TERMS AND CONDITIONS OF MEMBERSHIP PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE 26 NUMBERED TERMS AND CONDITIONS CONSTITUTES A BINDING AND ENFORCEABLE CONTRACT AND AGREEMENT BETWEEN YOURSELF AND THE CLUB (AS DEFINED IN DEFINITION 1.a. BELOW). ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS IS REQUIRED TO OBTAIN PERMISSION TO ACCESS THE MEMBERS ONLY PORTION OF THE WEBSITE AND TO ORDER ANY RETAIL PRODUCT FOR SHIPMENT AND TO ACCESS OR PARTAKE IN ANY OTHER MEMBERSHIP BENEFITS. ACCEPTANCE OF THIS ENTIRE AGREEMENT WILL HAVE BEEN DEEMED TO HAVE OCCURRED WHEN YOU SUBMIT YOUR PAYMENT INFORMATION TO THE CLUB OR THE CLUB’S THIRD-PARTY PAYMENT PROCESSOR TO ACTIVATE YOUR MEMBERSHIP. THESE TERMS AND CONDITIONS MAY CHANGE AT ANY TIME WITHOUT NOTICE. THE CURRENTLY EFFECTIVE TERMS AND CONDITIONS CAN BE REVIEWED AT http://www.dvdsforabuck.com/terms.html YOUR CONTINUED MEMBERSHIP IN THE CLUB IS CONSIDERED ACCEPTANCE OF THE CLUB’S TERMS AND CONDITIONS THEN IN EFFECT. DEFINITIONS: The following capitalized defined terms will be used throughout this agreement. Club: The DVDs For A Buck membership club. The Club may be joined directly at one of several proprietary websites (dvdsforabuck.com, adultdvdsforabuck.com, or gaydvdsforabuck.com) or through links and forms at a network of website affiliates. Regardless of the portal utilized to join the Club, membership in the Club requires the payment of at least one monthly Membership Fee, as defined later in this section. Membership in the Club includes several benefits as defined elsewhere in these Terms and Conditions. For purposes of these Terms and Conditions, as defined below, any rights assigned to the Club shall also be deemed to have been assigned to Us, as defined below. Club's Websites: The URLs dvdsforabuck.com, adultdvdsforabuck.com, and gaydvdsforabuck.com, separately or together. Terms and Conditions: This document, including the separate DVDs For A Buck Terms of Use. The Terms and Conditions are the Club’s terms and conditions that define your rights and responsibilities as a Member (as defined later in this section) of the Club. You or Your or Yourself means all of the following: Yourself. The person reading and agreeing to these Terms and Conditions. The person submitting personal and billing information as part of an application for Club membership, either through the Club’s proprietary websites or an affiliated website. We or Us or Our means any of the following: The company or entity that own the Club, its main operating software, its internet website URLs, and/or its intellectual properties and trademarks. Any company or individuals who subsequently obtain ownership of any of the items in 1.d.i. above. Member: Any person who has joined the membership Club and paid the Membership Fee (as defined below), including You. Members are either an Active Member or a Cancelled Member as defined later in this section. Membership: Membership in the Club Membership Fee: The recurring monthly fee paid in advance by Members to gain continued access to the Club’s benefits and services. Members Only Area: The password-protected portion of the Club’s Websites that can be accessed only by an Active Member or a Cancelled Member. Active Member means all of the following: A Member who has paid, within the last 30 days, the monthly Membership Fee. A Member who is eligible for all Club Benefits as defined elsewhere in these Terms and Conditions. Cancelled Member means all of the following: A Member who has paid the Membership Fee in the past but no longer continues to pay the monthly Membership Fee when due. A Member who is only eligible for the club benefit of accessing the Members Only Area of the Club’s Website to purchase discounted DVDs as outlined in number 9 below. All of the definitions of this Section 1 will retain their meaning whether used in the singular or the plural forms within these Terms and Conditions. CLUB TERMS OF USE: As a Member, You must agree to the Club’s Terms of Use in their entirety. The Terms of Use are available at http://www.dvdsforabuck.com/use.html. You understand that the Terms of Use are an integral part of these Club Terms and Conditions and that Membership requires Your continuing agreement with the Terms of Use. Further, as a Member, You understand and accept that the content of the Club’s Websites and products include, without limitation, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE MEMBERSHIP CLUB: As a Member, You agree and understand that the Club is a membership club and that the recurring monthly Membership Fee is $34.95 per month (billed in advance) and that Club Membership commences on the day that You sign-up through one of the Club’s Websites (or an affiliated website) and submit Your personal and billing information. Members agree and understand that they must sign up to be a Member of the Club for at least one month and pay at least