GIDDYUPFLIX TERMS OF USE



These Terms and Conditions are a legal binding Agreement between you and GiddyUpFlix. Please read them carefully. This website is provided to you by GiddyUpFlix. Your access to and use of this Site and service is subject to these Terms and Conditions. By accessing this Site and/or using this service, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not access this Site.

AGE:
User must be 18 years of age or older to receive a membership and become a User or to purchase any training material. By agreeing to the Terms of Use, you certify that you are 18 years old or older. You may, however, allow your children to select DVDs for rental, so long as you agree to be responsible for their actions and bound by these Terms and Conditions with respect to your children.

PRIVACY POLICY:
GiddyUpFlix.com will not sell, share, or rent any User information to other organizations in ways different from what is disclosed in this statement. User information includes but is not limited to: e-mail addresses, phone numbers, or mailing addresses provided to GiddyUpFlix.com. This information is only for use internally. We use the personal information you provide for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers, and providing you with information from and about GiddyUpFlix.com.

CARE OF RENTAL MERCHANDISE:
As you might be aware, horse training DVDs are pretty expensive and cost a lot more than your general Hollywood movie DVDs. You agree to treat the DVDs (and any accompanying packaging or instructions) appropriately, giving them the care you would give to your beloved horse. When not in use, always keep the disc stored in the paper sleeve envelope that it arrived in to avoid scratches. If there are fingerprints or smudges you feel affect the playback of the DVD, CAREFULLY wipe the disc with a clean, SCRATCH-FREE cloth (such as a lens cloth). Never leave a DVD in extreme hot or cold temperatures. Always grasp a DVD disc by the top or sides and avoid touching the bottom of the DVD. All DVDs MUST be returned in original packaging. The packaging is there for a reason, to prevent the DVD from scratches and breakage during transit.

DVD RENTAL RETURN POLICY:
All DVDs MUST be returned in their original packaging. We either ship a DVD in a Tyvek sleeve (which is a special scratch-free resistant paper) or a plastic case. These packaging materials MUST be returned with the DVD. Please do not return a DVD directly in the mailer with no protection. DVDs scratch very easily, especially when jostled around in the USPS mail system. If you ship a DVD back without the packaging and it arrives broken or scratched beyond repair because you neglected to include the required packaging, you will be billed for the replacement value of that DVD. Thanks for your adherence and understanding.

MEMBERSHIP BILLING AND MEMBER REQUIREMENTS:
You are billed on the day you sign up and every 30 days afterwards until you cancel. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. When you sign up to become a GiddyUpFlix member, you are expressly agreeing that we are authorized to charge you a monthly subscription fee and any applicable sales tax. You agree to always have a valid credit card on file while you are an active member. You are an active member until all DVDs are returned back to us. This means if the card you have provided cannot be processed for various reasons (expired, lost, stolen, funding issues), you agree to update your credit card via My Account on our secured server with a valid billing card within 7 days of notification or all DVDs must be promptly shipped back to us and received by us within 10 days. You authorize us to charge you for replacement retail value of the DVD for any DVDs you lose or damage or any unreturned DVDs if you decide to cancel your membership or if you fail to update your billing in a timely manner.(see Membership Billing Declines and Requirements directly below).

MEMBERSHIP BILLING DECLINES AND REQUIREMENTS:
If your billing card card is declined, we will attempt to process the card again in 1 week. If the card is declined a second time, we will contact you via email and notify you that your card has been declined and that you have 7 days to update your billing card via My Account on our Secured Server. If you cannot or are unwilling to update your billing card, all DVD rentals must be received back to us within 10 days. It is important that you respond to all email communication. We also may contact you by the phone number we have on record. You agree to ensure that your member contact information is always current via your Member Profile. If you fail to respond to any of our communication attempts via the timeframes we provide, we will take more formal action (collections/litigation) to recur our merchandise or replacement value. If you have a DVD disc that is part of a set, that means you are responsible for the retail replacement value of the entire DVD set as we cannot purchase a single disc in a set to replace it. Please note that keeping our merchandise and failing to return it is the same as stealing. We do not take these issues lightly due to the expense of our DVDs and please note by consenting to our terms and conditions, you are consenting to a legal and binding rental policy between you and GiddyUpFlix.

CHANGES IN MEMBERSHIP PLANS:
Members may change plans at any time by clicking on the "My Account" button and then clicking on the "Upgrade/Downgrade Subscription" link. "Upgrades" in plans are automatically processed and DVDs will ship the next business day. The members will be immediately billed for the difference of the Upgrade plan. "Downgrades" in plans will take affect as soon as the discs are received back by us to justify the difference in the downgrade plan. (for example, if you downgrade from 4 to 2 discs, 2 discs must be received back to us before your plan is downgraded to the 2 disc plan. Again, no refunds for partial months of use will be credited. Future billing cycles will be billed at the new rate. So please be aware of your billing date and keep this in mind when upgrading or downgrading a rental plan.

MEMBER CANCELLATIONS:
Members may cancel their subscription at any time by logging onto clicking on the "My Account" button and then clicking on "Cancel Subscription" link. Please note that there are no refunds or credits for partial periods or unused rental program periods. If you cancel and still have DVD titles out, you will still get billed if they are not returned before your next billing cycle. A DVD is still considered "rented out" until it is returned back since we cannot rent it to other members.

RENTAL PERIOD:
There are NO LATE FEES for DVD rentals and there is NO TIME LIMIT to how long you keep the DVDs in your possession when you rent from GiddyUpFlix! This applies as long as your Membership is "Active" and in good standing, (which means that your billing is current.)

