Terms of Service

Acceptance of Terms of Use

These Terms of Use govern your use of the PuritanPicks service and website. By using, visiting, or browsing the PuritanPicks service or website, 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 PuritanPicks service or website.

These Terms of Use are an ongoing contract between you and PuritanPicks and apply to your use of the PuritanPicks service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

PuritanPicks, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the PuritanPicks website. The most current version of the Terms of Use will supersede all previous versions. Your use of the PuritanPicks website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy

Any personally identifying information submitted on the PuritanPicks website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

PuritanPicks is an online subscription rental service providing its members with access to a comprehensive library of motion picture, television and other audio-visual Christian resources ("DVDs"). We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations on the number of DVDs rentable during a month. Under all plans, members select DVDs at our website, receive them on DVD by U.S. mail and return them using prepaid mailers, with no due dates, late fees or shipping charges. After a DVD is returned, we mail the next available DVD.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

Below is a description concerning the operation of our DVD rental service:

• The Number of DVDs You Can Rent
  A large majority of our members rent between 2-11 DVDs per month. We provide a number of different membership plans to accommodate a variety of dvd watching preferences. Click on the "Manage Account" link, located at the top of the pages of the PuritanPicks 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 "Your 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, Delivery and Return of Rented DVDs" below). You may modify your plan in the Change Plan section of "Your Account" if your current plan is not satisfying your dvd watching needs.
• Delivery Speed
  We currently utilize a single distribution center in Brooklyn, NY to send and receive DVDs you have selected to rent through the U.S. Postal Service. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our members are able to receive their DVDs in about two to three business days following our shipment of the requested dvd from the distribution center. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). We will send you an email letting you know when we have received a returned dvd, and we will also send you another email letting you know when we have shipped your next DVD, including the anticipated day of delivery.
• No Due Dates or Late Fees
  Provided you continue to be a paying member of our service, you may keep the DVDs delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You will be required to return the DVDs within 7 days following any cancellation of the service or be subject to charge for unreturned DVDs. Also, you may be charged for DVDs that you lose. As an additional member benefit, we will replace the occasional lost DVD free of charge. However, 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 will notify you that your account has been placed on hold for review 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.
• Your Queue
  DVDs that you select to rent will be placed into your own Queue. You may add DVDs or adjust the Queue at anytime. Click the "Queue" tab to make adjustments, review requested DVDs or to see which DVDs you currently have out. We will determine which DVDs to send you based on the DVDs in your Queue and the priority in which you have listed them. We endeavor to ship to you the DVDs listed highest in your Queue; however when availability is limited, we may ship you DVDs lower on your Queue. At the time a dvd is added to your Queue, we will let you know of its availability. A message indicating availability as "now"; "short wait"; "long wait" or "very long wait" will appear as you have selected a dvd and it will also be stated in your Queue so you can monitor availability. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). Adjustments made to your Queue may not immediately impact your next shipment. In certain instances you may have adjusted your Queue before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.
• 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 dvd. As a result of the operational practices described in this section, we may not always send you the top choices from your Queue, or ship out your next DVD on the same day that we receive one from you. At present, our goal is to ship you the DVDs listed highest in your Queue. 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 dvd. This can occur, for example, when your top choices are not available to you or the number of shipments to be processed by the distribution center on that day has been exceeded. When one or both of these conditions exist, your DVD will likely ship on the next business day. 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 dvd, and (ii) the DVDs 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 our distribution center or when the number of shipments to be processed by the distribution center on that day is exceeded. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent. 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 DVDs 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, including the anticipated day of delivery. 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.

Membership and Billing

You can find the specific details regarding your membership with PuritanPicks at anytime by clicking on the "Your Account" link, located at the top of the pages of the PuritanPicks website.

• Billing
  By starting your PuritanPicks membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the PuritanPicks service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription purchases you make, DVDs you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "Membership Terms and Details" link on the "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and changes 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. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the PuritanPicks website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
• Ongoing Membership
  Your PuritanPicks membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
• Cancellation
  You may cancel your membership to PuritanPicks at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED DVDs. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned discs prior to charging your Payment Method. We reserve the right to terminate your account for any or no reason.

Account Access; Identity Protection

In order to provide you with ease of access to your account, PuritanPicks will place a cookie (a small text file) on any computer from which you access the PuritanPicks website. When you revisit the PuritanPicks 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. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the PuritanPicks website.

If you find that you're a victim of identity theft and it involves a PuritanPicks account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. PuritanPicks reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. PuritanPicks is not obligated to credit or discount a membership for holds placed on the account by either a representative of PuritanPicks or by the automated processes of PuritanPicks.

Disclaimers of Warranties and Limitations on Liability

THE PuritanPicks SERVICE, INCLUDING ALL DVDS, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PuritanPicks SERVICE, THE WEBSITE AND ITS CONTENTS. PuritanPicks DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PuritanPicks SERVICE, INCLUDING SHIPMENT OF DVDS AND USE OF OUR WATCH INSTANTLY FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PuritanPicks MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PuritanPicks SERVICE, INCLUDING ANY ASPECT OF THE PuritanPicks SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the PuritanPicks service; (ii) errors or omissions in the content (including DVDs) delivered by the PuritanPicks service or on the PuritanPicks website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the PuritanPicks service and/or website; (vi) delivery and or display of any content contained on the PuritanPicks website or through the PuritanPicks service, including any DVDs via our watch instantly functionality or DVDs; and (vii) any losses or damages arising from the use of the content provided on the PuritanPicks website or the PuritanPicks service itself. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, 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. We do not make any representations with respect to the content contained on DVDs from the PuritanPicks service or the descriptions of any dvd content contained on our website. We do not represent or guarantee that your use of the PuritanPicks service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon PuritanPicks or its affiliated parties.

In no event shall PuritanPicks, Inc., its shareholders, directors, officers, or employees 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 resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, 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 the PuritanPicks website, its contents or the PuritanPicks service, including any DVDs, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the PuritanPicks service, including any DVDs, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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

* Copyright
All content included on the PuritanPicks website and delivered to members as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of PuritanPicks, Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of PuritanPicks, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from PuritanPicks, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the PuritanPicks website, not to insert any code or product or manipulate the content of the PuritanPicks website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. PuritanPicks reserves the right to terminate your membership hereunder if PuritanPicks, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us or other unauthorized use of our proprietary content. PuritanPicks does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of the PuritanPicks service, including DVDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the PuritanPicks website.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.

Your Conduct on the PuritanPicks Website

By accessing the PuritanPicks website, you agree to use the PuritanPicks service, including all DVDs and features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, 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 or hardware or telecommunications equipment associated with the PuritanPicks website. You also agree not to interfere with the servers or networks connected to the PuritanPicks website or to violate any of the procedures, policies or regulations of networks connected to the PuritanPicks website. You also agree not to impersonate any other person while using the PuritanPicks website, conduct yourself in a vulgar or offensive manner while using our service, or use the PuritanPicks website for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to become a member of the PuritanPicks service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While PuritanPicks does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, our DVD rental service and the content on the PuritanPicks website are for your personal and non-commercial use and we grant you a limited license to access the PuritanPicks website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of 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 PuritanPicks website without our express written consent. PuritanPicks does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. Any unauthorized use of the PuritanPicks website or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks on the PuritanPicks website may lead to other websites that are not controlled by, or affiliated with, PuritanPicks, Inc. In addition, other websites may link to the PuritanPicks website. PuritanPicks has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Gifts

We offer for sale on the PuritanPicks website various Gift Subscriptions redeemable for the PuritanPicks service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Purchase" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.