MovieQ Terms and Conditions of Use

Acceptance of Terms and Conditions of Use. Welcome to MovieQ. This website and MovieQ video retail outlet stores ("Stores") are provided to you by Point.360, a California corporation ("Point.360"). Your access to and use of this website and our Stores are subject to your acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use affect your rights and you should read them carefully. If you do not agree to be bound by these Terms and Conditions of Use, please do not access this website further or patronize our Stores. These Terms and Conditions of Use constitute an ongoing contract between you and Point.360 and apply to your use of this website and your use of our MovieQ Stores. By use of this website and/or our Stores, you agree to accept and to be bound by these Terms and Conditions of Use. Point.360 reserves the right, in its sole discretion, to modify these Terms and Conditions of Use, including the Privacy Statement contained herein, at any time. Any such modifications will be immediately effective upon being posted on this website. Your continued use of this website and/or our Stores, including following the posting of changes, will mean that you accept and agree to these Terms and Conditions of Use, as well as to any posted changes. By your continued use of this website and our Stores, you agree to periodically review these Terms and Conditions of Use. If you choose not to agree to these or any modified Terms and Conditions of Use, please stop using this website and our Stores immediately.

DVD and Video Game Rentals. At the time that you rent a DVD (including Blu-ray or other high definition DVDs) or Video Game from our Stores (in each case, a "Rental"), you will be charged the specified fee per Rental for that DVD or Video Game (the "Rental Fee"), plus any applicable taxes, for the Initial Rental Period (as defined below). Subject to the terms below, you may keep the Rental for as long as you choose and may return it to any of our Stores prior to the expiration of the Maximum Rental Period (as defined below). You will not be charged an additional Rental Fee if you return the Rental to any of our Stores by 9:00 p.m., local time on the next calendar day (the "Initial Rental Period"). Additional "Rental Periods" will begin at the conclusion of the Initial Rental Period and will continue through 9:00 p.m. on the next calendar day. The exact time of the conclusion of the Initial Rental Period and any subsequent Rental Period is subject to any earlier closing time that may be required at a particular Store due to any limitations on access at that Store location (see Operating Hours and Access to MovieQ Stores below). If you return a Rental at any time after the Initial Rental Period, you will be charged an additional Rental Fee, plus any applicable taxes, for each additional Rental Period that you kept the Rental. All Rentals are subject to a Maximum rental Period. The "Maximum Rental Period" is 14 days for DVDs and Video Games, UNLESS OTHERWISE INDICATED AT THE TIME OF THE INITIAL RENTAL PERIOD. The "Maximum Rental Fee" for any given DVD or Video Game is the sum of the 13 additional Rental Fees that you incur (exclusive of the Initial Rental fee), PLUS the then current price at which we sell that particular DVD or Video Game, plus applicable taxes. At the conclusion of the Maximum Rental Period, the DVD or Video Game will be considered sold to you and the Maximum Rental Fee will be charged. Except as may be required by law, such sale will be final and non-returnable. MAXIMUM RENTAL FEES WILL EXCEED THE PRICE AT WHICH WE WOULD OTHERWISE DIRECTLY SELL THAT DVD OR VIDEO GAME, DUE TO THE EXTENDED DISRUPTION OF OUR INVENTORY AND MovieQ'S INABILITY TO RESTOCK THAT ITEM SO THAT WE MAY MAKE THAT ITEM AVAILABLE FOR RENTAL OR PURCHASE BY ANOTHER MovieQ CUSTOMER. In the event that you use a then valid promotional code when renting from our Stores, the specific terms of that promotion will govern the terms of your Rental, but will typically apply only to the Initial Rental Period.