DVD RENTAL PROBLEMS OR ISSUES:
Any DVD rental related issues MUST be filed be using the "Report a Problem" link located at the top of your queue. We ship and receive many DVDs on a daily basis. These issues must be streamlined in our online rental system. This pertains to DVD issues such as: DVDs that won't play, DVDs that skip/stutter, If you lost the return mailer, If you broke or damaged the DVD, If you have not received the DVD or we have not received the DVD back. **Please note that non-received DVD issues should not be filed until a minimum of 7 days from when the DVD was shipped. It is up to you to file the problem report to notify us of these issues. Because there are no time limitations on rentals, we are not privy to mail transit issues, so communication is key.

DAMAGE TO MERCHANDISE:
If a DVD is returned damaged or destroyed (for example, if your horse ate it or your kid's broke it), including because it was lost, damaged or destroyed in transit because you did not properly secure the package or ship the DVD back in it's accompanying packaging (which would either be a hard case or scratch-resistant paper Tyvek sleeve), you will pay for the replacement cost which will be the full retail value of the DVD title (including taxes and shipping), and you authorize us to charge your credit card account for that cost. We do not charge our members for postal damage. However, if you fail to ship the DVD back in it's original packaging and the DVD is damaged beyond repair because of this, you will be charged the replacement retail value. So PLEASE ship the DVDs back in the packaging it came in.

TERMINATION OF USAGE:
GiddyUpFlix may terminate User access, or suspend any User's access to all or part of GiddyUpFlix, without notice, for any conduct that GiddyUpFlix, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or GiddyUpFlix. The Privacy Policy and any payment obligations, all survive the termination.

VIDEOS COPYRIGHTS:
GiddyUpFlix owns only lawfully made (i.e., non-infringing) copies of the audiovisual works that it rents. However we do not own the copyrights. You agree to abide by the copyright owner's copyrights, and will not play publicly or copy any of the videos, or any portion of the videos and you agree that the videos owned by GiddyUpFlix and rented to you for your own purpose will not be used for commercial purpose of any kind.

WEB SITE COPYRIGHTS:
All web site design, text, graphics, the selection and arrangement thereof, are Copyright ©-2011, GiddyUpFlix. ALL RIGHTS RESERVED. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of GiddyUpFlix is strictly prohibited.

DISCLAIMERS:

YOU ASSUME FULL RESPONSIBILITY for how you handle your newfound training or knowledge. This means that if you follow a video's instructions and you get bit by a horse, break any bones or injure yourself in any way, you cannot and will not sue GiddyUpFlix, even if the instructions on the video were bad and caused you to do so. Take it up with the video publisher, horse trainer or your spouse, it you want to, but you agree to leave us out of it. In more legal terms: By using this website and/or renting or purchasing videos from through this website: 1. You agree to assume all risks and to hold harmless GiddyUpFlix, its employees and its owners for any injury or damage caused, directly or indirectly, by the contents of any of the material you obtain from us, including any instructions, illustrations or demonstrations that you follow, and including any alleged failure to include an adequate warning or safety alert. 2. You agree that any of these materials may contain information that is inaccurate, incomplete, or downright confusing, such that following it could cause injury to you or to others, or someone's property, but paragraph 1 still applies. 3. You agree that we may say good things about a particular video, or pass along good things others have said, and paragraph 1 still applies. 4. You agree that it is your responsibility to ensure the safety of anything you do following the instructions or inspirations from these materials, and paragraph 1 still applies. 5. You agree that there may be laws (including local laws, federal regulations, permit requirements, or laws of nature) that may be broken even if you follow the instructions to the letter, but even so, paragraph 1 still applies. 6. You agree that all recommendations in videos and this website, for using tools, using processes, storage or use of products, etc. are based on the author's knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of tools, processes, products, etc., will make your own determination and satisfy yourself that methods recommended are suitable for your intended process or purpose, location, tools, etc., and that you are in compliance with environmental, health and safety regulations, and paragraph 1 still applies. 7. You acknowledge that GiddyUpFlix does not vet information provided in the videos offered for rental or sale at this site. For example, if you read on our site or in one of our e-mails that someone says "Rent this DVD, you'll really like it! " or similar phrases, you will not take it as an indication that any particular video has been viewed or read by any employees or owners of GiddyUpFlix, or that there is any sort of expert review of materials offered for sale or rental at GiddyUpFlix. In any event, paragraph 1 still applies. 8. Finally, you agree that when discs are placed in players, bad things may sometimes happen, and that in no event will GiddyUpFlix be responsible for any damage resulting from the use of a defective or incompatible disc - not even damage resulting from use of a perfectly good disc. (We will, of course, replace a defective disc.) In any event, paragraph 1 still applies.

GiddyUpFlix ONLINE RIGHTS:
GiddyUpFlix may elect to electronically monitor the User submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate GiddyUpFlix.com, or (iii) to protect the rights or property of GiddyUpFlix, its Users, Sponsors, Providers, Licensors or Merchants.

GiddyUpFlix is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, GiddyUpFlix may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from GiddyUpFlix.com.

GiddyUpFlix reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, GiddyUpFlix, the communities which make up GiddyUpFlix, or any rights of GiddyUpFlix or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither GiddyUpFlix nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither GiddyUpFlix or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on GiddyUpFlix.com.

LEGAL DISPUTES:
We're a pretty easy organization to get along with and we always try to resolve any disputes as amicably as possible. However, if it ever comes to litigation, you and GiddyUpFlix agree that only the state or federal courts of Washington state shall have jurisdiction over any dispute relating to GiddyUpFlix's service or these Terms and Conditions, that Washington state law will apply, and that you irrevocably consent to personal jurisdiction and venue in these Washington state courts.

MISCELLANEOUS:
Users may not use GiddyUpFlix to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.

CHANGES:
GiddyUpFlix reserves the right to change these Terms and Conditions at any time, but you will only be bound by the changes if you continue to rent from us after the changes are posted.



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