|This website ("Site") is provided to you by ClassicFlix.com ("ClassicFlixTM"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. ClassicFlix may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.
We permit you to post reviews and comments in various sections (Announcements, Message Board, Articles, etc.) available on our site. We regularly review the content posted on the site and reserve the right to reject, remove or edit such content at anytime without notice.
Your posts and comments should not contain: vulgar or profane language; illegal, obscene, threatening, defamatory or otherwise objectionable content; phone numbers, mailing or e-mail addresses; misleading information regarding the origin of the content; any material that contains malicious computer code or spam.
By submitting a review or any other content, you acknowledge our right to display your content on our site, or affiliated sites, as we see fit.
Additionally, your User Name should also not be vulgar, crude or profane in any way. Violating any of these conditions may result in expulsion from ClassicFlix.
Accepted Methods of Payment
Visa, Master Card, American Express, Discover for rentals and purchases. Additionally, we accept Check or Money Orders for purchases.
We take your privacy SERIOUSLY and take all measures to protect your personal information. We do not sell or redistribute your information to ANYONE.
What Information Do We Collect?
We only collect information that we need that is related to your order. This includes your:
Credit Card Information
In addition we also collect information on your IP address, browser type, and Refer URL data. We use this data to prevent hacking attempts, help us know what web browsers people are using and to find out where our visitors are coming from in order to improve our marketing efforts.
Security and Storage
Only your order data (billing, shipping, and order contents data) is stored on our server. This information is encrypted using a Secure Sockets Layer before it is transmitted over a web server.
Cookies and Browser Information
Cookies are small files that reside on your computer that allow us to recognize you on your next visit or store your shopping cart contents. We use them only to track this information.
Changes to the Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
Price and Availability
The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
Managing Your Password and Account
You are solely responsible for managing your password and for keeping your password confidential. No one from ClassicFlix will be authorized to provide your password. If you have forgotten your password, go to the Login link, then click on "Password forgotten? Click here." Follow the instructions, and a temporary password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your ClassicFlix.com account or your ClassicFlix membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
Sales Tax Policy
ClassicFlix will charge rental memberships and purchases all applicable state and local taxes for those who reside in California.
Limitation of Liability
In no event shall ClassicFlix, its employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any materials, information, qualification and recommendations appearing on this site; any software, tools, tips, products, or services offered through, contained in or advertised on this site; any link provided on this site; and your account and password, whether or not ClassicFlix has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your right to use this site. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
The ClassicFlix name is a trademark of ClassicFlix.com, Inc. The ClassicFlix website and user interfaces, including but not limited to logos, buttons, headers and graphics constitute trade dress of ClassicFlix.com, Inc.
The materials displayed on or contained within this Site including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, and trademarks are the property of ClassicFlix or their respective owners and are protected by copyright, trademark and other intellectual property laws.
ClassicFlix hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of ClassicFlix. Use of Materials is only permitted with the express written permission of ClassicFlix and/or the respective owner. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the materials.
Changes to Terms and Conditions
ClassicFlix may at any time and at its sole discretion terminate your right to use this Site.
Automatic Monthly Renewal
Your ClassicFlix.com subscription will be automatically renewed on a monthly basis on your Monthly Billing Date. For example, if you sign up as a member on August 2nd, and your first DVDs are shipped out on August 2nd, then on the 2nd of every month, you will be automatically charged your membership subscription. For your convenience, we will charge the monthly fee to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.
Additionally, "stretching" your membership is not allowed. "Stretching" is cancelling your membership while holding on to DVDs for a period after cancellation, then signing back up again. This will cause your membership date to revert back to your previous monthly billing date.
Modifying of ClassicFlix Memberships
You may modify your ClassicFlix ;membership plan, i.e., upgrade, downgrade at any time. To modify your ClassicFlix membership, go to www.ClassicFlix.com, then "My Account", and click "Upgrade/Downgrade my Membership." By modifying your ClassicFlix membership, you are also agreeing and directing ClassicFlix to continue to automatically renew your new ClassicFlix membership on each Monthly Billing Date applicable to the new membership plan, for the applicable membership fee (plus taxes) by charging your Credit Card until your ClassicFlix membership is canceled as provided herein.
The new membership plan will begin on your next Monthly Billing Date. When you modify your ClassicFlix membership, any outstanding ClassicFlix Rentals will automatically transfer to your new ClassicFlix membership. If you've downgraded, you must return any ClassicFlix Rentals that would exceed the new maximum number of ClassicFlix Rentals before you can rent additional DVDs. For example, if you downgrade from a four movie ClassicFlix membership to a three movie ClassicFlix membership plan, and you have four ClassicFlix Rentals checked out, you must return at least two ClassicFlix Rentals before you can rent any additional ClassicFlix Rentals. If you've upgraded, you can add additional ClassicFlix Rentals as of the effective date of your upgrade (your Monthly Billing Date).
For example, if you upgrade from a three movie ClassicFlix membership plan to a four movie ClassicFlix membership plan, and you have three ClassicFlix Rentals checked out, you may check out an additional ClassicFlix Rental on the effective date of your upgrade.
ClassicFlix Rentals at Time of Cancellation or Termination
The rental period for ClassicFlix Rentals is the Membership Term remaining as of the date of rental. All outstanding rentals must be received by ClassicFlix no later than ten (10) days past the end of the Membership Term. For example, if your Membership Term ends on June 5 and on June 4 you receive a ClassicFlix Rental in the mail, that ClassicFlix Rental must be received by ClassicFlix on June 15th to avoid additional charges such as a replacement and/or restocking fee. DVDs cannot be sent out after cancellation and refunds are not given for unplayable DVDs.
