Membership Terms for FamilySafeDVDs.com and TeenSafeDVDs.com

We are a lending library and we feature films on DVD that are quality unedited films as noted on the website.  A monthly fee is paid to FSD/TSD for access to the DVDs in our library. The standard monthly fee is $14.95 (fourteen dollars and 95/100).

Your payment each month entitles you to complete access to our selections featured on our website, limited by the availability of the titles requested.  For this reason we recommend that you select multiple titles to enable us to ship those that are on hand.  We will however make every attempt to ship them in order of preference.  We ship two films at the same time, and there are no time limits for you to return them by mail in the enclosed return shipper.  We will notify you upon receipt of the titles, and when both are received we will ship out the next two available on your list. 

There are no late fees at anytime. We recognize that from time to time things will get lost in the mail or damaged as a result of shipping.  We will not charge you for occasional losses or damage, but reserve the right to review the frequency of the losses at anytime.  Should there be more than three (3) losses in any twelve (12) month consecutive period, then subsequent losses could result in the replacement charge being paid by you for each subsequent loss as they occur. Your credit card will be charged for the amount of the replacement.  Lost edited copies will include the cost of the original which will be shipped to you at the time your card is charged.

Below is a description concerning the operation of our service and we reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

Ø       Access As Many DVDs As You Want

Ø       Shipments are subject to availability, but usually occur in 1 business day

Ø       DVDs are shipped from the US Post Office in Rancho Santa Margarita California (Continental US Only)

Ø       No Due Dates or Late Fees

Provided you continue to be a paying subscriber of our service, you may keep the DVDs delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). You will be required to return the movies within 7 days following any cancellation of the service or be subject to charge for unreturned copy and/or the original, if applicable. If an edited copy is not returned, then the original will be sent to you at the time your card is charged, and you will be notified of the charge.

Your Movie Selections

Movies that you select to view will be placed into your own Library Cart. You may add movies or adjust the Library Cart at anytime. Click the “Library Cart” tab to make adjustments, review requested movies or to see which movies you currently have out. We will determine which movies to send you based on the movies in your Library Cart and the priority in which you have listed them. We will try to ship to you the movies listed highest in your cart; however when availability is limited, we may ship you movies lower on your list. At the time a movie is added to your Library Cart, we will let you know if it’s in stock. A message indicating availability will appear as you have selected a movie and it will also be stated in your Library Cart so you can monitor availability. Adjustments made to your Library Cart may not immediately impact your next shipment. In certain instances you may have adjusted your Library Cart before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.

Delivery and Return of Accessed DVDs

We reserve the right to allocate and ship DVDs to you in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular title and the level of staffing and number of shipments to be processed at each distribution center. As a result, we may not always send you the first choice from your Library Cart, and we may not ship out your next DVD on the same day that we receive one from you. Our goal is to ship you the DVDs listed highest in your Library Cart. Often, on the same day that we receive a DVD from you, we will ship the next available DVD from your Library Cart. In certain instances, your next available DVD will not ship until the next business day following our receipt of your returned movie.

In determining priority for shipping and inventory allocation, we give priority to those members who receive the fewest DVDs through our service. As a result, those subscribers who receive the most movies may experience next-day shipping and receive movies lower in their Library Cart more often than our other subscribers.  

Other factors that may affect delivery times, include, but are not limited to, a) your address and location b) the timing of your placement or adjustment of movies in your Library Cart and c) circumstances impacting delivery by the U.S. Postal Service.

We do not process returns or deliveries on Saturdays, Sundays or Holidays. We will send you an e-mail letting you know when we have received a returned movie, and we will also send you another e-mail letting you know when we have shipped your next DVD, including the anticipated time of delivery.

Advance Shipping Feature

The Advance Shipping feature, located in the My Account section of the website, allows subscribers to release next available titles, to a maximum of four ( 4 ) DVDs out at all times. Subscribers can use this feature to notify us when they have shipped DVDs back to us; or the feature may be used to simply release the next available titles, based upon library cart ranking and availability. Use of this feature is subject to the terms and conditions stated in this agreement. A notification of advanced shipment does not constitute a receipt on the part of FSD, and the DVD remains the subscriber’s responsibility until the DVD is physically received by us and posted as returned in our warehouse.

Access and Billing

You can find the specific details regarding your subscription with Family Safe DVDs at anytime by clicking on the "My Account" link, located at the top of the pages of the FamilySafeDVDs or TeenSafeDVDs Web site.

We will begin billing your Payment Method for monthly access fees plus any applicable tax at the time you sign up and each month after that until the account is canceled. You may cancel your access at anytime.

Billing

By using the FSD/TSD service, you are expressly agreeing that we are permitted to bill you a monthly access fee, any applicable tax and any other charges you may incur in connection with your use of the service. Additional charges may include gift subscription purchases you make, or movies you fail to return. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your credit card. The access fee will be billed at the beginning of your access and on each monthly renewal thereafter unless and until you cancel your access. We will automatically bill your credit card each month on the calendar day corresponding to the commencement of your access. In the event your access began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a paying member on January 31st, your credit card would next be billed on February 28th. All fees and charges are nonrefundable. 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 e mail. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your account information by clicking on the "My Account" button, available at the top of the pages of the FamilySafeDVDs or TeenSafeDVDs Web sites. If your credit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that credit card. If charges are not accepted, then access will be denied. 

