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TERMS OF USE
Acceptance of Terms
Welcome to Parent Alert Videos. The Parent Alert Videos.com Web
site and the Parent Alert Videos service are owned and operated by
Discover Films, Inc. (hereinafter referred to as "Parent Alert
Videos","we" or
"us").
Parent Alert Videos provides its services to you subject to the
following Terms of Use, which may be updated occasionally, at our
sole discretion, with or without notice to you. The most current
version of these Terms of Use will always be on this page and will
supersede all previous versions. There will always be a link to the
most current Terms of Use on the www.ParentAlertVideos.com home page.
By using, visiting, or browsing the ParentAlertVideos.com Web site,
you accept and agree to be bound by these terms.
These Terms of Use set forth the entire agreement regarding all
the subjects we discuss herein. If any provision of this agreement
is found to be unlawful, void, or unenforceable, it will not affect
the validity and enforceability of any other provision.
We reserve the right, in our sole and absolute discretion, to make
changes from time to time (with or without notice) in how we operate
our service.
We reserve the right, in our sole and absolute discretion to cancel
any membership with or without notice.
Privacy
Any information you submit to us, or any information we collect,
is subject to the Parent Alert Videos Privacy Policy.
Eligibility
Parent Alert Videos. com is designed for home use in the consumer
market. Schools and organizations (including non-profits) are not
eligible to participate in the PAV video rental subscription
service. No purchase orders will be accepted for subscription fees.
DVDs will be shipped to residential addresses (including P.O. Boxes)
only. Subscribers agree not to use the DVDs obtained from ParentAlertVideos.com
in any venue outside ordinary home use. Any use outside of home use
is in violation of the limited licensing rights extended to subscribers
during the term of their active subscription. Parent Alert Videos.com
reserves the right to cancel any memberships found to be in violation
of the eligibility criteria and/or licensing rights or for any other
misuse of the DVDs provided to PAV subscribers without notice. There
will be no refund for the outstanding term of the subscription on
memberships cancelled by PAV.
Your Account
If you use the Parent Alert Videos.com Web site or the Parent Alert
Videos service, you represent and warrant that all information you
supply to Parent Alert Videos is complete and accurate. You are solely
responsible for maintaining the confidentiality of your account information,
including your password, and for restricting access to your computer.
You also agree not to impersonate any other person while using the
Parent Alert Videos.com Web site. By using the Parent Alert Videos.com
Web site, you agree to accept responsibility for all activities that
occur under your account or password. It is also your responsibility
(at all times) to provide and maintain an accurate and working e-mail
address, delivery address, telephone number, current credit card
and billing information. We reserve the right to place any account
on hold at anytime (with or without notification to the member) in
order to protect us from what we believe to be fraudulent activity.
Free Trials
We offer free trials of the Parent Alert Videos service to allow
customers to become familiar with the many benefits of the membership
plans we offer. These trials are available to new (first-time) customers
only, limited to one per household, and cannot be combined with any
other offer. This limited introductory free trial offer is only valid
in the 50
United States
and the
District of Columbia. A valid credit card is required. WE AUTHORIZE
THE CARD IN THE AMOUNT OF $20 IN ORDER TO VERIFY THE ACCOUNT. We
receive no money from this transaction, even if your bank or credit
card company temporarily holds the funds in your account.
Parent Alert Videos will begin billing your credit card for a monthly
membership fee (plus any applicable taxes) on the first day following
the end of your free trial period. YOU MUST CANCEL YOUR MEMBERSHIP
PRIOR TO THE END OF YOUR FREE TRIAL PERIOD TO AVOID HAVING YOUR CREDIT
CARD CHARGED.
Credit Card Billing – Membership Fees
As a Parent Alert Videos member, you agree that we are permitted
to charge your credit card on a monthly basis for your membership
fee (plus any applicable taxes) and any other charges you may incur
in connection with your use of Parent Alert Videos.com. The membership
fee will be billed in full on the first day of your paid membership
and on each monthly anniversary thereafter, unless and until you
cancel your membership. If your billing date lands on a day not contained
in a given month, you will be billed on the last day of that month.
For example, if your paid membership began on August 31st, your next
billing date would be September 30th.
Parent Alert Videos is not responsible for any additional bank fees,
interest charges, finance charges, overdraft charges, or other fees
resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS
IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE.
We also reserve the right to change our fees, but we will notify
you in advance if we do so.
Shipping Policies
We use reasonable efforts to ship your new DVD as soon as we receive
the prior one you returned in our warehouse. We currently ship
five days per week (Monday through Friday) using USPS first class
mail. We do not ship during USPS holidays. We will send you an e-mail
when we have received a returned DVD and another e-mail when your
next DVD has been shipped. DVDs will be mailed to residential addresses
(including P.O. Boxes) only.