The following are examples of how our Rental Fees work. In the event that you rent a DVD or Video Game from one of our Stores on a Wednesday, at the time of the Rental, you will be charged the initial Rental Fee for that item, plus any applicable taxes. If you return the Rental prior to 9:00 p.m. on the following day, you will not be charged an additional Rental Fee. If you return the Rental after 9:00 p.m. on Thursday, but before 9:00 p.m. on Friday of the same week, you will be charged one additional Rental Fee, plus applicable taxes, for the one additional Rental Period that you kept the Rental. If, however, you return the Rental after 9:00 p.m. on Friday, but before 9:00 p.m. on Saturday of the same week, you will be charged an additional two (2) Rental Fees plus applicable taxes, for the two additional Rental Periods that you kept the Rental. If you keep the Rental for the 14 day Maximum Rental Period for that Rental, you will be charged the sum of the13 additional Rental Fees for that Rental, PLUS our then current sales price for that DVD or Video Game, plus applicable taxes. Upon payment in full of the Maximum Rental Fee, that DVD or Video Game will be considered sold to you.

DVD and Video Game Rental Reservations. You may reserve any available Rental at one of our Stores by using our online reservation system. Your reservation will be valid until 9:00 p.m. the day after you place your reservation. You will be charged the applicable Rental Fee for one day even if you do not actually pick up the Rental from the Store for which you made the reservation. This charge is in consideration of our holding the Rental for you and not releasing it for rent or sale to another customer. Your rental reservation is only valid at the Store for which you made the reservation and is non-transferable. For example, if you reserve a Rental on Wednesday, retrieve the Rental prior to 9:00 p.m. on Thursday, and return it to one of our Stores before 9:00 p.m. on Friday of the same week, you will be charged for a second Rental Period.

MovieQ reserves the right to reject any reservation you place with us, and/or or to limit quantities on any reservation or on any Rentals, without giving a reason. If we reject your order, we will generally attempt to notify you by using the e-mail address you gave us when you placed the reservation. If a Rental is returned damaged, as determined by us in our sole and absolute discretion, we reserve the right to assess additional fees in an amount not to exceed the Maximum Rental Fee for that Rental.

Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered. MovieQ and Point.360 reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a reservation has been made and whether or not the reservation has been confirmed and your Cash Card or Payment Card charged. If the applicable card has already been charged for the purchase and your order is cancelled, MovieQ will issue a credit to your Payment Card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

DVD and Video Game Sales. At the time that you purchase a DVD or Video Game from our Stores, you will be charged the specified sales price for that DVD or Video Game, plus any applicable taxes. All sales are generally final and non-returnable in the absence of any damage to the purchased item at the time it is delivered by us, or as may be required by law, provided, however, we will allow the return of most items within seven (7) days of purchase, if undamaged, for store credit or store exchange, so long as any individual customer's returns are not deemed excessive or this policy is not otherwise deemed abused by a particular customer, in MovieQ's sole and absolute discretion.

Operating Hours and Access to MovieQ Stores. MovieQ Stores which are either free standing stores or located in outdoor strip malls with direct public access from a parking lot or street, are generally accessible 24 hours a day, 365 days a year. Unless otherwise specified in hours posted at the respective Store or on this website, MovieQ Stores can be expected to be unlocked and open to the general public from 7 a.m. through 11 p.m. Between the hours of 11 p.m. and 7 a.m., these Stores are accessible by inserting and promptly removing any of 1) your active MovieQ Cash Card, 2) most active major credit cards or 3) an active debit card issued by a bank, provided that the debit card has an affiliation with a major credit card, from an access slot which operates in a manner that is similar to obtaining access to most indoor bank automated teller machines (ATMs). The operating hours of MovieQ stores which are located within indoor enclosed malls or similar retail establishments which do not permit 24 hour public access are subject to the operating hours of such mall or retail establishment. These Stores can generally be expected to be unlocked and open to the general public during the operating hours of such mall or retail establishment. The location of, directions to and any limitations on operating hours of MovieQ stores can be found at MovieQ Locations.