Cancellation or Changes to Program by ClassicFlix
ClassicFlix may make changes to the ClassicFlix service, including, without limitation, any promotional offers and free trials or availability and amount of e-coupons at any time, and from time to time, without prior notice. In addition, ClassicFlix may change the ClassicFlix periodic membership fees and the number or composition of permitted rentals from time to time, provided, however, that ClassicFlix will give prior notice via e-mail of any change to the periodic membership fees or price or the number or composition of permitted rentals that will adversely affect you.
You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable ClassicFlix monthly billing rate (plus applicable taxes) on each Monthly Billing Date after the effective date of such change, and you authorize ClassicFlix to charge the new applicable periodic membership fee (plus applicable taxes) to your Payment Method. ClassicFlix reserves the right to suspend or end the ClassicFlix service (including, without limitation, ceasing to offer one or all of ClassicFlix membership plans, promotional offers or free trials) without prior notice, in ClassicFlix sole discretion.
ClassicFlix also reserves the right to suspend or end the ClassicFlix service in certain geographic areas without prior notice, at ClassicFlix's sole discretion.
ClassicFlix may suspend or cancel a ClassicFlix membership account, or otherwise restrict your use of ClassicFlix, at ClassicFlix's sole discretion, with or without cause.
Delivery of Titles in Queue
At ClassicFlix's sole discretion, ClassicFlix determines which DVDs are mailed and in what order. Most of the time this will be titles at or near the top of a members rental queue, but rare or high-demand titles may have long wait time.
Charges for Lost or Damaged DVDs
You are never charged when DVDs are lost by the postal service. However, DVDs not returned due to theft, misplacement or an incorrect address supplied by the customer will be the customer's responsibility. Charges for damaged DVDs only occur if damage is caused by the customer. DVD cost is determined by acquisition cost at the time of replacement.
From time to time, at ClassicFlix's sole discretion, ClassicFlix may offer a free trial period to first-time customers, limit one per household and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be authorized for one month of service plus applicable taxes, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Your trial period begins the day you sign up for ClassicFlix membership, not the day you receive your first ClassicFlix Rentals.
Upon completion of the free trial period, your subscription to ClassicFlix will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your for billing purposes during your Membership Term. Your Payment Method will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD.
You will not receive any notification from ClassicFlix at the expiration of your free trial. Please note the expiration date of your free trial for your records. During the free trial period, you will receive the benefits of ClassicFlix for no charge. Free trial participants may receive as many ClassicFlix rentals as they wish during the free trial. Membership may be cancelled or modified at any time prior to the end of your free trial through the "My Account" link at ClassicFlix. Any plan changes made to your account prior to the end of your free trial will nullify the remaining period of your free trial and you will be charged for the new plan selected. For example, if you are in a free trial for a 1-DVD out-at-a-time plan, but decide to change to a 2-DVDs out-at-a-time plan, your free trial for the 1-out plan will immediately terminate and your credit card will be charged for the 2-out plan. If you cancel your membership prior to the end of your free trial, all ClassicFlix rentals must be received by ClassicFlix no later than ten (10) days past the expiration date of your free trial, or your Payment Method will be charged as explained in "ClassicFlix Rentals at Time of Cancellation or Termination," above.
Credit Card Charges
Your credit card will be charged when you place your order. If for some reason, we are not able to fulfill your order, your credit card will be refunded.
Shipping and Delivery
Orders will ship either by United States Postal Service ("USPS") standard Media Mail, First Class Mail or USPS Priority Mail, depending on the shipping method you select at checkout. Shipping and handling costs are charged per item and are not based on delivery location. If you enter a promotional code for shipping when you check out but elect to use a more expensive shipping option than is covered by the promotional code we will apply the promotional code discount and charge you any remaining balance for shipping and handling costs.
Estimated delivery time once we ship your order is four to five days for items shipped via standard shipping and two to three days for items shipped via Priority shipping. After you have placed your order, we will send you an email confirming your order with an order summary including the items you purchased and a purchase total. We will send you an email when your order ships and let you know when you can expect delivery. If your order is sent in multiple shipments you will receive a separate notification for each shipment. Orders containing multiple items may be shipped from multiple distribution centers. You may receive more than one package for a single order. We cannot ship to multiple addresses for the same order. If you want to ship items to multiple addresses you must place a separate order for each shipping address.
For domestic orders shipped, but not received, refunds may take up to 30 days from date of shipping in order to allow extra time for the Postal Service to deliver the DVD(s). As we cannot track shipments for international orders, we cannot provide refunds for items not delivered so such orders are done at the customer's risk.
How To Return An Item
The item must be in its original condition to be returned. If it was sold to you as new, it must be returned in the original shrink-wrap, unless there is a manufacturer defect. Your must return the item within 30 days of your purchase. Shipping and handling is not refundable. Orders over $100 and customers who repeatedly return items may be subject to a 10% re-stocking fee.
When shipping back to us, use the address below and include a note stating the reason for your return and the original receipt.
PO Box 157
Lincoln, CA 95648
Merchandise that has been worn, used, or altered in any way will not be accepted for return or exchange.
In the rare case that an item goes on back order, we will ship you the part of your order that is in stock. When the item becomes available, we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.