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Terms & Conditions

We are happy to answer any questions you may have and to provide you with technical and other customer support. You may contact us at any time, any day of the year at:

e-mail: support@blockbusternow.com

Site: help.blockbusternow.com

Live Chat support is available between the hours of 8:00am PT and 10:00pm PT, Sunday through Thursday, and between 8:00am PT and 12:00 midnight PT on Friday and Saturday, any day of the year except federal holidays.

Visit: http://help.blockbusternow.com/home and select "Live Support"

For purposes of these Terms of Service ("TOS") and any customer agreement(s) applicable to any promotion(s) or plan(s) under which you are receiving services from Blockbuster (each, a "Promotion Agreement"): (i) "you" and "your" refer to you, the Blockbuster customer, end user or viewer of the Service (as defined below); and (ii) "DISH", "Blockbuster," "we," "us" or "our" refer to Blockbuster L.L.C.

THESE TOS, TOGETHER WITH ANY APPLICABLE PROMOTION AGREEMENT, SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH Blockbuster WILL PROVIDE ITS SERVICES TO YOU. THIS AGREEMENT IS EFFECTIVE UNTIL WE CHANGE OR REPLACE IT.

IF YOU ARE A NEW Blockbuster CUSTOMER, YOUR ACTIVATION OF A SERVICE ACCOUNT (AS DEFINED BELOW) AND RECEIPT OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TOS.

IF YOU ARE AN EXISTING Blockbuster CUSTOMER, YOUR CONTINUED RECEIPT OF THE SERVICE FOLLOWING A CHANGE TO OR REPLACEMENT OF THESE TOS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGED OR REPLACED TERMS OF SERVICE. IF YOU ARE AN EXISTING Blockbuster CUSTOMER AND DO NOT WISH TO ACCEPT ANY CHANGED OR REPLACED TERMS OF SERVICE, YOU MUST NOTIFY US IMMEDIATELY AND WE WILL, AT OUR OPTION, EITHER CANCEL YOUR SERVICE OR ALLOW YOU TO CONTINUE TO RECEIVE THE SERVICE UNDER THE PREVIOUS VERSION OF THE TERMS OF SERVICE.

1. Introduction

A. The Service. In these TOS, the "Service" means all video, audio, data, interactive and other programming services or content and all other services made available by Blockbuster that are enabled by and/or accessed through your "Device" (which is defined as a digital media player or device including, without limitation, TV-connected devices, internet-connected TVs, PCs, internet-connected Blu-ray players, internet-connected AV receivers, tablets, any and all over-the-top devices and other authorized portable devices), and that we may provide to customers in the future. Utilizing the Service you may access full-length motion pictures and other audiovisual content as may be made available for adaptive streaming (depending on the type of Device) for simultaneous or later viewing at a time of your choosing (within the limits described in these TOS and elsewhere in the Service description and interface) (collectively, "Media"). All Media is provided by Blockbuster L.L.C. ("Blockbuster"). The Service also includes any and all software, accessories, tools, features and/or functionality related to and/or made available through the video and other programming services and/or your Device.

B. Broadband Connection. In order to use the Service, you may be required to have a broadband or similar internet connection depending on the Device. You must obtain such broadband or similar internet connection from a third party at your sole cost and expense, and Blockbuster is not responsible or liable for such broadband or similar internet connection, including, without limitation, its speed connectivity, buffering, performance, failure or security.

C. Certain Important Restrictions and Other Applicable Agreements. By using the Service, you expressly understand and agree that:

  • The functionality and/or features of the Service may change at any time and from time to time without notice, including, without limitation, the manner and method in which you can access the Media (including, without limitation, Media previously rented by you).
  • Certain Media that you may choose to rent and access through the Service will be subject to black-out periods imposed by agreements between Blockbuster and the Media providers (including, without limitation, motion picture studios, television networks, cable networks and production companies), during which periods you will not have access to stream or view the Media using the Service as described in more detail in Section 3 of these TOS.
  • The Service is only available on approved Devices. The list of approved Devices may be changed at any time and from time to time without notice to you. A list of approved Devices can be found at Help.BlockbusterNow.com under the FAQ Section titled "What Devices Can I Use With The Blockbuster On Demand App". Your use of the Media, including the number and types of Devices on which the Media may be displayed, may be restricted by the licenses granted by the Media providers to view the Media.
  • You are solely responsible for monitoring and paying for any bandwidth or airtime charges resulting from your use of the Service.
  • Blockbuster does not have any control over your use of internet or other Device services or subscriptions or your internet or Device provider.
  • Blockbuster is not the manufacturer of, nor has any control over your use of the Device and you may be required by a Device provider to subscribe to additional Device-specific services to access the Service. Blockbuster is not responsible for the performance of your Device or the compatibility of your Device with the Service.
  • Neither Blockbuster nor Blockbuster is responsible for any content provided by or purchased from a third-party provider.
  • Certain Media may be subject to United States and International copyright laws, and any unauthorized use or copying of the Media may subject you to civil and criminal liability under those laws.
  • Although you may cancel the Service at any time, which will be effective immediately, you will not receive any refund or credit for unwatched Media.
  • In addition to these TOS, your use of the Service is also subject to the Blockbuster Privacy Policy, which covers the Service available at http://www.blockbusternow.com/privacy).
  • These TOS constitute a legal document between you and Blockbuster that details your rights and obligations as a customer of the Service. Violation(s) of these TOS may, in Blockbuster'S sole and absolute discretion, result in suspension or termination of your access to the Service.

D. Changes in Media and/or Services. In addition to and without limitation of any other provisions of these TOS, Blockbuster may add, delete, rearrange, alter, interrupt, change and/or eliminate any and all Media and/or other Services that we offer, as well as the prices and fees related to such Media and/or other Services that we offer, at any time and from time to time. In the event that we add, delete, rearrange, alter, interrupt change and/or eliminate any Media and/or other Services that we offer, we have no obligation to replace or supplement such Media and/or other Services that we offer. You are not entitled to any credit or refund because we add, delete, rearrange, alter, interrupt, change and/or eliminate any Media and/or other Services that we offer. You expressly acknowledge and agree that additions, deletions, rearrangements, alterations, interruptions, changes and/or eliminations to any Media and/or other Services that we offer that arise in connection with the termination or suspension of Blockbuster's access to all or any portion of any Media and/or other Services that we offer is not a discretionary act by Blockbuster.

2. Devices and Device Registration

A. Service Account. In order to use the Service, you will first need to register your Device with an existing or new Blockbuster account applicable to the Device (the "Service Account"). Additionally, depending on the Device, you may also need to be a subscriber to Device-specific subscription plans required by the Device provider, which are separate and apart from the Service provided by Blockbuster, and for which Blockbuster has no responsibility. The Service, or portions thereof, may not be available on certain Devices. Your use of the Service through a Device may result in substantial data usage under your Device's subscription plan. You are solely responsible for any and all subscription charges required by a Device provider and for monitoring and paying for any and all bandwidth or airtime charges resulting from your use of the Service.

B. Use of Devices and Service Account; Registration. All use of your Device(s) and Service Account, whether or not authorized by you, shall be deemed your use, and you are responsible for any and all activity occurring through your Device(s) and/or your Service Account, and any and all charges for Media rentals through your Device(s) and/or Service account. Blockbuster may provide you with a code or other method (e.g., PIN code) from time to time to allow you to authenticate Devices. By authenticating a Device, you are registering that Device with your Service Account. Depending on the type of Device you have, you may also have to link your Service Account to your Device’s other subscription accounts. You are responsible for protecting the confidentiality of any codes and passwords related to the Service, your Service Account and your Device(s), and for ensuring that all use of your Service Account complies fully with the provisions of these TOS.