MovieQ Cash Card Accounts. MovieQ Stores, allow you to create a "MovieQ Cash Card Account" based on your personal information, as an alternative payment method to using a valid major credit card (Mastercard, Visa, American Express or Discover) or an active debit card issued by a bank, so long as the debit card has an affiliation with a major credit card (major credit cards and qualifying debit cards are referred to as "Payment Cards"). The "MovieQ Cash Card Account" is a convenient service that saves you time and allows for easier use of our stores or to make online reservations. Here's how it works: You create a personal profile - providing your name, address, state issued drivers license or I.D card, email address, date of birth, and either sufficient cash or your Payment Card number - and choose a P.I.N. for security. The system saves your information and issues you a personal MovieQ Cash Card. You may add monetary deposit amounts in cash to the Cash Card Account at the Cash Card Station in the Stores. The next time you reserve online or rent or buy from a MovieQ Store, all you need to do is insert your Movie Q Cash Card or Payment Card into the reader or enter your MovieQ Cash Card Account number and P.I.N. The system looks up the information it needs to assist you. YOU MUST HAVE EITHER A VALID PAYMENT CARD OR A VALID MovieQ CASH CARD ACCOUNT, IN ORDER TO RENT OR PURCHASE FROM MovieQ. At the time of each Rental, MovieQ will seek an authorization from your Payment Card company or from your MovieQ Cash Card Account, equal to the Rental Fee for the Initial Rental Period for each item that you rent. If this authorization is received, the actual charge to your account at the time of rental will be only for the Rental Fee for the Initial Rental Period.

MovieQ IS AUTHORIZED TO CHARGE YOUR PAYMENT CARD OR YOUR MovieQ CASH CARD ACCOUNT FOR ANY ADDITIONAL RENTAL FEES AND FEES THAT YOU MAY INCUR. YOU AGREE TO PROVIDE US WITH AN ALTERNATE, VALID PAYMENT CARD OR MovieQ CASH CARD ACCOUNT IF ANY ADDITIONAL RENTAL FEES OR FEES ARE DECLINED FOR ANY REASON. IF YOUR PAYMENT CARD IS DECLINED, WE RESERVE THE RIGHT TO CHARGE YOU INTEREST FOR OVERDUE CHARGES AT THE THEN-HIGHEST LEGAL RATE ALLOWABLE ON CALIFORNIA CONTRACTS. YOU ALSO AGREE TO PAY ALL COLLECTION FEES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES.

MovieQ RESERVES THE RIGHT TO APPROVE OR DENY THE OPENING OF A MovieQ CASH CARD ACOUNT TO ANY CUSTOMER OR TO SUSPEND OR CANCEL A MovieQ CASH CARD ACCOUNT, IN ITS SOLE DISCRETION. ANY CASH OR PAYMENT/CREDIT CARD DEPOSIT PLACED BY A CUSTOMER ON SUCH ACCOUNT MUST BE USED BY THE CUSTOMER TO PURCHASE OR RENT DVDS OR VIDEO GAMES FROM MovieQ AND IS NOT REFUNDABLE IN CASH. MovieQ, IN ITS SOLE DISCRETION, MAY REQUIRE THE CUSTOMER TO MAINTAIN A MINIMUM CASH/CREDIT BALANCE ON ANY SUCH ACCOUNT PRIOR TO ALLOWING A RENTAL ON SUCH ACCOUNT.

Limitations on Use. MovieQ limits the opening of MovieQ Cash Card Accounts to individuals who are 18 years of age or older. While the holder of a MovieQ Cash Card Account may allow someone under the age of 18 to use their MovieQ Cash Card, such use must be authorized by and under the supervision of the MovieQ Cash Card Account holder. By using our service and Stores, you acknowledge and represent that you are 18 years of age or older or that you are under the supervision of the MovieQ Cash Card Account or Payment Card holder. You also represent that you are using a Payment Card or MovieQ Cash Card that is validly issued for your rental or purchase of Item(s) from our Stores and that you are authorized to do so. Holders of MovieQ Cash Card Accounts will remain liable for all purchases or Rentals which are made with their MovieQ Cash Card or Payment Card in the absence of establishing that their card was stolen or that they are the victim of identity theft to MovieQ's reasonable satisfaction. Fraudulent or abusive practices such as falsely reporting DVDs or Video Games as damaged or stolen may result not only in termination of your MovieQ Cash Card Account and charges to your Payment Card, but also in actions by MovieQ or Point.360 for recovery of civil damages as well as referral for criminal prosecution. DVDs provided by MovieQ are for personal, non-commercial use only.

