NOTICE TO POWERPLAY MEMBERS REGARDING CHANGES TO YOUR POWERPLAY MEMBERSHIP
Effective May 21, 2010 (the "Cancellation Date"), we are discontinuing the PowerPlay program. As a result, your PowerPlay Membership Term and all unused PowerPoints will expire on the Cancellation Date. You must return all PowerPlay Rentals to us by the Cancellation Date. If we do not receive all outstanding PowerPlay Rentals by the fifth (5th) day after the Cancellation Date, the rental item(s) are subject to fees under the Account Rules.
SUBSCRIPTION TERMS AND CONDITIONS
Your PowerPlay subscription (“Subscription”) is subject to the following Terms and Conditions. Your Subscription is valid only at the store location where you enrolled and is not transferable. Your Subscription term commences on the date you enroll and is valid with renewals until cancellation by you or us (“Subscription Term”). By subscribing to PowerPlay, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by Hollywood Entertainment Corporation (“Hollywood Video”, “our” “us” or “we”) at any time in its sole discretion. Such modifications will be effective immediately upon your next Renewal Date. The most current version of the Terms and Conditions, which will supersede all earlier versions, can be accessed: (1) on the www.hollywoodvideo.com website (2) in stores or (3) by calling 1-8-SPEAK-TO-US. You agree to review the Terms and Conditions periodically, and your continued use of your Subscription following such modifications will indicate your acceptance of the most recent version of the Terms and Conditions. If you do not agree to any modification of the Terms and Conditions, you must immediately cancel your Subscription as provided below. You must have and maintain a rental membership account; which applies to all dealing between Hollywood Video and its members (the “Membership Rules”) and together with these Terms and Conditions constitutes the entire agreement between you and us with respect to your use of your Subscription. In the event of an inconsistency between these Terms and Conditions and the Membership Rules, these Terms and Conditions shall prevail. If any provision of the Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Terms and Conditions, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. You agree that any controversy, claim, or dispute arising out of or relating in any way to your relationship with us shall be subject to your Membership Rules.
SUBSCRIPTION PLANS
Your Subscription allows you to rent MOVIES and/or GAMES (“PowerPlay Rentals”) by paying the periodic subscription fees applicable to the Subscription plan you choose (“Subscription Fees”). You can rent as many MOVIES and/or GAMES as you choose, up to the limit on outstanding rentals applicable to your Subscription plan. PowerPlay Rentals must be returned to the store where they were originally rented. If you have the maximum number of PowerPlay Rentals allowed by your Subscription plan checked out, no additional PowerPlay Rentals will be allowed until you return one or more of the checked out PowerPlay Rentals.
- You may keep MOVIE Rentals as long as you choose during your Subscription Term, for no charge other than the Subscription Fees.
- You may keep GAME Rentals for the number of days specified at the time of rental (“Initial Game Rental Period”). If the Game(s) are not returned by midnight at the end of the Initial Game Rental Period, you agree to extend the rental for one (1) day additional rental period(s). For each additional rental period, your Subscription account is assessed an Additional Rental Charge (“ARC”).
Unused PowerPlay rental points (“PowerPoints”) will accumulate during the Subscription Term. Unused PowerPoints will expire immediately upon the Cancellation Date of your Subscription. PowerPoints are not redeemable for cash and are not transferable.
PROMOTIONAL OFFERS
Subscription plans may include promotional offers toward the purchase of certain products or services. The frequency, expiration date and specific terms of these promotional offers will vary depending upon your Subscription plan and may be changed by us in our sole discretion. Specific details of promotional offers will be explained in the offer material associated with the promotion.
HOW TO SUBSCRIBE
To subscribe, you must have and maintain a rental membership account and provide a payment method for the Subscription Fees. We accept the following credit cards or check cards: MasterCard, Visa, Discover and American Express (“Payment Card”). If you choose to use a Payment Card as your payment method for your Subscription Fees, you authorize Hollywood Video or its designee to charge your Payment Card the Subscription Fees applicable to your Subscription plan in effect, on each periodic renewal date (“Renewal Date”) of that Subscription plan, until it is canceled. For example, if you enroll on February 10th, your Renewal Date is the 10th of each month, and your Payment Card will be charged for the Subscription Fees on that date each month. If your Renewal Date falls on a date that is not contained a renewal month (for example, if you enrolled on the 31st day of a month), your Payment Card will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the Subscription Fees. You agree to pay the Subscription Fees in accordance with your Payment Card issuer agreement. You also authorize Hollywood Video or its designee to charge your Payment Card for any other charges you may incur associated with your Subscription, including, without limitation, any charges for product not returned at the end of your Subscription Term. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over-the-credit-limit fees.
