credits will be added to your current credits and will expire within 90 days of its purchase date (for details see the section on 'Expiry of credits' above).

If you change to a lower package, the change to your account will take place once when you have the same number of discs out as specified in the downgraded package. The number of credits in your account will not change and no refund will be given. The expiry date of your credits will not change (for details see the section on 'Expiry of credits' above).

Delivery and return of DVDs

We currently use the Royal Mail to deliver and return the DVDs you have selected to view. We send out DVDs with postage prepaid both ways. Actual delivery times may vary for you depending on (i) our stock availability, (ii) your delivery address, (iii) when you make your selection and (iv) circumstances impacting delivery by the Royal Mail.

Please note that discs are dispatched one at a time.

You agree to treat the DVDs and their associated packaging with the utmost care at all times. You agree that you may need to compensate easyCinema Online DVD Rental for any DVD lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow easyCinema Online DVD Rental to charge such compensation to your debit/credit card. We will notify you of any such charges.

We are not held responsible for any items sent to us in error. Any DVDs received belonging to either the customer or a third party are returned where possible. However, we are unable to compensate for the loss of such items and likewise we cannot guarantee their return.

Lost discs

Please note that all customers must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is the customer's responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by the customer and then found at a later date. Customers are obliged to comply with either Royal Mail's claim compensation process (P91 forms for outbound losses) or LOVEFiLM UK Limited's process (V91 forms for inbound losses). Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc.

Stolen Discs

Please note that we do not hold any responsibility for discs which are stolen whilst in your possession and you will have to pay the full replacement costs.

Cancellation

As noted above, you may cancel your membership to easyCinema Online DVD Rental at anytime. Cancellation requests must be via the website, dvd.easycinema.com. To cancel, customers must notify us online via the website by clicking on "My account" and following the instructions under the heading "Cancel the service." This activity is tracked on the customer's account history. Immediately upon cancellation, no further DVDs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee initial cancellation requests via email. If you still have credits in your account when you cancel they will remain valid for 90 from the date they were first purchased and may be used if you reactivate your account before this period has expired. We do not provide refunds or credits for any partial monthly subscription periods, with the exception of the money back guarantee (for details see the section on 'Money back guarantee' above).

Upon cancellation, you will be given seven (7) days to return any outstanding DVDs. Failure to return such DVDs within these 7 days will result in one credit being deducted from your account for every 5 days for every disc that remains outstanding. If you do not have any credits in your account and have selected the auto-top-up feature, your account will be automatically topped up and one credit will be deducted from your account for every 5 days for every disc that remains outstanding up to a maximum of 10 credits. If you have not selected the auto-top-up your credit card will be billed £1 per DVD per day late (including weekends and public holidays), up to a maximum of £20 per DVD. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us.

Account access

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, easyCinema Online DVD Rental will place a 'cookie' (a small text file) on any computer you use to access the easyCinema Online DVD Rental website. When you revisit the easyCinema Online DVD Rental website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. Please see our Privacy Policy for more information on cookies and how we use them.

Disclaimers of warranties and limitations on liability

The easyCinema Online DVD Rental website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the easyCinema Online DVD Rental website or its contents. We assume no liability or responsibility for any errors or omissions in the content of the easyCinema Online DVD Rental website, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the easyCinema Online DVD Rental website, any losses or damages arising from the use of the content provided on the easyCinema Online DVD Rental website, or any conduct by users of the easyCinema Online DVD Rental website. We reserve the right to deliver DVDs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

In no event shall easyCinema Online DVD Rental, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual property

You may use any easyCinema Online DVD Rental DVDs for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our DVDs is not permitted.

In addition:

Copyright

All content included on the easyCinema Online DVD Rental website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of easyCinema Online DVD Rental (and LOVEFiLM UK Limited) or its suppliers and is protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of easyCinema Online DVD Rental and protected by U.K. and international copyright laws. They should not be reproduced or used without express written permission from easyCinema Online DVD Rental.

Commercial exploitation

You may not sell, lease, lend, licence, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any easyCinema Online DVD Rental DVDs in any way at any time.

DVD duplication

You agree not to make any unauthorised copies of any easyCinema Online DVD Rental DVDs.

Entertainment and website content

We distribute film, television, and other audio-visual entertainment. In addition, the easyCinema Online DVD Rental website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the easyCinema Online DVD Rental website are those of the respective authors or producers and not of easyCinema Online DVD Rental (or of the company LOVEFiLM UK Limited), its shareholders, directors, officers, or employees. Under no circumstances shall easyCinema Online DVD Rental or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the easyCinema Online DVD Rental website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the easyCinema Online DVD Rental website.

Linked websites are not under the control of easyCinema Online DVD Rental (or LOVEFiLM UK Limited) and we are not responsible for the conduct of companies linked to our website. Those links are provided for convenience only and may not remain current or maintained. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

We permit you to post reviews on the easyCinema Online DVD Rental website in accordance with the procedures established on the easyCinema Online DVD Rental website and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We reserve the right (but not the obligation) to remove or edit such content at our absolute discretion.

Use of information submitted

easyCinema Online DVD Rental is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the easyCinema Online DVD Rental website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the easyCinema Online DVD Rental website or other Web sites. Accordingly you agree to grant us a royalty free, irrevocable, worldwide licence to re-produce and/or edit your reviews on the easyCinema Online DVD Rental website.

Please note that by supplying your telephone number on signup you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.

Any information submitted by you on the easyCinema Online DVD Rental website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.

Your conduct on the easyCinema Online DVD Rental website

By accessing the easyCinema Online DVD Rental website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the easyCinema Online DVD Rental website. You also agree not to interfere with the servers or networks connected to the easyCinema Online DVD Rental website or to violate any of the procedures, policies or regulations of networks connected to the easyCinema Online DVD Rental website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the easyCinema Online DVD Rental website, conduct yourself in a vulgar or offensive manner while using our service, or use the easyCinema Online DVD Rental website for any unlawful purpose.

Limitations on use

You must be resident in the UK and 18 years of age or older to use the easyCinema Online DVD Rental service. Unless otherwise specified, the content on the easyCinema Online DVD Rental website is for your personal and non-commercial use and we grant you a limited licence to access the easyCinema Online DVD Rental website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence, create derivative works from, or offer for sale any information contained on, or obtained from, the easyCinema Online DVD Rental website without our express written consent. Any unauthorized use of the easyCinema Online DVD Rental website or its contents will terminate the limited licence granted by us.

Right to terminate

We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'No commercial exploitation'. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under 'cancellation' above. If we terminate your use of our service for any other reason or no given reason, then we would give you 90 days notice of termination and would expect you to return our discs within the 90 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under 'cancellation' above.

Applicable law

This website is controlled by LOVEFiLM UK Limited. Your use of this site is governed by these Terms And Conditions and construed and enforced in accordance with the laws of England & Wales. Disputes arising from your use of this site are subject to the non-exclusive jurisdiction of the English courts.

This version last updated 5 November 2008.