Terms and Conditions

StarFlix DVD Kiosk - RENTAL AGREEMENT

This kiosk (an 'StarFlix DVD Kiosk') is owned by and/or operated on behalf of StarFlix DVD ('StarFlix DVD', 'we', 'us'). By using an StarFlix DVD Kiosk to rent a DVD or another pre-recorded device (each a 'Product'), you are accepting and agreeing to be bound by the terms of this StarFlix DVD Kiosk Rental Agreement (the 'Rental Agreement'). Please read the Rental Agreement carefully, as it is a binding contract between you and us. If you do not agree to the terms of the Rental Agreement, you must not use the StarFlix DVD Kiosk.

1. Your Representations and Warranties. By renting a Product through use of this StarFlix DVD Kiosk, you are representing and warranting to us that:

(a) You are 18 years of age or over and able to form legally binding contracts;

(b) The credit card you use to rent the Product(s) (the 'Credit Card') is issued to a credit card service provider authorized by us, is issued to you or you are authorized to use it to rent the Product(s) and to bind the cardholder to this Rental Agreement, and you are authorizing us to charge applicable charges to the Credit Card;

(c) The Credit Card is valid and has sufficient available credit to meet the charges set out in this Rental Agreement, and you will pay all charges and liabilities you incur under and in accordance with this Rental Agreement; and

(d) You will comply with the terms of this Rental Agreement.

2. Product Rentals. Up to three (3) Products at a time may be rented by following the directions on the screen of the StarFlix DVD Kiosk. Payment of the applicable initial rental fee for each Product entitles you to retain and remain in possession of the rented Product for the initial rental period stated on the screen of the StarFlix DVD Kiosk at the time of rental (the 'Initial Rental Period'). Unless stated otherwise on the StarFlix DVD Kiosk screen when you rent the Product, the Initial Rental Period is one day.

3. Charges: The rental fee rate for the Initial Rental Period will be that rate set forth on the screen when you rent the Product (the 'Initial Rental Period Fee'), plus tax. The extra day fees for the Product will also be set forth on the screen when you first rent the Product (the 'Extra Day Fee'), plus tax. The Initial Rental Period Fee, plus tax, will be charged to your Credit Card at the time you rent the Product. For each night after the completion of the Initial Rental Period that you keep a Product, you will incur one Extra Day Fee per Product, plus tax. Extra Day Fees are incurred each day at the Return By time displayed on the kiosk screen when receiving your disk (local time of the StarFlix DVD Kiosk where the initial rental took place), commencing on the evening of the first day after completion of the Initial Rental Period. Extra Day Fees, plus tax, may be charged to your credit card periodically while you are in possession of the Product, and all outstanding balances are charged to your Credit Card when you return the Product. One Extra Day Fee for each product rented, plus tax, will be charged to your Credit Card for each additional day after the completion of the Initial Rental Period that the Product was not returned to a participating StarFlix DVD Kiosk, subject to the conditions below.

If the Product is not returned to an StarFlix DVD Kiosk before the total charges on the Product (including the Initial Day Fee and Extra Day Fees) reaches 30 Dollars , your card will be charged Thirty Dollars ($30) (less the paid Initial Rental Period Fee and any already collected Extra Day Fees), (the 'Maximum Charge'), plus tax, and no further charges will be applied for that particular copy of the Product. All limitations on use of the Product will continue to apply.

Some products may be offered for purchase.If you choose to purchase the Product, you will be charged the published amount for the Product and ownership of that copy of the Product will transfer to you. Please note that if you purchase the Product, you will be the owner of the particular copy of the Product, but not of the intellectual property rights in the content, and the restrictions on use set forth in Paragraph 8 (Limited Permitted Use of Product(s)) below will continue to apply. If you purchase a Product, you acknowledge that the Product is Used. In the event the Product is defective, you may contact us as set forth in Paragraph Six within 96 hours and we will, at our option, accept a Return or Replace the Product at one of our kiosk locations. After 96 hours, the purchased Product is not returnable and the purchase is final. Except as required by law, we will not accept any returns of Products purchased from the StarFlix DVD Kiosks.

When you rent a Product, we will seek authorization from your Credit Card company for the Initial Rental Period Fee or Purchase fee as applicable, plus tax, for the Product. If authorization is received, the actual charge to your card account at the time of the rental will be just for the Initial Rental Period Fee, plus tax. If you opted to Purchase the Product, the actual charge to your account will be the Purchase Fee plus tax. By renting or Purchasing a Product, you are authorizing us to charge your Credit Card all Initial Rental Period Fees or Purchase Fees as applicable, Extra Day Fees, and Maximum Charges, plus tax, that you may incur in using our StarFlix DVD Kiosks. You agree to provide us with an alternate, valid payment card if any charges are declined for any reason. You agree that we have the right to continue collection attempts against your account until outstanding charges are paid in full. If your card is declined you may be blocked from future use of our system.

4. Returns: Returns can be made by returning the Product to any participating StarFlix DVD Kiosk at any participating StarFlix DVD Kiosk location. Instructions for returning a Product are shown on the screen of the StarFlix DVD Kiosk. In the event that a kiosk will not accept your return, you must contact Customer Service at 787-774-7552 promptly in order to stop ongoing charges.

