Terms of Use
Acceptance of Terms of Use
These Terms of Use govern your use of the TigerCinema Web site. By using the TigerCinema
Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use,
you should not use the TigerCinema Web site.
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Changes to Terms of Use
TigerCinema reserves the right, from time to time, with or without notice to you, to change these Terms
of Use at its sole discretion. The most current version of these Terms of Use can be
reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of most pages of the
TigerCinema Web site. The most current version of the Terms of Use will supercede all previous versions.
Your use of the TigerCinema Web site after changes are made means that you agree to be bound by such changes.
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Membership and Billing
You can find the specific details regarding your subscription with TigerCinema at anytime by clicking on the
"My Account" link, located at the top of the pages of the TigerCinema Web site.
- Free Trials
Free trials are only available to new subscribers of the TigerCinema service. Previous subscribers
or trialists of TigerCinema do not qualify for a free trial. Only one free trial or promo may be redeemed
per household and a free trial or promo may not be combined with any other offer. You must have internet access and a
valid credit/debit card to redeem a free trial offer.
People who break this rule will be charged the monthly subscription, without notice, for any additional
trial taken.
Free trial periods are only offered and valid for the 1 Movie-at-a-time plan. All other Movie, TV series, and
Combo (movie and TV series) plans are not eligible for free trial periods.
Upon registering for your free trial, your credit card will be authorized for approximately one month of service.
No charges, however, will be made against the card unless you do not cancel prior to the end of your free trial
period or you do not return DVDs before the end of the trial.
The free trial will end once your trial period has ended. You may choose to become a
full member at any time during the free trial period.
We will begin billing your credit card for monthly subscription fees for the TigerCinema
Service once your trial period has ended, unless you cancel prior to the end of your free trial and
return DVDs before the end of the trial. We will continue to bill your credit card on a monthly basis for the
TigerCinema Service until you cancel.
You must cancel your account and return DVDs before the end of your free trial period to avoid charges to your
credit card. For instructions on how to do this, see the section on 'cancellation' below.
TigerCinema reserves the right to change the free trial offer without notice.
- Billing
As a subscriber to TigerCinema, you agree that we are permitted to charge your credit card a monthly
subscription fee plus any applicable taxes and any other charges you may incur in connection with your use of TigerCinema. The
subscription fee will be billed at the beginning of your subscription and on each monthly renewal
thereafter. The maximum number of rentals for a subscription period is shown in the package information section and also in the
"My Account" section.
All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time.
If you want to use a different credit card or if there is a change in your credit card validity or expiry date, you may edit your credit card information by clicking on the "My Account" link,
available at the top of most pages of the
TigerCinema Web site. If you have not cancelled your subscription and your credit card expires we reserve the right to automatically change the expiration date on your credit card.
- Annual Membership
A discounted annual membership is available for each subscription package. The fee is charged for one year's
subscription in advance. We do not provide refunds or credits for any partial annual subscription period. We also
offer 3-month, 6-month, and 9-month memberships for each subscription package.
- Automatic Renewals
Your TigerCinema subscription will be automatically renewed each month. For your convenience, we will
charge the regular subscription fee plus any applicable taxes to the credit card you provide to us during registration (or to a different
credit card if you change your account information). Your membership will automatically renew for successive
periods' subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate
it, or you choose to start the next subscription period earlier having rented
the maximum allowed for the period. You must cancel your membership before it renews in order to avoid billing
of subscription fees to your credit card. -
Expired or Invalid Credit Cards
The terms we agree with you are dependent on a valid credit card being available for charging each month.
Should your credit card expire, or reach its credit limit, we send you a reminder to that effect.
If you do not update your card details and continue to keep your rented disks
you will be charged at the rate of $1.00 per day for each disk not returned.
This is to allow us to continue to provide a high level of service to other
members.
If you have any difficulties with your credit limit, then we advise you to
freeze your account (disks must be returned before freezing takes effect) and
unfreeze when funds become available.
In all circumstances you must return disks to us when you are failing to make
payment, to avoid unnecessary charges and potential legal action.
- Delivery and Return of DVDs
We currently use the United States Postal Service (USPS), first-class prepaid postage, to deliver and return
the DVDs you have selected to view. 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 USPS.
