TRANSACTION TERMS AND CONDITIONS

These transaction terms (previously known as our Rental Terms and Conditions) are brought to you by ASIAS Brands, LLC (doing business in Florida as CERKIT TV), which we call ”CERKIT TV.“ They explain the rules for renting items from CERKIT TV (which we call ”CERKIT TV Transactions“), as well as terms related to your rental and purchase of a license to on demand content from our CERKIT TV On Demand Service (which we call ”CERKIT TV On Demand Transactions“ and, collectively with the CERKIT TV Transactions,” the ”CERKIT TV Transactions“). Section A of these transaction terms address CERKIT TV Transactions, while CERKIT TV On Demand Transactions are addressed under Section B.

These transaction terms are part of the CERKIT TV Terms of Use and you agree to these transaction terms and the Terms of Use each time you enter into a CERKIT TV Transaction. IMPORTANT: These transaction terms or the Terms of Use, including what, how and when we charge for a CERKIT TV Transaction, may have changed since the last time you rented or otherwise transacted with CERKIT TV, so remember to check them prior to each rental or other transaction. Please also read the CERKIT TV Privacy Policy, which explains CERKIT TV’s information collection practices, such as the types of information CERKIT TV collects and how CERKIT TV may use that information.

FOR ANY CERKIT TV TRANSACTIONS WHERE THE RENTED ITEM IS TO BE PICKED UP AT A LOCATION IN A JURISDICTION THAT DOES NOT REQUIRE TAX TO BE CHARGED OR COLLECTED AND FOR ANY CERKIT TV ON DEMAND TRANSACTIONS WHERE THE ACCOUNT HOLDER’S BILLING ADDRESS IS LOCATED IN SUCH A JURISDICTION, THE CHARGES ASSOCIATED WITH YOUR RENTAL/PURCHASE WILL BE STATED AT THE TIME OF YOUR TRANSACTION (WHETHER AT THE LOCATION OR RESERVING ONLINE OR VIA MOBILE APPLICATION FOR CERKIT TV TRANSACTIONS OR ON THE APPLICABLE TITLE’S PAGE FOR CERKIT TV ON DEMAND TRANSACTIONS). NO TAX WILL BE ADDED TO THOSE STATED CHARGES. THEREFORE, ANY REFERENCE TO “PLUS APPLICABLE TAX” OR “PLUS TAX” IN THESE TRANSACTION TERMS DO NOT APPLY TO THOSE CERKIT TV TRANSACTIONS.

DVD Terms of USE

These DVD Terms of Use ("Terms of Use") govern your use of the DVD rental service and all features and functionalities associated therewith ("DVD service"). As used herein, references to "DVD" include standard definition or Blu-ray discs.

MEMBERSHIP

  1. Automatic Renewal. Your DVD service membership will continue month-to-month and automatically renew until terminated. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the DVD service. Unless you cancel your DVD service membership before your monthly billing date, you authorize us to charge your next month's DVD service membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your DVD service membership by visiting our website and clicking on the "Account" link available at the top of the pages of the DVD service website under your profile name. We reserve the right to modify, terminate or otherwise amend our offered DVD service membership plans.

  2. Membership plans. We provide two different membership plans to accommodate a variety of movie and TV watching preferences. Click on the "Account" link, located at the top of the pages of our website and see "Change Plans" for details on the various plans we offer. To view your current plan and other details, click on "Membership Terms and Details" on the "Account" page. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent, however, the actual number of DVDs you rent in any month will vary based on a number of factors (See "Allocation and Shipment of Rented DVDs" below). You may modify your plan by clicking on the "Change Plan" link on the "Account" page.

BILLING

  1. Recurring Billing. The membership fee for the DVD service will be charged at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your DVD service membership. By starting your DVD service membership and providing a Payment Method, you authorize us to charge the monthly membership fee for the DVD service at the then current rate, and any other charges you may incur in connection with your use of the DVD service, such as taxes and possible transaction fees, to your Payment Method. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your DVD service membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may also change due to changes in your membership. Visit our website and click on the "View billing details" link on the "Account" page to see the commencement date for your next renewal period. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, changes in your DVD service membership plan, changes in the amount of applicable sales tax, and charges for lost DVDs or DVDs not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts.

  2. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Account" link, available at the top of the pages of our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method.

  3. Cancellation. You may cancel your DVD service membership at anytime. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED DVDs. Upon cancellation, your account will automatically close at the end of your current billing period and you are given seven days to return any outstanding DVDs. Failure to return such DVDs will result in your Payment Method being charged for such items. We will send you a reminder email concerning unreturned DVDs prior to charging your Payment Method. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. To see when your account will close, click "View billing details" on the "Account" page.

  4. Changes to the Price and Membership Plans. We may change the DVD service membership plans and the price of the DVD service membership from time to time; however, any price changes to your service will only take effect following notice to you.

DVD SERVICE

  1. Age restriction. You must be 18 years of age to become a member of the DVD service. Minors may only use the DVD service under the supervision of an adult.

  2. Non-commercial use only. The DVD service and any content viewed through the DVD service are for your personal and non-commercial use only. You agree not to use any DVDs for public performances.