Automatic Renewals

Your library membership will be automatically renewed on a monthly basis. For your convenience, we will bill the monthly access fee plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your access will automatically renew without prior notice to you, unless and until you cancel your access or we terminate it. You must cancel your access before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

Money Back Guarantee

You will receive a full refund of your fee if you elect to cancel your subscription within the first thirty (30) days of your membership, regardless of the reason.  Your outstanding DVDs must be returned and marked received before the cancellation and refund will be processed, and the standard rules of cancellation apply.

Cancellation

You may cancel your library membership at anytime, and cancellation will be effective once your outstanding DVDs have been received. Access will continue for the remainder of the month if a fee has been collected. To cancel, click the word "Cancel" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Access." WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH FEE PERIODS OR UNWATCHED MOVIES. Upon cancellation, you will be given seven (7) days to return any outstanding DVDs. Failure to return such DVDs will result in your credit card being billed for the unreturned copies and their corresponding originals, if applicable.  The originals will be sent to you through the US mail. We reserve the right to terminate your account for any or no reason.

Account Access; Identity Protection

In order to provide you with easy access to your account we will place a cookie (a small text file) on any computer from which you access our Web site. When you revisit the web site, 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. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password; when doing so, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the FamilySafeDVDS or TeenSafeDVDs Web sites.

If you find that you're a victim of identity theft and it involves a FSD/TSD account, you should notify customer service, your credit card issuers, and your local law enforcement agency. FSD/TSD reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. FSD/TSD is not obligated to credit or discount an access membership for holds placed on the account by either a representative of FSD/TSD or by the automated processes of FSD/TSD.

Disclaimers of Warranties and Limitations on Liability

The FSD/TSD service and Web sites and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the FSD/TSD Web sites, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of said Web sites, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the FamilySafeDVDs or TeenSafeDVDs Web sites, any losses or damages arising from the use of the content provided on said Web sites, or any conduct by users of the services or Web sites. We reserve the right to ship DVDs in our sole and absolute 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 Family Films, Inc., FSD/TSD, 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 the FamilySafeDVDs or TeenSafeDVDs Web sites, their contents or our service. 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.

Electronic Communications

By using the FSD/TSD service, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with us and you are entitled to receive them as part of your access membership with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks on our Web sites may lead to other Web sites that are not controlled by, or affiliated with, Family Films, Inc., FamilySafeDVDs or TeenSafeDVDs. In addition, other Web sites may link to our Web sites. We are not always able to review these Web sites and therefore we are not responsible for the content or privacy policies of these Web sites.

Referring a New Member

We encourage you to refer new members to our site, and each who signs up will receive a credit for one month’s access fee provided they input your name in the Name of Referrer field at the time they are signing up.  As a thank you from us to you for making the referral, we are offering the following reward options:

Option A – One new member referred ($14.95 value): The referring member will receive a one month credit to their access fee within thirty (30) days of the first paid subscription month of the new subscriber.  This is the default option and will be processed unless a referring member notifies us of their wish to exercise either of the two options listed below.  Referring members can notify us by email at Librarian@familysafedvds.com if they wish to forgo Option A and accumulate referrals to be used for either of Option B or Option C.

Option B – Five new members referred ($75.00 value):  Members who refer five (5) new subscribers and choose Option B can choose to have a new DVD player sent to their home, or they can choose five free months of library access, one month to be credited to their account for five (5) consecutive months. This option can be exercised within thirty (30) days following the first paid subscription month of the fifth subscriber.

Option C – Ten new subscribers ($180.00 value):  Members who refer 10 new subscribers and choose Option C will receive a twelve (12) month subscription at no charge.  This option can be exercised within thirty (30) days following the first paid month of the tenth referred subscriber.

Note: Option B and Option C have a one year maximum time limit to complete the option requirements.  In the event a referring member falls short of the option requirements, FSD can, at its sole discretion extend the time to a mutually agreed upon limit provided the referring member makes the request before the expiration date.  If no request is made, then the referring member will receive one month free access for each new paid member he or she has referred.  Access will be credited to the member’s account on monthly basis until the referring member receives full credit for each member referred.  No cash will be awarded under any circumstances, and if a referring member elects to cancel their membership prior to full credit being received, the remaining balance goes to zero immediately upon cancellation.

Members who opted for Option C and fell short but exceeded the requirements for Option B can elect to receive a DVD player and receive credit for any new members signed over the five members required for Option B.

Disputes

You agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Orange shall have exclusive jurisdiction over any dispute between you and FSD/TSD relating in any way to the FSD/TSD service or Web site or these Terms of Use. You and FSD/TSD expressly and irrevocably consent to personal jurisdiction and venue in these courts.

As of: Feburary 10, 2006