one Membership Fee in order to purchase and receive the Bonus Offer described in number 6 below. However, these Terms and Conditions do not bind any Member to remain an Active Member for any period of time. Members may cancel at any time. The monthly Membership Fee currently in effect will be charged each month until a Member cancels either by e-mail to help@dvdsforabuck.com or by phone call or letter to the number or address that is listed on every shipment’s packing slip and on the Club’s Website. Member understands that the monthly Membership Fee may change at any time without notice. Member understands that ownership of the Club’s Websites may change without notice and that in the case of such transfer, Member authorizes the assignment of their Membership to any new such owners. TRIAL PERIOD: As a Member, You understand that there is no trial period (either free or paid) associated with the Club. Billing in full for the first month of Membership will occur immediately upon electronic submission of Your billing information to the Club. CLUB BENEFITS: As a Member, You understand that You are entitled to certain Club Benefits. Club Benefits include an introductory Bonus Offer, monthly Movie Credits, eligibility to earn Bonus Membership Levels, the receipt of Director’s Cuts shipments, the right to Discounted Movie Purchases, and a limited non-exclusive license to access the Club’s password protected Members-Only area of the website. You agree that each of these Club Benefits will be managed as they are described in these Terms and Conditions and that there are no additional benefits beyond those described in these Terms and Conditions. BONUS OFFER: As an Active Member, You are eligible for a Bonus Offer when You first become a Member of the Club. The Bonus Offer consists of 5 DVDs of Your choice. The cost of the Bonus Offer is $1.00. There is no shipping and handling charge associated with the Bonus Offer. You understand that You may choose the Bonus Offer DVDs from the selection of DVDs viewable from the non-Members Only Area (non-password protected) area of the Club’s Website. Eligibility for the Bonus Offer requires that Your application for Membership is accepted by the Club and that You have paid Your first month’s Membership Fee. As part of the Bonus Offer, You may choose a 6th or 7th DVD at a deep discount from regular Club retail prices. MOVIE CREDITS: As an Active Member, You will receive 2 Movie Credits per month. Movie Credits may be redeemed within the Members Only Area of the website to select DVDs that will be sent to You at no additional cost. You understand that some DVDs may be selected for 1 credit while other titles may be selected for 2 credits, depending upon the Club’s retail cost of the movie. There is no shipping and handling charge associated with the use of Movie Credits. You understand that unused Movie Credits expire after 90 days of issuance or at cancellation of Your Club Membership, whichever comes first. Further, You understand that Movie Credits will expire whether a cancellation of Membership was initiated by Yourself or the Club. You understand that there is no reinstatement of expired Movie Credits and that there will be no reduction, waiver, or refund of the monthly Membership Fee as compensation for expired Movie Credits. You understand and agree that Movie Credits may be expired even if they still appear to be available for redemption when You enter Your account on the Members Only Area of the Club’s Website. The Club’s management, at their absolute and final discretion, will make any determination as to whether or not Movie Credits are expired. DVDs FOR A BUCK: As an Active Member, You will have access to the Club’s monthly DVDs For A Buck promotion in which at least 1 regular Club title will be featured and available for purchase for $1 each month. You understand that the Club’s regular shipping and handling charges will apply to any DVD For A Buck special promotion. Also, You understand and agree that each Membership account entitles You to purchase a maximum of 1 copy of each DVD For A Buck offered each month. DISCOUNTED PURCHASES: As a Member, You are entitled to discounts on DVDs that are purchased through the Club. For every DVD purchased at the regular Club retail price, You are entitled to choose up to 4 more titles at 40% off of the regular Club retail price. You understand that a shipping and handling charge will apply to purchases made under this program. Cancelled Members may continue to use their Member ID and password to purchase DVDs through the Club and take advantage of this Club Benefit. DIRECTOR’S CUT / SPECIAL SHIPMENTS: Director’s Cuts are deeply discounted movies specially selected for You based upon the movies You have selected in the past. As an Active Member, You agree to receive and review a Director's Cut about every 4-6 weeks. Additionally, You agree to receive