You MUST read and agree to these terms and conditions before you can join this Web Site. Please read them carefully. These terms and conditions, as accepted by you constitute a legally binding contract. By joining our Web site and accepting these terms and conditions, you also agree to be bound by the terms of our privacy policy. The link to our privacy policy is located on the front page of this Web site. If you do not agree to these terms of service, please do not subscribe to or enter MovieDesi.com. If you do not agree to the changes in the terms of service as they may occur, please arrange to terminate your registration with MovieDesi.com immediately (i) by notifying MovieDesi.com. of your unwillingness to accept the changes to the terms of service; and (ii) by discontinuing your use of MovieDesi.com. Your continued use of MovieDesi.com will signify your acceptance of any change in the terms and conditions set forth herein.
I. MEMBERSHIP & FEES As a member, there are four ways from which you can choose to access premium areas of our site (the "Fee Arrangements"): 1) Monthly fee: This fee requires the member to pay a monthly subscription fee. Subscription fees are non-refundable once your username and password have been used to access a Site. 2) Trial fee: This fee requires the member to enjoy our service for a limited period of time which could last up to a 3 full days.
MovieDesi is the sole owner of any information collected on our site or for subscription registration purposes. Usernames, passwords, and IP ranges collected for the purpose of site access authentication are held in the strictest confidence. We will not sell, share, or distribute this information in any way, or use it for any other purpose than for site access authentication. MovieDesi.com reserves the right to terminate your MovieDesi.com services if MovieDesi.com learns that you have provided false or misleading registration information.
II. DEFINITIONS
The term "Site", as referred to in these terms and conditions shall mean - The Site for which you are purchasing a username and password (Login) from in order to gain access to that Site and enjoy its contents and benefits of Membership. The "Site" shall include the owner thereof. The term "Member" or "Membership", as referred to in the terms and conditions shall mean -The holder (Subscriber) of a valid username and password (Login) for the Site during the term of Membership. Membership is non-transferable and non-assignable. The term "Subscriber", as referred to in the terms and conditions shall mean - The End-user, Consumer, of the services of the Site and holder of a valid username and password (Login) for the Site. By becoming a Subscriber, you hereby authorize the imposition of charges to your credit card or other approved facility for all Membership fees as well as for any further goods and/or services at, through and/or from or pertaining to the Site. The term "Login", as referred to in the terms and conditions shall mean - The combination of unique username and password that is sold by the Web Site and used to access the Site. A Login is a non-exclusive, non-transferable license for that individual Member, and no other, to use the Site for a period of time. The term "Bookmarking", as referred to in the terms and conditions shall mean - The act of placing a Web page (URL) into a temporary file on the Subscribers browser so that the Subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent.
III. NON-ASSIGNABILITY/THEFT OF LOGIN
Your Membership, username and password (Login), may not be assigned or transferred to any other person or entity. Subscriber must promptly inform the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until the Site is notified, by e-mail, or via the trouble ticket system, the Subscriber will remain personally liable for any unauthorized use of the Service. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless, the Site and the Site owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Subscriber or with or under the authority of any other including governmental agency.
IV. TERMINATION/CANCELLATION
Subscription to this Service may be cancelled at any time, and without cause by either the Site or Subscriber upon proper notification. In order to proceed with your cancellation you must submit a trouble ticket which can be found at https://www.MovieDesi.com/ at the bottom. Notification of cancellation must include full name, user name, e-mail address, brief message and site name for proper identification and must originate from the customer service link on the site which you wish to cancel. You must complete the form and submit it in order for your cancellation to be processed. Subscribers are liable for charges incurred by them until termination of their subscription.
V. REFUNDS
There will be no refunds after the user has signed and used the service.
For specials (3 day pass and Grand opening special) there will be no refunds at all.
VI. LICENSE
Memberships to the Site are provided for personal, non-commercial use by customers of the Site. As customers, visitors to the Site hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Site for personal, non-commercial use only. Commercial use of the Site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks therefrom; or transfer any material located on the Site to any other person. The Site reserves the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site. Access to and use of the Site is through a combination of a username and a password (Login). Each Subscriber must keep his or her Login strictly confidential. For security reasons, the Site will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law.
VII. BOOK MARKING
Book marking to a page on the Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority.
VIII. DISCLAIMERS
THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. The site offers no assurance that a subscriber will have uninterrupted or error free service. The site does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the site.
ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. To the extent subscriber is located where such disclaimer is inapplicable or restricted, the disclaimer may not apply and subscriber may have legal rights which vary from state to state or jurisdiction. The site and the site owner make no representation as to any of the information found at the site.
Should the materials or services provided prove defective and/or cause any damage to equipment or any loss or inconvenience to subscriber or anyone claiming through subscriber, subscriber assumes the entire cost and responsibility for same. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply. However, under no circumstances and under no legal theory shall the site or the site owner, or any of their suppliers, licenses or other subscribers be liable, to subscriber or others for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for losses of any kind, including but not limited to, loss of good will, work stoppage, computer or other equipment failure or malfunction.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these terms and conditions, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. Except for third party advertisements or communications, for which the Site nor the Site owner, screen nor endorse, the Site's contents are controlled and operated by the Site owner. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These terms and conditions are to be governed and construed by Canadian law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site, litigation must be brought in state or federal court in Toronto, Canada. If the Site enables Subscribers to share information with other Subscribers, Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Site without prior written consent. Subscribers are responsible for information they send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
We encourage you to contact us first for any problems with your membership purchase. We have an excellent track record in resolving any problems to see that you are fully satisfied with your purchase.
If you have any concerns about your purchase we encourage you to contact one of our customer service reps using our online User Help system at https://www.MovieDesi.com/ at the bottom of the page.
We are always here to assist you with any complaints or problems you have with the website you joined.
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