5. Liability for Loss: Unless you notify us as set forth in Paragraph 6 of receipt of a damaged or defective Product, each Product shall be deemed to have been delivered to and received by you in good condition at the time you rent it. You are responsible for any loss of or damage to any Product rented by you from the time that the Product is dispensed until it is returned to any StarFlix DVD Kiosk and we may charge your Credit Card up to the Maximum Charge (less the Initial Rental Period Fee), plus tax, for any Product that is lost or damaged before it is returned to a participating StarFlix DVD Kiosk.

6. Damaged or Defective Product: Should any Product be defective at the time that it is rented by you, please contact our Customer Service department at 787-774-7552 promptly to report the defective or damaged Product. If we find that the Product was defective or damaged and not due to your fault, we will refund the Initial Rental Period Fee to your Credit Card or provide a promo code for one or more replacement rentals, at our discretion.

7. Privacy: When you use this StarFlix DVD Kiosk, we will collect and gather certain information, including information by which you may be identified ('Personal Information'). Your Personal Information may include your Credit Card and billing information, and such other information that you provide to us. We (and service providers assisting us) will hold and use this information for the purpose of administering the StarFlix DVD Kiosks, renting the Products to you, charging (and refunding) your Credit Card for your rental or purchase, responding to your requests and communicating with you about your use of our products and services, securing payment, operating and improving the StarFlix DVD Kiosks and our related business, enforcing our rights under this Rental Agreement, aggregating your information with that of others, complying with the law and legal obligations, cooperating with law enforcement investigations or investigations with respect to public safety, and protecting the safety and security of the StarFlix DVD Kiosks, systems, the Products and our customers. If you provide to us an email address, we may also use it to send you information about offers, discounts and specials in which we think you might be interested (until you opt out of receipt of such emails). You have the right to access and request the correction of any Personal Information we hold about you and you may do so by contacting our Customer Service department at 787-774-7552. You may also opt out of receiving any promotional emails from us by contacting our Customer Service department at 787-774-7552 and providing them with sufficient information to carry out your opt out request. We may share your information, including your Personal Information, with our service providers for the sole purpose of assisting us in carrying out the forStarFlix DVDing services and tasks. We do not share your Personal Information with third parties to permit them to market directly to you. In the event of an assignment, sale, merger or other event pursuant to which ownership of StarFlix DVD or the StarFlix DVD Kiosk portion of our business changes, we may share and transfer your information to such successor or assignee or new owner, who will have the right to use and disclose your information as we did, including subject to the same restrictions that are imposed on us. We may change our privacy provisions, but unless you agree otherwise, the new provisions will only apply to information you provide after the effective date of the new provisions. The provisions of this paragraph detailing what information we collect and how we use and disclose it only governs information we gather from you through your use of the Kiosk and it does not apply to information we may gather from other sources, such as through myStarFlix DVD.com, in person, through telephone calls, through emails or the mail or otherwise.

8. Limited Permitted Use of Products. By renting or purchasing a Product, you are securing a limited, terminable, non- exclusive license to view the Product in your home. All rights in the Product content are reserved by the Product content owners. You agree with respect to any Product that you rent or purchase from an StarFlix DVD Kiosk:

(a) To use the Product for home viewing purposes only;

(b) To comply with any additional limitations specified on or in the Product;

(c) Not to infringe any intellectual property rights in the Product, including, without limitation, by copying, republishing, broadcasting, transmitting, distributing, storing (including, without limitation, in electronic form) or modifying any part of the Product, whether in text, graphical, audio, video, or executable form; and

(d) Not to allow any Product that has been given a restricted ('R', 'NC17, or unrated) classification by the Motion Picture Association of America to be viewed by a person or persons below the age specified in the classification without the approval and accompaniment of their parent or guardian.

9. Restricting your use. We reserve the right to terminate and/or restrict your access and use of our StarFlix DVD Kiosks at any time, with or without cause. Your obligations under this Rental Agreement shall remain unaffected with respect to any prior use you have made of our StarFlix DVD Kiosks or the Products.

10. Your Indemnity: You hereby agree to indemnify and hold harmless StarFlix DVD and its Affiliates and each of their respective officers, directors, agents, employees, contractors, consultants, successors and assigns (the 'Indemnified Parties') from any loss, costs, expenses, demands or liabilities, whether direct or indirect, incurred by any of the Indemnified Parties and arising out of any breach by you of this Rental Agreement or otherwise relating to your use or misuse of the StarFlix DVD Kiosk or your rental, purchase, use or misuse of any Product(s), including, without limitation, any loss or damage to any Product or StarFlix DVD Kiosk. We shall have the right to defend and settle any claim against any of the Indemnified Parties with counsel of our own selection. You agree to cooperate as fully as reasonably possible in the defense thereof. For purposes of this Rental Agreement, our 'Affiliate' is any company that controls, is controlled by, or under common control with, us.