periodic Blowout Special Shipment mailings. You understand that You have 10 days to review any Director’s Cut or Special Shipment offer and that if You ever receive an unwanted selection, You may return it at no charge to Yourself and that Your account will be promptly credited upon receipt of Your return by the Club. Further, You understand that if You open any Director’s Cut or Special Shipment that You will be charged for the movie whether or not it is later returned, unless the item is defective. Further, You understand and agree that Your payment method will be debited prior to shipment of any Director’s Cut or Special Shipment. Also, You understand that You may elect to discontinue Director’s Cut and Special Shipment mailings without affecting Your other Club benefits. You can make this election by e-mailing the Club’s customer service at help@dvdsforabuck.com or calling or writing the Club at the phone number or address shown on the packing slip sent with every order or as found on the Club’s Website. BONUS MEMBERSHIP LEVELS: Active Members who receive periodic Director’s Cuts and who have paid Membership Fees for 12 consecutive months will become a Director in the Club and earn 3 Movie Credits per month. Active Members who receive periodic Director’s Cuts and who have paid Membership Fees for 24 consecutive months under the same account will become a Producer in the Club and earn 4 Movie Credits per month. Active Members who reach the Director or Producer level are also eligible for special promotions through the Club. LIMITED LICENSE: You understand and agree that Your Club Membership includes a non-exclusive limited license allowing You access to the Members Only Area of the Club for Your personal, non-commercial use. Further, You understand that said license is non-transferable, either permanently or temporarily, under any circumstances and that said license may by revoked by the Club at any time without notice. SHIPPING: You understand that the Club sends all shipments using the most cost-effective method taking into account the Club’s experience with delivery times given a Member’s geographic location relative to the Club’s warehouse facilities. This policy allows the Club to maintain its low everyday prices while keeping Members from having to pay excessive shipping charges. Under this policy, the vast majority of Club shipments are delivered within 3-5 business days. However, packages may occasionally take up to 15 business days to be delivered depending upon a number of factors. Therefore, the Club will not consider a shipment to be lost for at least 15 business days after it is shipped. The Club sends all shipments with tracking information that can be referenced by Members through the Order Status section of the Members Only Area of the website. As a Member, You warrant that any shipping address used on any order processed by You through the Club has not been placed on any regulatory or other “do not ship” list that restricts the shipment of materials, including adult materials, to a specific address. Further, if such address does appear on such a list, You have granted a temporary waiver allowing shipments from the Club to said address and have taken all actions necessary to inform the appropriate parties that such shipment is acceptable. Finally, if any penalties, fees, or other expenses (including lawyers’ fees) arise as a result of such shipment, You agree to reimburse the Club for any actual costs that the Club incurs. COMMUNICATIONS / CONTACT: Many general questions about the Club are addressed on the Help tab in the upper right corner of the Club’s Website. More specific questions can be submitted via e-mail to help@dvdsforabuck.com or by phoning or writing our office at the phone number and address found on every shipment’s packing slip and on the Club’s Website. Please be aware that phone messages are returned between the hours of 9-6 Pacific Standard Time, Monday-Friday. E-mail questions are answered within 24 hours, 7 days a week. If You have not received a response to an e-mail question from us within 24 hours, it is very likely that Your e-mail filter or ISP has blocked the response. In such instances, we may be unable to contact You via e-mail so You should consider phoning or writing with Your question or concern. As a Member, You agree that You will be solely responsible for any liabilities, damages, or consequences of any kind that result from Your communication with, or posting to, the Club’s Websites or Club. This section also applies to any responses, (electronic, telephonic, or otherwise), that the Club may provide in response to Your inquiry. This section also applies to the shipment of any product that You either specifically ordered or authorized under these Terms and Conditions. PAYMENT AUTHORIZATION: As a Member, You authorize the Club and/or any third-party payment processing company