Lost, Unreturned and Damaged DVDs
You agree to allow us to charge your credit card for the current
retail or replacement price of a DVD, whichever is higher, in the
following situations:
- If we do not receive a DVD within 7 days of canceling your free
trial or paid membership (an unreturned DVD), unless the following
conditions are met:
- you can document that the DVD has been received by Parent Alert
Videos by using shipping with a tracking method
- we determine that you have sent us the exact DVD rented to
your account
- the DVD is in good working order
- If we do not receive an unplayable DVD within 7 days of your
reporting it to us as unplayable;
- If you have lost a DVD and reported it to us as lost; or
- If you have damaged a DVD (whether or not you reported it to
us as damaged)
We recommend that you use shipping with a tracking method to
return your DVDs after canceling your account.
If we charge your credit card for an unreturned DVD and you wish
to receive a credit, the DVD must be returned in playable condition
via USPS registered mail within 30 days of the date of the sale.
After 30 days, all sales are final.
If the number of lost and/or damaged DVDs on your account become
excessive, we may place your account on hold or terminate your membership.
If an overdue account is assigned for collection, you agree to pay
all reasonable collection costs, attorney fees, and court costs incurred.
It is further agreed that all overdue accounts shall bear interest
at the maximum rate allowed by law.
Gift Certificates
Gift certificates must be bought and redeemed through the Parent
Alert Videos Web site, toward the purchase of a Parent Alert Videos
Membership Plan. Gift certificate recipients will need a valid credit
card to activate their gift membership. The recipient’s credit
card will only be authorized. It will not be charged. Unless the
recipient cancels prior to the end of the gift membership period,
Parent Alert Videos will bill the recipient's credit card for membership
fee(s) at the completion of the gift membership period. WE DO NOT
GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE
OF A BILLING CYCLE.
Gift certificates cannot be used to purchase additional gift certificates,
are not redeemable for cash and cannot be returned for a cash refund.
Parent Alert Videos is not responsible for lost or stolen gift certificates.
Parent Alert Videos has the right to close customer accounts and
request alternative forms of payment if a fraudulently obtained gift
certificate is redeemed.
Pre-Paid Memberships
Pre-paid memberships must be redeemed through the Parent Alert Videos
Web site. Redemption requires a valid credit card and shipping address.
Unless the member cancels prior to the end of the pre-paid period,
Parent Alert Videos will begin to bill your credit card for membership
fee(s) plus applicable sales tax at the completion of the pre-paid
period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED
DURING THE MIDDLE OF A BILLING CYCLE.
Pre-paid memberships cannot be used to purchase gift certificates
and cannot be returned for a cash refund. Parent Alert Videos is
also not responsible for lost or stolen pre-paid memberships. Parent
Alert Videos has the right to close customer accounts and request
alternative forms of payment if a fraudulently obtained pre-paid
membership is redeemed.
Safe Shopping
Federal law limits your liability for unauthorized charges to your
account. The Fair Credit Billing Act (FCBA) states that your credit
card company (creditor) cannot hold you liable for more than $50
in the unlikely event a fraudulent charge occurs on your account.
Parent Alert Videos will pay up to $50 of your liability if your
credit card is used fraudulently at Parent Alert Videos.com.
We will cover this liability only if the unauthorized use of your
credit card resulted through no fault of your own from purchases
made at Parent Alert Videos.com while using our secure server. In
the event of unauthorized use of your credit card, you must notify
your credit card provider in accordance with the FCBA reporting rules
and procedures
Limitations on Liability
THE CONTENTS OF THE PARENT ALERT VIDEOS.COM WEB SITE, AND THE DVDS
WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR
ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PARENT ALERT VIDEOS.COM
WEB SITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY
OF ANY CONTENT CONTAINED ON THE PARENT ALERT VIDEOS.COM WEB SITE,
FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED
ON THE PARENT ALERT VIDEOS.COM WEB SITE, OR FOR ANY CONDUCT BY USERS
OF THE PARENT ALERT VIDEOS.COM WEB SITE. TO THE FULL EXTENT PERMISSIBLE
BY LAW, PARENT ALERT VIDEOS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
ABOUT THE DVDS WE DELIVER, 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 PARENT ALERT VIDEOS.COM, 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 ANY DVDS OR THE INFORMATION ON OUR WEBSITE.
WHILE PARENT ALERT VIDEOS WILL MAKE A REASONABLE EFFORT TO RETURN
ANY NON-PARENT ALERT VIDEOS PROPERTY IT RECEIVES, PARENT ALERT VIDEOS
WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
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
All content and data included on the Parent Alert Videos.com Web
site, including but not limited to graphics, text, logos, button
icons, and software, is the property of Parent Alert Videos, or its
suppliers and is protected by
United States
and international copyright laws. No content may be reproduced or
used without express written permission from Parent Alert Videos,
Inc. and any other copyright holder.
You agree not to decompile, reverse engineer or disassemble any
software, products or processes accessible through Parent Alert Videos.com,
not to insert any code or manipulate any content and not to use data
mining, data gathering or any other extraction methods. Parent Alert
Videos does not condone the copying of video DVDs or other infringing
activities.