REFUSAL OF CHARGES TO YOUR PAYMENT CARD
If your Payment Card for any reason will not accept charges for any Subscription Fees, you have five (5) days (the “Grace Period”) from the date that your Payment Card was declined to provide new Payment Card information. If we are able to charge your new Payment Card during the Grace Period, then your Subscription will continue uninterrupted and this new Payment Card will be used to charge the your Subscription Fees until your Subscription is canceled (your original Renewal Date will still apply). If we are unable to charge your Payment Card within the Grace Period, then your Subscription will be indefinitely suspended beginning on the sixth (6th) day from the date your Payment Card was initially declined.
MODIFYING YOUR SUBSCRIPTION.
You may modify your Subscription, i.e., upgrade or downgrade plans, as long as there is no lapse in your Subscription. To modify your Subscription, visit the store location where you enrolled. Subscription upgrades are effective immediately. Subscription downgrades are effective on your next Renewal Date.
CANCELLATION BY YOU
You may cancel your Subscription at the store location where you enrolled or by calling 1-8-SPEAK-TO-US and you will not be charged for any additional renewals. For example, if your anniversary date is the 10th of each month and you cancel your Subscription on August 28th, then you will not be charged on September 10th (for the September 11th – October 10th period) and your Subscription will end on September 10th. There are no refunds for any time period (or portions thereof) already billed or paid for. If you cancel your Subscription, your unused PowerPoints will expire on your Cancellation Date.
CANCELLATION OR CHANGES BY US
Hollywood Video may change any or all aspects of the PowerPlay program, including: (i) the Subscription Fee, (ii) the number or composition of permitted PowerPlay Rentals and/or PowerPoints (iii) the manner in which PowerPoints accumulate, (iii) these Terms and Conditions, and (iv) any other terms and conditions applicable to the PowerPlay program, at any time, and from time to time, without prior notice. Hollywood Video will use reasonable efforts to give prior notice at participating Hollywood Video stores of any changes to the PowerPlay program that will materially affect existing terms and conditions. You agree that, unless you cancel your Subscription prior to the effective date of any change, you will be subject to the new terms and conditions (including, but not limited to, pricing changes) on and after the effective date of such change. Hollywood Video reserves the right at its sole discretion to discontinue the PowerPlay program upon prior notice at participating Hollywood Video store locations.
POWERPLAY RENTALS AT TIME OF CANCELLATION
All outstanding PowerPlay Rentals must be received by us by the end of the Subscription Term (“Cancellation Date”). If we do not receive all outstanding PowerPlay Rentals by the fifth (5th) day after the Cancellation Date, the rental item(s) are subject the fees under the Membership Rules.
PAYMENT AUTHORIZATION
BY SIGNING BELOW YOU AUTHORIZE HOLLYWOOD ENTERTAINMENT CORPORATION OR ITS DESIGNEE TO CHARGE YOUR PAYMENT CARD THE PERIODIC SUBSCRIPTION FEES (PLUS APPLICABLE TAXES) APPLICABLE TO YOUR SUBSCRIPTION, ON EACH PERIODIC RENEWAL DATE, UNTIL YOUR SUBSCRIPTION IS CANCELED. YOU AUTHORIZE HOLLYWOOD ENTERTAINMENT CORPORATION OR ITS DESIGNEE TO CHARGE YOUR PAYMENT CARD FOR OTHER CHARGES YOU MAY INCUR ASSOCIATED WITH YOUR SUBSCRIPTION, INCLUDING, WITHOUT LIMITATION, CHARGES FOR PRODUCT NOT RETURNED AT THE END OF YOUR SUBSCRIPTION TERM. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL FEES CHARGED TO YOUR PAYMENT CARD BY THE ISSUER, BANK, OR FINANCIAL INSTITUTION INCLUDING, BUT NOT LIMITED TO, MEMBERSHIP, OVERDRAFT, INSUFFICIENT FUNDS AND OVER-THE-CREDIT-LIMIT FEES. YOU AUTHORIZE HOLLYWOOD ENTERTAINMENT CORPORATION OR ITS DESIGNEE TO RETAIN YOUR SIGNATURE AND ANY INFORMATION PROVIDED BY YOU ON FILE (WHETHER SUCH INFORMATION RELATES TO YOUR RENTAL MEMBERSHIP ACCOUNT, YOUR SUBSCRIPTION, OR ANY OTHER PAYMENT CARD YOU PROVIDE TO HOLLYWOOD ENTERTAINMENT CORPORATION). YOU AUTHORIZE HOLLYWOOD ENTERTAINMENT CORPORATION AND ITS DESIGNEE TO PREPARE AND SUBMIT CHARGE SLIPS AND/OR ELECTRONIC PAYMENTS USING ANY PAYMENT CARD INFORMATION AND SECONDARY IDENTIFICATION PROVIDED BY YOU IN COLLECTION OF AMOUNTS OWING, INCLUDING AMOUNTS OWING FOR FAILURE TO RETURN MOVIES, DAMAGE TO MOVIES, AND OTHER CHARGES IN CONNECTION WITH ANY RELATED COLLECTION EFFORTS.