Congratulations on joining the Tai Seng DVD Club! You will enjoy new top quality program selections from Tai Seng on a weekly basis. This subscription agreement explains the terms and conditions that apply to your use of the Tai Seng DVD Club (“Tai Seng DVD Club”) and constitutes a legally binding agreement between you and U2 Home Entertainment, Inc., dba Tai Seng (“Tai Seng”). By using the Tai Seng DVD Club, you agree to all the terms and conditions in this agreement which together with your Tai Seng Subscription Order Form shall constitute the agreement (“Agreement”) between you and Tai Seng.
1. The Tai Seng DVD Club. The Tai Seng DVD Club consists of a DVD subscription program whereby you will receive 3-4 DVDs weekly consisting of a four (4) to eight (8) episodes each of the latest release of TVB and Tai Seng Programs mailed directly to your home. Watch them anytime you like and there is no need to return the DVDs to us. You will receive your 3-4 DVDs every week via First Class USPS.
2. Terms of Service. The enrollment and use of the Tai Seng DVD Club is subject to the terms and conditions of this Agreement. Tai Seng may at its discretion change the terms of this Agreement at any time. Such changes shall be effective upon notification by Tai Seng. We encourage you to check www.taiseng.com or call Tai Seng Customer Service at 1-800-888-3836 for a copy of the current Tai Seng DVD Club Subscription Agreement.
3. Eligible Subscribers. You must be a U.S. resident with a U.S. address location to subscribe to the Tai Seng DVD Club. You must be at least 18 years of age and competent to assume the responsibilities of this Agreement. Minors may use the Tai Seng DVD Club only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor’s use of the Tai Seng DVD Club.
4. Subscriber Fees. At the time of your enrollment, you have a choice of selecting the “Monthly Plan” at the regular monthly rate, with the right to cancel any time, or of selecting the “Annual Plan” by paying a reduced monthly rate for an annual subscription. By starting the Tai Seng Club subscription, you are expressly agreeing that we are authorized to charge you either a monthly subscription fee at the regular monthly rate or a reduced monthly rate for a full twelve months, depending on your selection in the Tai Seng Subscription Order Form, as well as all applicable taxes, whether local, state, provincial or federal. Your fees will cover the Tai Seng DVD Club and will include postage for sending the weekly discs. In order to apply, you must provide a valid credit card for issuance of the monthly fees. If you select the Annual Plan, at the end of twelve months, you will automatically be switched to a month to month plan, unless you agree to renew your subscription to the Annual Plan for an additional year.
5. Cancellation of Service. If you sign up for the Monthly Plan, you may easily cancel your DVD Club subscription anytime online, 24 hours a day or call our toll free number at 1-800-888-3836, 9:00 a.m. to 6:00 p.m. P.S.T., Monday through Friday. There are no cancellation fees. To avoid being charged for a calendar month, simply cancel your account before the 1st of the month. There are no refunds for a partial month’s cancellation on or before the 1st of the month.
If you select the Annual Plan, you agree to commit to a 12-month subscription and receive savings by paying a reduced monthly rate in exchange for agreeing to subscribe for a full year. If you decide to cancel at any time before your annual subscription ends, you will be charged a cancellation fee of $60.
6. Changes to the Tai Seng DVD Club. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Tai Seng DVD Club. Any description of how the Tai Seng DVD Club works should not be considered a representation or obligation with respect to how the Tai Seng DVD Club will always work. We are constantly making adjustments to the Tai Seng DVD Club and often these adjustments are not completely captured within these Terms of Use.
7. Disclaimers of Warranties and Limitations on Liability. THE TAI SENG DVD CLUB, INCLUDING ALL DVDS, 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 TAI SENG DVD CLUB AND ITS CONTENTS. TAI SENG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TAI SENG DVD CLUB, INCLUDING SHIPMENT OF DVDS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT TAI SENG MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE TAI SENG DVD CLUB 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 Tai Seng DVD Club, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content (including DVDs) delivered by the Tai Seng DVD Club or on the Tai Seng 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 Tai Seng DVD Club and/or website; (vi) delivery and or display of any content contained on the Tai Seng website or through the Tai Seng DVD Club or DVDs; and (vii) any losses or damages arising from the use of the content provided on the Tai Seng website or the Tai Seng DVD Club 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 movies from the Tai Seng DVD Club or the descriptions of any movie or drama content contained on our website. We do not represent or guarantee that your use of the Tai Seng DVD Club 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 Tai Seng or its affiliated parties. In no event shall Tai Seng, 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 Tai Seng website, its contents or the Tai Seng DVD Club, including any DVDs. 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 Tai Seng DVD Club, including any DVDs (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription 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.
8. Intellectual Property. The DVDs that Tai Seng sends to you contain text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations, and software that are the property of Tai Seng or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content is the exclusive property of Tai Seng and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Tai Seng or its suppliers. Tai Seng reserves the right to terminate your subscription hereunder if Tai Seng, 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, the unauthorized use of our use of our proprietary content. Tai Seng does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of the Tai Seng DVD Club, including DVDs rented to you by us is solely for your personal and non-commercial use. By signing up for the Tai Seng DVD Club, you hereby agree not to resell or redistribute the Tai Seng DVDs.
9. Termination of Service. Notwithstanding anything to the contrary in this Agreement, Tai Seng retains the absolute right to immediately suspend or terminate your use of the Tai Seng DVD Club, and terminate this Agreement, if you breach any provision in this Agreement, if you misuse the Tai Seng DVD Club, and/or if you use the Tai Seng DVD Club in such a manner as to infringe upon the intellectual property rights of Tai Seng or any third party. In addition, Tai Seng reserves the right to terminate your use of the Tai Seng DVD Club and this Agreement for any other reason or no reason if Tai Seng gives you at least 30 days advance notice of such termination.
10. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Tai Seng FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST THE TAI SENG DVD CLUB, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT OR YOUR MISUSE OF THE TAI SENG DVD CLUB.
11. Tai Seng’s Privacy Policy. You must provide us with accurate and complete information when you sign up for the Tai Seng DVD Club. Tai Seng reserves the right to terminate your account if you give Tai Seng inaccurate or incomplete information. Tai Seng respects the privacy of your User Information (as defined in Tai Seng’s Privacy Policy) and will not disclose any of your User Information except as permitted in Tai Seng’s Privacy Policy. A copy of Tai Seng’s Privacy Policy is included at our website at www.Tai Seng.com. Please read it carefully before using the Tai Seng DVD Club. By using the Tai Seng DVD Club, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options Tai Seng provides to you with regard to your information. Tai Seng will notify you of any substantial and material changes to the Privacy Policy and the latest Privacy Policy can always be accessed through our web site at www.Tai Seng.com.
12. Miscellaneous. All dollar amounts stated in this Agreement shall be in United States legal tender. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and Tai Seng agree to submit to the exclusive personal jurisdiction of the courts located within the county of San Francisco, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document represents the entire agreement governing your use of the Tai Seng DVD Club and supersedes any prior or contemporaneous written or oral statements by Tai Seng or its representatives or resellers. Tai Seng’s failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of Tai Seng’s right to do so at any time.
BY USING THE TAI SENG DVD CLUB, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
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