USER AGREEMENT
This User Agreement ("Agreement") is a legally binding agreement between you ("User") and We Luv Video ("Company") for the use of Company's monthly subscription service ("Service") in Texas. By using the Service, User agrees to be bound by this Agreement.
Subscription Service: Company offers a monthly subscription service for rentals of the We Luv Video library (the "Service"). User shall pay the monthly subscription fee as set forth on Company's website or as otherwise agreed upon in writing.
Use of Service: User may access and use the Service solely for its intended purpose and in compliance with this Agreement and any applicable laws and regulations. User may not sublicense, sell, rent, lease, or transfer the Service to any third party.
Intellectual Property: The Service, including any software or technology used in connection with the Service, contains proprietary information and trade secrets owned by Company. User may not copy, modify, distribute, sell, or create derivative works of the Service or any content provided through the Service.
User Data: User acknowledges and agrees that Company may collect and use data about User's use of the Service for internal purposes, including but not limited to improving the Service and developing new features. Company will not disclose User's data to any third party except as required by law.
Termination: Either party may terminate this Agreement at any time for any reason upon written notice to the other party. Upon termination, User's access to the Service will be immediately terminated. Should User choose to terminate their Service before the subscription period ends, User is not entitled to a refund of a prorated amount based on the amount of time remaining on the Service.
Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability: COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. User agrees that any legal action arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in Texas.
Entire Agreement: This Agreement constitutes the entire agreement between User and Company with respect to the Service and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
Modifications: Company reserves the right to modify this Agreement at any time by posting a revised version on its website. User's continued use of the Service after such modifications constitutes acceptance of the modified Agreement.
RENTAL AGREEMENT
This Rental Agreement ("Agreement") is entered into on this day, between the We Luv Video ("Owner") and this user ("Renter") (collectively referred to as the "Parties").
1. Rental Item Description
Owner hereby allows Renter to rent any item available to rent in the We Luv Video inventory.
2. Condition of Rental Items
The Rental Items are in good working condition and free from any significant defects or damage at the time of rental. Renter acknowledges that they have inspected the Rental Items and have found them to be in satisfactory condition.
3. Loss or Damage
Renter agrees to assume full responsibility for the Rental Items and will take all reasonable precautions to ensure their safety and proper use during the rental period.
4. Liability for Loss or Damage
In the event that any of the Rental Items are lost, stolen, damaged, or otherwise rendered unusable during the rental period, Renter agrees to compensate Owner for the fair market value of the lost or damaged item(s) as determined by Owner in their sole discretion. Owner reserves the right to assess an administrative and processing fee, in addition to the fair market value of the item, for lost or stolen items. Rare or hard-to-find items, as defined by Owner, may be assessed a value of up to $150 to be reimbursed by Renter. Owner reserves the right to increase administrative penalties for subsequent offenses, up to and including termination of Renter’s subscription. Owner may administer a $10 administrative fee for the first instance of a lost or stolen item, and may administer a $50 administrative fee for a second or more instance of a lost or stolen item.
Owner reserves the right to revoke a Renter’s access to the We Luv Video inventory at any time, especially if the Renter has several instances of lost or stolen items or Owner reasonably believes that Renter intends to access the collection in bad faith or intends to keep rental items.
5. Payment for Loss or Damage
Renter agrees that Owner may charge the credit card or payment method on file for the cost of repair or replacement of the lost or damaged item(s) within 60 days after the occurrence of such loss or damage.
6. Fair Market Value Determination
The fair market value of the lost or damaged item(s) will be determined by Owner, taking into account factors such as the item's rarity, age, condition, and any depreciation. Owner's determination shall be final and binding on both Parties.
7. Multiple Rentals
Though Owner allows additional rental items for a fee, Owner may determine a maximum number of items that can be rented by Renter at one time, depending on Renter’s subscription information and membership history. Should Renter wish to rent a large portion of the collection, they must do so through a separate agreement with Owner.
8. Media Player Rentals
Renter agrees to a non-refundable flat fee to rent any media player. The renter agrees to pay a per diem, to be charged upon return of the media player, for use of the item. Renter agrees that if the media player is lost or damaged, Renter will be charged the fair market value of the item, plus an administrative fee of up to 15% of the market value of the media player, in accordance with the rest of this agreement. Renter agrees that media players can only be returned during store hours. Owner reserves the right to charge Renter the fair market value, plus any additional administrative fees, for media players left outside the premises during store off-hours.
9. Notification of Loss or Damage
Renter shall immediately notify Owner in writing or by phone of any loss, theft, or damage to the Rental Items. Failure to do so may result in additional charges or penalties.
10. Repairs and Replacements
Owner reserves the right to choose whether to repair or replace the lost or damaged item(s) with a similar item of equal or greater value. Owner reserves the right to charge an additional administration fee for processing the repairs or replacement in accordance with Paragraph 4 of this Rental Agreement.
11. Termination of Rental
In the event of significant damage to the Rental Items that renders them unsafe or unusable, Owner reserves the right to terminate this Agreement and demand immediate return of the Rental Items without refund.
12. Indemnification
Renter agrees to indemnify and hold Owner harmless from any claims, liabilities, damages, or expenses (including legal fees) arising out of or in connection with the use or loss of the Rental Items during the rental period.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Travis County, Texas.
14. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations, whether oral or written.
By clicking "I Agree" or accessing or using the Service, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to the terms and conditions of this Agreement, User may not access or use the Service.