Use of Promotions and Promotional Codes. Periodically, MovieQ Stores may offer certain promotions for a limited period of time or to first time customers. Such promotions are valid only at MovieQ Stores and cannot be redeemed online. Promotions are subject to their stated terms, but are typically valid for the First Rental Period only. A Payment Card or MovieQ Cash Card is necessary to redeem promotions and will be charged for each additional Rental Period after the promotional Rental Period. Promotions or promotional codes are not transferable, not for resale, and cannot be combined with other offers. MovieQ limits the use of promotions to a single transaction. MovieQ reserves the right to terminate a promotion or promotional code at any time. Customers with any outstanding, unpaid balance may not be eligible to participate in a promotion or to use a promotional code.

Electronic Communications. When you visit this website, request us to send you an e-mail receipt from one of our Stores or send e-mails to us, you are communicating with us electronically. By taking any of these actions, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting of notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any communications, you may elect to unsubscribe to all communications via the Website link by us. You acknowledge that the content of our emails may contain materials copyrighted by us or third-party organizations. Copyrighted materials cannot be copied, published, reprinted, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission from the copyright holder. Privacy Statement. MovieQ and Point.360 take privacy issues very seriously. For information about MovieQ and Point.360's privacy practices, please review our Privacy Policy. This policy explains how we treat your personal information, and protect your privacy, when you use our website or our Stores. You agree to the use of your data in accordance with our Privacy Policy.

Disclaimers and Limitations of Liability. THIS WEBSITE AND MovieQ STORES AND ALL ITEMS RENTED OR SOLD FROM OUR STORES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE AND "WITH ALL FAULTS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR WEBSITE OR STORES OR THE CONDITION OF ANY ITEM RENTED OR SOLD FROM OUR STORES AND WE HAVE NO RESPONSIBILITY FOR ANY PATENT OR LATENT DEFECTS IN SUCH ITEMS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT PROVIDED IN OUR STORES OR FOR ANY CONTENT IN ANY ITEM RENTED OR SOLD FROM OUR STORES, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN OUR SERVICE, OUR STORES OR OUR DELIVERY OF DVDS OR VIDEO GAMES. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MovieQ, POINT.360 OR THEIR EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

BY USING THIS WEBSITE AND OUR STORES, YOU EXPRESSLY ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK AND YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICE AND STORES. WE DO NOT WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR STORES IS ACCURATE, COMPLETE OR CURRENT. 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 IN NO EVENT SHALL MovieQ, POINT.360 OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MovieQ OR POINT.360 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. MovieQ AND POINT.360 RESERVE THE RIGHT TO CHANGE, SUSPEND OR DISCONTINUE ANY OR ALL OR ASPECTS OF THIS WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE.

Ideas and Concepts. By use of this website and our stores, you agree that MovieQ and Point.360 shall be free to use any suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or e-mails to us regarding our business, our Stores, www.MovieQ.com, or our software, without further compensation, acknowledgement or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and creating, modifying or improving this website or our Stores.

Right to Terminate. In our sole discretion, MovieQ and Point.360 reserve the right to terminate or restrict your use of this website and our Stores, without notice, for any or no reason. Notwithstanding any such termination, you will remain personally liable for any reservations that you make or charges that you incur prior to termination.

Disputes; Governing Law. This site is created and controlled by Point.360 in the State of California, USA. As such, the laws of the State of California will govern our ongoing contract, any and all disclaimers, terms, and conditions use and other content of this website and use of this website and our Stores, without giving effect to any principles of conflicts of laws. You agree to submit to the personal and exclusive jurisdiction of the courts of the state of California in connection with any dispute with us.

General. These Terms and Conditions of Use (and all future modifications to these Terms and Conditions of Use) embody the entire understanding between us with respect to the subject matter hereof and supersede any and all prior understandings and agreements, oral or written. If any provision of these Terms and Conditions of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of that provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of any such provision or portion thereof in any other jurisdiction.

Questions. If you have any questions or comments regarding this website, our Stores or our products and offerings, please contact our toll-free customer service phone number: 1-866-300-9889.

These Terms and Conditions of Use have been last updated on March 25, 2010.

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