Parent Alert Videos is a trademark of Discover Films, Inc. Parent
Alert Videos's trademarks may not be used in connection with any
product or service that is not Parent Alert Videos's, in any manner
that is likely to cause confusion among customers, or in any manner
that disparages or discredits Parent Alert Videos. All other trademarks
not owned by Parent Alert Videos that appear on the Parent Alert
Videos.com site or on DVDs are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored
by Parent Alert Videos. Any images of persons or personalities contained
on the Parent Alert Videos.com Web site or in DVDs shall not be an
indication of endorsement of any particular product or our service
unless otherwise specifically indicated.
Web Site Content
Parent Alert Videos offers synopses, reviews, instruction manuals,
and user comments pertaining to the DVDs we distribute. Under no
circumstances shall Discover Films, Inc. or its shareholders, officers,
directors, or employees be held liable for any loss or damage caused
by your reliance on information obtained through the Parent Alert
Videos.com Web site. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the Parent Alert
Videos.com Web site.
Some hyperlinks on Parent Alert Videos.com may lead to other Web
sites that are not owned or controlled by Parent Alert Videos, Inc.
Parent Alert Videos has not reviewed these sites and has no control
over the content of such sites. Connecting to linked sites and/or
downloading any information from linked sites is done entirely at
your own risk. Parent Alert Videos makes no representation or warranty
that downloads from linked sites will meet any prescribed specification,
nor do we make any representation or warranty that such linked sites
will not contain viruses or otherwise impact your computer.
Electronic Communications
By using the Parent Alert Videos service, you agree to receive electronic
communications from Parent Alert Videos. These communications may
include information about your account, like shipping and receiving
confirmation e-mails, or information related to the Parent Alert
Videos service and features. These communications are part of your
membership to Parent Alert Videos, and you are entitled to receive
them as a Parent Alert Videos member. You agree that any notice,
agreements, disclosure, or other communications that we send to you
electronically do satisfy any legal requirements regarding communications,
including the requirement that such communications be in writing.
Copyright Complaints
If you believe that material on the Parent Alert Videos.com Web
site is infringing your rights under
U.S.
copyright law, you may file a complaint of such claimed infringement
with Parent Alert Videos’s designated copyright agent:
By Mail to:
President
Discover Films, Inc.
PO Box 1745
Covington,
LA
70434
By E-mail: help@Parent Alert Videos.com
For your complaint to be valid under the Digital Millennium Copyright
Act, you must provide the following information when providing notice
of the claimed copyright infringement:
- An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been
infringed upon;
- A description of where the material that you claim is infringing
is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the
use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on behalf of the copyright owner.
You should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement might be liable for damages incurred
as a result of the removal or blocking of the material, court costs,
and attorneys fees
Your Conduct on the Parent Alert Videos.com Web Site
By using the Parent Alert Videos.com Web site, you agree not to
upload, post, e-mail, 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, hardware, equipment, or site content associated
with the Parent Alert Videos.com Web site. You also agree not to
interfere in any way with the servers or networks connected to the
Parent Alert Videos.com Web site, or to violate any of the procedures,
policies, or regulations of networks connected to the Parent Alert
Videos.com Web site, the terms of which are incorporated herein.
You also agree not to conduct yourself in an offensive manner while
using our service and/or our Web site, impersonate any other person
while using the Parent Alert Videos.com site, or use the Parent Alert
Videos.com Web site for any unlawful purpose.
User Reviews and Other Content
Visitors may post reviews, comments, and other content; and other
communications; and submit suggestions, ideas, comments, questions,
or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of other
content. Parent Alert Videos reserves the right (but not the obligation)
to remove or edit such content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Parent Alert Videos and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world
in any media. You grant Parent Alert Videos and its affiliates and
sub licensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Parent Alert Videos
or its affiliates for all claims resulting from content you supply.
Parent Alert Videos has the right but not the obligation to monitor
and edit or remove any activity or content. Parent Alert Videos takes
no responsibility and assumes no liability for any content posted
by you or any third party.
Limitations on Use
You must be 18 years of age or older and reside in one of the 50
United States
or the
District of Columbia to subscribe to the Parent Alert Videos service.
This service is for home use only. Use of the DVDs in schools or
organizations is expressly prohibited. The DVDs we distribute and
the content on the Parent Alert Videos.com Web site are strictly
for personal and non-commercial use. We agree to deliver DVDs to
our members and grant you a license to access the Parent Alert Videos.com
Web site for that limited purpose only. Any unauthorized use of the
Parent Alert Videos.com Web site will terminate your membership and
the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your membership, or
the use of our service or any portion thereof, without notice, for
any reason whatsoever, or for no reason.
Disputes
You and Parent Alert Videos expressly and irrevocably agree that
the
U.S.
District Court for the Southeastern Louisiana and/or the
Louisiana 22nd Judicial District Court shall have exclusive
jurisdiction over any dispute between you and Parent Alert Videos.
To Contact Parent Alert Videos
If you have a question or concern about these Terms of Use, please
contact help@Parent Alert Videos.com.
By mail to:
Customer Service
Discover Films, Inc.
PO Box 1745
Covington,
LA
70434-1745
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