Any delays in the USPS delivery times are outwith the control of TigerCinema. TigerCinema, therefore, is not
responsible for USPS postal delays or misdirected mail.
It is your responsibility to ensure that your address has been entered correctly, including your postcode.
If you change address, you must update your address details in My Account
to ensure that no DVDs are sent out to the wrong address. Please ensure
this is done before you move as you will be liable for any DVDs posted to the
wrong address. You may wish to use our Freeze facility during your move.
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 TigerCinema for any DVD lost or returned in an unacceptable condition (beyond reasonable
wear and tear) - and that you allow TigerCinema to charge such compensation to your credit card. We will
notify you of any such charges. Should a member withhold payment and fail to return DVDS when requested, then
TigerCinema will pursue the member for the cost of these DVDs and all associated legal and recovery expenses.
- DVDs Lost or Delayed in the Post
If a DVD is delayed or lost in the post this should be reported using "Report a Problem" link in "Your Account" page on the website.
If the DVD has been lost in return, a form declaring postal loss will be sent to you for completion. A receipt
of posting should be attached if this was obtained from a Post Office when the DVD was returned.
If you have been affected by a postal delay or loss we recommend that you obtain a receipt of posting for any
further DVDs returned by you. A receipt of posting must be attached to the form declaring postal loss
for second or subsequent losses. For any DVD reported missing, the form declaring
postal loss must be returned within 7 days, otherwise you will be charged the full recommended retail price
of the DVD. Any fraudulent declarations will result in termination of your account and immediate and full
prosecution.
- Cancellation
As noted above, you may cancel your subscription to TigerCinema at anytime.
It is essential to cancel your membership no later than the day before your next payment date,
so that you are not charged for a month's membership, and before returning your last DVD so that we do not
send another.
It is also essential to cancel via the web site to ensure that your payments are ceased in the proper manner.
Please note the responsibility is on you to cancel.
To cancel, click the "My Account" link and follow the instructions under the heading "Cancel My Membership."
We do not provide refunds or credits for any partial monthly or annual subscription periods. Upon cancellation,
you must return any outstanding DVDs to TigerCinema prior to your next payment date, getting a receipt of
posting as proof of return. If the DVDs are returned after your next payment date you will be charged for the
next month's subscription (We allow 2 days to compensate for any postal delay). Failure to return such
DVDs will result in your credit card being billed $20.00 for each DVD. If we have sent a DVD to you that you have
not received, you must notify TigerCinema of this within 7 days of it being dispatched and before cancelling,
otherwise you will be billed $20.00 for each DVD.
- The Number of DVDs You Can Rent
The number of DVDs rented per month by our members varies depending on the membership plan selected and the
rental limit associated with membership plan.
To view your current plan and other details, click on the "Your Account" link and view the "Membership Details".
The actual number of DVDs you rent in any month will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below).
- Allocation, Delivery and Return of Rented DVDs
We reserve the right to process orders and otherwise allocate and ship DVDs among our members 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 movie, their location within our distribution
network and the level of staffing and number of shipments to be processed at each distribution center.
As a result of the operational practices described in this section, we may not always send you the top choices
from your Queue, ship out your next DVD on the same day that we receive one from you, or process orders from your
local distribution center.
At present, our goal is to ship you the DVDs listed highest in your Queue. Also, we currently try to ship you DVDs
from the distribution center closest to you so that you get movies quickly. Generally, on the same day that we
receive a DVD from you, we will ship the next available DVD from your Queue. In certain instances, your next
available DVD will not ship until at least one business day following our receipt of your returned movie.
In determining priority for shipping and inventory allocation, we may utilize many different factors,
including the number and type of DVDs you rent through our service, the membership plan you select,
as well as other uses of our service by you. For example, if all other factors are the same, we give priority to
those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various
factors impacting shipping and inventory allocation will change from time to time and will be made in our sole
and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of
DVDs you rent in any month may vary, and you may experience differentiated service during the course of your
membership. Also, such service may be different from the service we provide to other members on the same
membership plan. The type of differentiated service you may experience includes, (i) the shipment of your next
available DVD occurring at least one business day following return of your previously viewed movie,
(ii) delivery taking longer, as the shipments may not be sent from your local distribution center and
(iii) the movies you receive coming from lower in your Queue more often than our other members.