  3. Your Wishlist. DVDs that you select to rent are placed into your own Wishlist. You may add movies & TV shows or adjust the Wishlist at anytime. Click the "Wishlist" tab to make adjustments, review requested DVDs or to see which DVDs you currently have out. We determine which DVDs to send you based on the DVDs in your Wishlist and the priority in which you have listed them. We endeavor to ship to you the DVDs listed highest in your Wishlist; however, when availability is limited, we may ship you DVDs lower on your Wishlist. Availability is not guaranteed and the availability you experience may vary based on a number of factors (See "Allocation and Shipment of DVDs" below). Adjustments made to your Wishlist may not immediately impact your next shipment. In certain instances, you may have adjusted your Wishlist before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.

  4. Allocation and Shipment of 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 or TV show, 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 Wishlist, ship out your next DVD on the same day that we receive one from you, or process orders from your local distribution center. 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. 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. WE MAKE NO GUARANTY AS TO THE SHIPPING, ALLOCATION AND DELIVERY OF DVDS and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice.

  5. Delivery Speed. We utilize the U.S. Postal Service and a nationwide network of local distribution centers to send and receive DVDs you have selected to rent. We have located these centers in such a manner as to provide fast and efficient delivery to our members. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the majority of our members are able to receive their DVDs in about three to five business days following our shipment of the requested DVD from their local distribution center. Please note that not all deliveries will be from your local distribution center. The delivery times you encounter will vary based on a number of factors, including, but 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 DVDs in your Queue, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our shipping or computer systems.

  6. Return of Rented DVDs. We receive mail from the U.S. Postal Service and generally process returns Monday through Friday, except Holidays and other days in which our local processing facility may have reduced operating hours. Occasionally we identify personal CDs, DVDs or other items inadvertently submitted to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal CDs, DVDs or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. WE DISCLAIM ANY RESPONSIBILITY FOR AND YOU HEREBY EXPRESSLY RELEASE US FROM ANY LIABILITY ARISING FROM ANY RE-TRANSMISSION, INCLUDING BOTH THE SHIPMENT AND RECEIPT OF SUCH ITEMS, OR FAILURE TO RETURN PERSONAL ITEMS INADVERTENTLY SUBMITTED TO US.

  7. No Due Dates or Late Fees. Provided you continue to be a paying member of the DVD service, you may keep the DVDs delivered to you as long as you like. Given that we have no required return dates other than upon cancellation of the service, we do not charge any late fees. However, you may be charged for DVDs that you lose. In the rare event that the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and may charge your Payment Method for the estimated cost of the lost DVD(s). You hereby authorize us to charge your Payment Method for any lost DVD(s). We will alert you of any potential charges for lost DVD(s) prior to charging your Payment Method.

  8. Usage of the Service. You agree to use the DVD service in accordance with all applicable laws, rules and regulations. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the DVD service. You also agree not to: introduce any robot, spider, scraper or other automated means; decompile, reverse engineer or disassemble any software or other products or processes accessible through the DVD service; insert any code or product or manipulate the content of the DVD service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DVD service, including any software viruses or any other computer code, files or programs.

  9. Termination by us. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the DVD service. We can also terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

PASSWORDS & ACCOUNT ACCESS

The member who signed up for the DVD service and whose Payment Method is charged (the "Account Owner") has access and control over each profile, including all of the information provided and features selected for that profile, such as the sub-account member's name, password, and maturity level. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. The Account Owner will determine how to allocate DVDs among the sub-account members provided, however, the total number of DVDs out cannot exceed the number that are available in your plan. The Account Owner will receive e-mail delivery notices informing the Account Owner of all DVDs shipped under the Account. The sub-accounts members will not receive any e-mail notices.

USE OF INFORMATION SUBMITTED

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the DVD service, including the website and user interfaces, worldwide and in perpetuity 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 DVD service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. We do not accept unsolicited materials or ideas for content. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY

  1. THE DVD SERVICE AND ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DVD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CERKIT TV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

 

ARBITRITION AGREEMENT

  1. If you are a DVD service member in the United States (including its possessions and territories), you and CERKIT TV agree that any dispute, claim or controversy arising out of or relating in any way to the DVD service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CERKIT TV are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your membership.

  2. If you elect to seek arbitration or file a small claim court action, you must first send to CERKIT TV, by certified mail, a written Notice of your claim ("Notice"). The Notice to CERKIT TV must be addressed to: General Counsel, ASIAS Brands, LLC, 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notice Address"). If CERKIT TV initiates arbitration, it will send a Notice to the email address used for your membership account. A Notice, whether sent by you or by CERKIT TV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CERKIT TV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CERKIT TV may commence an arbitration proceeding or file a claim in small claims court.

  3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. CERKIT TV IS NOT RESPONSIBLE FOR REIMBURSEMENT OF FILING FEES.

  4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CERKIT TV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

  5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CERKIT TV's last written settlement offer made before an arbitrator was selected (or if CERKIT TV did not make a settlement offer before an arbitrator was selected), then CERKIT TV will pay you the amount of the award or US$5,000, whichever is greater.

  6. YOU AND CERKIT TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CERKIT TV agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

MISC.

  1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

  2. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  3. Changes to Terms of Use and Assignment. We may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign the Terms of Use to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable CERKIT TV service. We may also delegate certain of our responsibilities under the Terms of Use to independent contractors or other third parties.

  4. Electronic Communications. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.