11. Disclaimer and Limitation of Liability: THE StarFlix DVD KioskS, THE PRODUCTS, AND OUR GOODS AND SERVICES, ARE PROVIDED AND MADE AVAILABLE 'AS IS', 'WITH ALL FAULTS', AND ON AN 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WITH RESPECT TO THE StarFlix DVD KioskS, THE PRODUCTS AND OUR GOODS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT, ARE ALL HEREBY EXPRESSLY DISCLAIMED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, OUR AFFILIATES NOR ANY OF OUR OR OUR AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR YOUR USE OF THE StarFlix DVD KioskS, THE PRODUCTS, OUR GOODS OR SERVICES, WHETHER ARISING UNDER CONTRACT, TORT, EQUITY, BREACH OF STATUTORY DUTY, OR OTHERWISE, INCLUDING DUE TO OUR OR THEIR NEGLIGENCE. WE DO NOT WARRANT AND DO HEREBY EXPRESSLY DISCLAIM ANY WARRANTY OR COMMITMENT REGARDING THE CONTENT OF THE PRODUCTS, OR THAT THE StarFlix DVD KioskS WILL BE READILY AVAILABLE AND OPERATIVE, WILL NOT BE DELAYED OR THEIR USE INTERRUPTED, OR THAT THE PRODUCTS OR PARTICULAR PRODUCTS WILL BE AVAILABLE OR PROPERLY LABELED OR FREE OF DEFECTS OR ERRORS, OR THAT THE PRODUCTS WILL NOT HARM YOUR VIEWING SYSTEMS.

NEITHER WE, OUR AFFILIATES, NOR ANY OF OUR OR OUR AFFILIATES' OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF YOUR USE OF THE StarFlix DVD KioskS, THE PRODUCTS, OR OUR GOODS OR SERVICES, EVEN IF WE OR THEY HAVE BEEN ADVISED AS TO THE POSSIBILITY THEREOF. IN CONNECTION WITH ANY CLAIM FROM YOU OR ON YOUR BEHALF, THE MAXIMUM LIABILITY OF StarFlix DVD, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SUCCESSORS AND ASSIGNS, IS THE AMOUNT OF YOUR INITIAL RENTAL FEE FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING FOR NEGLIGENCE, AND IN SUCH JURISDICTIONS THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

12. Governing Law and Venue. This Rental Agreement will be governed by the laws of the State of Florida without application of its conflicts of laws principles and, where applicable, the laws of the United States. In the event of any dispute between you or any of the Indemnified Parties arising out of this Rental Agreement or the Products, you and we hereby agree that such dispute shall be brought only in the state and federal courts of the State of Florida located in Duval County, Florida (and their appellate courts) having jurisdiction thereof, and you and we hereby consent to the jurisdiction of such courts and hereby waive any objection to such jurisdiction based on inconvenient forum or lack of personal jurisdiction.

13. Ownership. All rights in the StarFlix DVD Kiosks and the Products are owned by us or our licensors or suppliers or their suppliers. 'StarFlix DVD' and 'StarFlix DVD' are service marks of StarFlix DVD.

14. Interest and Collection Costs. You agree to pay any reasonable collection fees and costs we incur in collecting payment due from you, and you agree that we may charge interest on amounts that are unpaid at the highest rate permitted by applicable law from the date the amount to be paid was first due.

15. General.

(a) We may assign our rights under this Rental Agreement at any time.

(b) Our failure to enforce the provisions of this Rental Agreement will not constitute a waiver of any of our rights under this Rental Agreement.

(c) This Rental Agreement is the entire agreement between us governing your use of the StarFlix DVD Kiosks and supercedes any prior agreement between us regarding your use of the StarFlix DVD Kiosks.

(d) If any provision of this Rental Agreement is held to be invalid or unenforceable, such provision shall be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Rental Agreement shall remain in effect.

16. StarFlix DVD Kiosk Closures. We reserve the right at any time to cease to provide one or a number or all StarFlix DVD Kiosks. If a particular StarFlix DVD Kiosk from which you obtained a Product has been removed or deactivated before you had an opportunity to return it, you may call our Customer Service department at 787-774-7552 and that office will instruct you as to alternative methods of return.

17. Modifying this Agreement. We may modify this Rental Agreement at any time without notice to you, and such modification shall be applicable to any use made of the StarFlix DVD Kiosk on which such modified Rental Agreement appears. Therefore you should check this Rental Agreement carefully each time you use our StarFlix DVD Kiosks to be sure you are comfortable with its then-current version. Note that the date the Rental Agreement was last updated/effective will appear at the end of the Rental Agreement.

18. Customer Service and Contact Information. If you encounter any difficulties using this StarFlix DVD Kiosk or have any questions about use of this StarFlix DVD Kiosks, please call Customer Service department at 787-774-7552. In addition, you may write to us at: info@starflixpr.com.

Effective Date of this Rental Agreement: August 25, 2011

(c) StarFlix DVD. 2011 All Rights Reserved.

STEP 1: Choose a kiosk location

STEP 2: Choose Movies or Games

You must use a Kiosk once, in order to be able to rent on line. You will be sent a personalised link so that you can enjoy the convenience of online rentals.