employed by the Club to process payments against Your payment method for the following charges: a) the recurring monthly Membership Fee, b) the Bonus Offer, c) periodic Director’s Cuts and Special Shipments, d) any additional retail purchases transacted by You. You agree that the cancellation of Your Membership (either by You or the Club) will not eliminate Your liability to the Club for any such charges made. Further, in the case of a change of ownership in the Club, You extend the authorization granted under this section to any such new owner. REFUNDS / CREDITS: You understand that the Club will only issue refunds in the following circumstances. First month’s Membership Fee and Bonus Offer – The charge for the first month’s Membership Fee and the Bonus Offer will be credited only if the initial Bonus Offer is returned to the Club, unopened, within 10 days of receipt. The first month’s Membership Fee will not be refunded unless the Bonus Offer is returned unopened within 10 days of receipt. Subsequent month’s Membership Fee – The Membership Fee for any month after the first month will be credited if a request for cancellation is received by the Club within 24 hours of the Member’s monthly rebill date and if no shipments of products related to that month’s Movie Credits have been processed. If shipments related to any month’s Movie Credits have been processed, or if more than 24 hours has passed since the Member’s monthly rebill date, then no credit of that month’s Membership Fee will be processed, even if any movies processed using that month’s Movie Credits are subsequently returned unopened. Other Charges / Billing Issues – Other disputes arising due to billing or service issues will be handled on a case-by-case basis depending upon the specific issues involved. However, any requests for credit against charges made for movies require that the unopened product be returned to the Club within 10 days of receipt. Cash refunds will not be offered for defective products. The Club, at its sole discretion, reserves the right to offer Movie Credits or replacement product as compensation for any defective product. PRIVACY POLICY: The Club has a Privacy Policy that is separate from these Terms and Conditions. However, acceptance of these Terms and Conditions presumes Your review and acceptance of the Privacy Policy. The Privacy Policy can be found at http://www.dvdsforabuck.com/privacy.html DISPUTES / ARBITRATION / JURISDICTION: As a Member, You agree to negotiate any disputes that may arise regarding Your Membership. You agree that any such negotiation will occur between Yourself and the management or other representatives of the Club. You understand that it is the Club’s policy to settle disputes through a refund, replacement of merchandise, or the issuance of additional Movie Credits, at the Club’s discretion. You further agree and understand that the Club’s liability for any dispute will be limited, to the fullest extent allowed by law, to the amount of Membership Fee paid in the current billing period plus the total of any additional amounts specifically paid for products purchased above and beyond the Membership Fee. You agree to file all disputes within 30 days of their occurrence and further agree that any such disputes filed outside of this time frame will be considered null and void by the Club and You agree and request that any such claim should be considered null and void by any third party hearing, negotiating, or trying such dispute. You specifically agree that You will file no claims for incidental, punitive, or consequential damages under any circumstances. You agree that if You are unwilling or unable to resolve any Membership related issue directly with the Club’s management or representatives, that You agree to pursue arbitration as Your final recourse for any dispute with the Club. Further, You understand and agree that whenever necessary that this agreement should be interpreted and enforced consistently with the laws of the state of California and that any arbitration proceedings will be filed within the city of Los Angeles, California or the next closest city if arbitration services are not available in Los Angeles, California. ABUSES OF MEMBERSHIP / MEMBERSHIP TERMINATION / LIQUIDATED DAMAGES: As an Active Member, You understand that Your Membership will be terminated immediately and all outstanding Movie Credits will be immediately forfeited if You are found by the Club to be responsible for any Abuses of Membership. As a Cancelled Member, You understand that the Club will hold You responsible for any Abuses of Membership, whether such Abuses of Membership occurred prior to or after Your Membership cancellation. Abuses of Membership may include, but are not limited to: Fraudulent reporting of lost or stolen credit card information. Payment fraud or unsubstantiated chargebacks Sharing or selling of Your password