These effects will not occur unless we are faced with limited inventory at your local distribution center
or when the number of shipments to be processed by that distribution center on that day is exceeded.
Other factors that may affect delivery times, include, but are not limited to,
(i) the distance between the distribution center from which your DVD was shipped and your delivery address,
(ii) the timing of your placement or adjustment of movies in your Queue,
(iii) circumstances impacting delivery by the U.S. Postal Service, and
(iv) any unplanned downtime of our computer systems.
We receive mail from the USPS and process returns Monday through Friday, except Holidays.
Generally all of the returns are processed on the same day received. We will send an email to you soon after
processing your return, and another email letting you know when we have shipped your next DVD.
We make no guaranty as to the shipping and delivery of DVDs and may, in our sole and absolute discretion,
change our business practice regarding allocation, delivery and shipping, without notice.
We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the
revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes.
We believe that our operational practices, including how we prioritize shipping and inventory allocation
among our members, provide a great value to all our members.
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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, TigerCinema will place a 'cookie'
(a small text file) on any computer you use to access the TigerCinema Web site. When you revisit the
TigerCinema 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.
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Disclaimers of Warranties and Limitations on Liability
The TigerCinema Web site and its contents are provided "as is" and we make no representations or warranties of
any kind with respect to the TigerCinema Web site or its contents. We assume no liability or responsibility for
any errors or omissions in the content of the TigerCinema Web site, any failures, delays, or interruptions in
the shipment of DVDs, delivery of any content contained on the TigerCinema Web site, any losses or damages
arising from the use of the content provided on the TigerCinema Web site, or any conduct by users of the
TigerCinema web site. 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 TigerCinema, its 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.
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Intellectual Property
You may use any TigerCinema 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.
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Copyright
All content included on the TigerCinema Web site, including text, graphics, logos, designs, photographs,
button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of
TigerCinema or its suppliers and is protected by United States of America and international copyright laws.
The compilation of all content on this site is the exclusive property of TigerCinema and protected by U.S. and
international copyright laws. They should not be reproduced or used without express written permission from
TigerCinema.
- DVD duplication
You agree not to make any unauthorized copies of any TigerCinema DVDs.
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Entertainment and Web Site Content
We distribute film, television, and other audio-visual entertainment. In addition, the TigerCinema Web site
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 TigerCinema Web site are those of the respective authors
or producers and not of TigerCinema or its directors, officers, or employees. Under no
circumstances shall TigerCinema or its directors, officers, or employees be held
liable for any loss or damage caused by your reliance on information obtained through the TigerCinema Web site.
It is your responsibility to evaluate the information, opinion, advice, or other content available through the
TigerCinema Web site.
We permit you to post reviews on the TigerCinema Web site in accordance with the procedures established on the
TigerCinema Web site 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 do not regularly review the content posted on the
TigerCinema Web site; however, we reserve the right to remove or edit such content at anytime without notice.
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Your Conduct on the TigerCinema Web Site
By accessing the TigerCinema Web site, 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 TigerCinema Web site. You also agree not to interfere with the servers or networks connected to the
TigerCinema Web site or to violate any of the procedures, policies or regulations of networks connected to the
TigerCinema Web site, the terms of which are incorporated herein. You also agree not to impersonate any other
person while using the TigerCinema Web site, conduct yourself in a vulgar or offensive manner while using our
service, or use the TigerCinema Web site for any unlawful purpose.
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Limitations on Use
You must be 18 years of age or older to use the TigerCinema service. Unless otherwise specified, the content
on the TigerCinema Web site is for your personal and non-commercial use and we grant you a limited license to
access the TigerCinema Web site 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, license,
create derivative works from, or offer for sale any information contained on, or obtained from, the
TigerCinema Web site without our express written consent. Any unauthorized use of the TigerCinema Web site
or its contents will terminate the limited license granted by us.
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Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, 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 'Commercial Exploitation'. In the event that we do so we will give
you seven days to return our DVDs and failure to return these DVDs will incur charges, as described under
'Cancellation' above.
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Terms of Use last updated 14 July 2007.
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