to the Club Fraudulent or excessive claims of lost or stolen shipments Unreasonable or uncivil attempts at resolving disputes The violation of any copyright holder’s rights, or Any other action that the management of the Club determines, in its sole discretion, to be grounds for Membership termination. You agree that if You commit a fraud as defined in a, b, c, or d above that You will pay the Club $25,000 in Liquidated Damages. If incurred by You, this liability for Liquidated Damages does not limit any liability You may have due to breaches of other Club Terms and Conditions. You understand that if Your Membership is terminated as a result of any Abuse of Membership, that You will not receive a refund of any Membership Fees previously paid. You understand that any Abuses of Membership may cause Your account to be placed with a third-party collection agency in order for the Club to recover any monies owed to the Club by You under this Section 19 or any other section of these Terms and Conditions. Your account may be placed into collection whether You are an Active Member or a Cancelled Member. MEMBERSHIP TERMINATION DOES NOT TERMINATE THIS AGREEMENT: You understand and agree that Your rights and responsibilities under these Terms and Conditions will survive even if You cease being an Active Member in the Club. Such survival will continue until such time that none of the Terms and Conditions continue to have any legal or economic effect upon Yourself or the Club or the Membership relationship between You and the Club. RIGHTS RESERVED: You understand that all of the contents of the Club’s Websites, whether found in the Members Only Area or the non-Members Only Area, represent the intellectual property of the Club or others and that We will enforce any violations of the Club’s or Our intellectual property rights, copyrights, or trademarks to the fullest extent of the law. NO WARRANTY: You understand and agree that all services, access, Club Benefits, and content provided to You as a result of Your Membership in the Club or Your access to any portion of the Club’s Websites are provided on an “as-is” basis. Additionally, to the fullest extent provided by law, the Club provides no warranty as to: the availability or quality of any service or product the accuracy of any information contained within the Club’s Websites the accuracy of any description of any product on the Club’s Websites the expectation that the shipment of any product to any Member will contain the items which the Member requested or the expectation that the shipment of any product will not be deemed to be offensive to the Member. Further, to the fullest extent provided by law, the Club will assume no liability for any damage caused to any electronic system, computer, or other device caused, or purported to be caused by any of the Club’s Websites or Club’s products, services, or data. This exclusion extends to any claims of damage caused by defective DVDs or other products ordered or shipped through the Club or the Club’s Websites. INDEMNIFICATION: You indemnify and agree to hold harmless the Club and its owners and affiliates from any claim, damages, costs, or expenses which arise from Your use of the Club’s Websites or the Club that is inconsistent with, or unauthorized by, these Terms and Conditions. Further, You agree to reimburse the Club, its owners or affiliates for any costs incurred (including attorney’s fees) pertaining to any claim arising from Your actions that are inconsistent with, or unauthorized by, these Terms and Conditions. You indemnify and agree to hold harmless the Club and its owners and affiliates from any claim, damages, costs, or expenses which arise from Our release of Your personal information to any third party, whether accidental or intentional. You understand and agree that the Club does not review, edit, or endorse any third-party content that may be accessed via links or advertisements on the Club’s Websites or through advertisements included in shipments from the Club and therefore You indemnify and agree to hold harmless the Club and its owners and affiliates from any claim, damages, costs, or expenses which arise from Your use of or participation in such Third-Party content. SEVERABILITY: If any portion of these Terms and Conditions shall be deemed to be unenforceable or illegal, the remaining Terms and Conditions shall remain in full effect as if the offending provision had not existed. WAIVERS: If any portion of these Terms and Conditions are waived by the Club (either intentionally or unintentionally), the Club reserves all rights to enforce the waived provisions at a later date. Member’s may not modify, edit, or delete any portion of these Terms and Conditions. ENTIRE AGREEMENT: These Terms and Conditions (inclusive of the Terms of Use referenced in section 2 above) represent the entire agreement between Member and the Club.