C. Transfer of Device. If you desire for others to use your Device(s) but not on your Service Account, or if you desire to transfer a Device to another person, you must deactivate the Device(s) from your Service Account (and, as applicable to your Device, through the Device's interface). If you do not deactivate a Device from your Service Account, then your Service Account and associated credit or check card may be charged for use by such other persons, and in such event you will be responsible for any and all such charges.

D. Devices Generally. You must obtain a Device from a third party at your sole cost and expense, and Blockbuster is not responsible or liable for such Device, including, without limitation, its speed, connectivity, buffering, performance, failure or security and/or for the cost of such Device (or for any refund relating thereto) in any event, including, without limitation, the expiration or termination of the Service and/or your Service Account for any reason or no reason. All Devices are manufactured and sold by entities other than Blockbuster. AS SUCH, Blockbuster DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING, WITHOUT LIMITATION, THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and/or its compatibility with the Service.

3. Media

A. Media Rentals and Purchases. Media (including, but not limited to, video on demand) may be rented via the Service on a single transaction basis. For Media rental, a single transaction is the rental and viewing (within the limits described in these TOS and elsewhere in the Service description or interface) of an individual Media file for the time period displayed during the rental process. Fees associated with a single transaction are non-recurring.

B. Restrictions on Viewing. A rented Media title may be viewed on more than one Device, unless otherwise provided at the time of rental; provided, however, a Media title may only be streamed on one Device at a time. Rented Media must be viewed within 30 days from the date of the rental transaction (or such lesser time as the Media title may be available). You may stop and restart viewing of rented Media titles; provided, however, that once you begin to view a rented Media title, you will have 24 consecutive hours (which time period may be changed by Blockbuster at any time and from to time) to view the Media title. In no event will a rented Media title be available for a period of more than 30 days (i.e., if you begin viewing a Media title on the 29th day after the rental transaction, but do not finish viewing the entire title, that Media title may not be available for the entire 24 consecutive hour period (or other applicable period) if such period would extend the viewable time beyond the 30-day rental window).

C. Black-Out Periods. The Media is provided by Blockbuster via the Service pursuant to agreements between Blockbuster and Media providers pursuant to which the Media providers license rights related to the Media. These agreements may require Blockbuster to black-out and restrict the availability of and your access to certain Media, including Media that you have already purchased, for periods of time determined by Blockbuster and the Media providers. You understand that any Media you purchase from Blockbuster may be subject to these black-out periods and restrictions, and understand further that Blockbuster will not make the affected Media available to you via the Service during such periods.

D. Copyright. You also understand that the Media includes the copyrighted material of third parties, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. Unauthorized copying or distribution of copyrighted works may constitute copyright infringement and/or infringement of the holders' other intellectual property rights. In addition, steps intended to defeat or bypass security measures which are designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. Blockbuster reserves the right to terminate the Service and/or Service Account of users who infringe the copyrights or other intellectual property rights of others, including but not limited to facilitating such infringements, or develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders' rights.

E. Parental Controls. Certain Media available through the Service may not be suitable for viewing by minors or people with sensitivity to violence, profanity or sexually explicit content. Blockbuster feels strongly about protecting the privacy of children and controlling children's access to content. Blockbuster encourages parents to be involved in the television viewing and internet use of their minor children. Parental controls allow you to restrict what your children watch/listen to based on content ratings. The availability of parental controls varies by Device manufacturer/provider. Please learn about Parental Controls provided by your Device by consulting your Device's guide, manufacturer and/or provider.

F. Use of Media. You hereby agree and declare that any and all Media accessed or transferred using the Service is for personal, non-commercial use in a private, residential dwelling unit or in a private individual office unit, for private viewing by one or more persons on an approved Device on a non-permanent basis, in the United States and the District of Columbia only, for which no fee is charged (other than the rental transaction price and/or any additional charge or subscription fee through the Device provider) and that the Service will not be used for Media to be copied or displayed before a public audience without authorization from the appropriate rights holder. The Service is only available in the United States. The scope and types of Media may be changed at any time and/or from time to time without notice.

G. Suspension/Termination of Media. Blockbuster and Blockbuster each reserves the right to restrict access to, suspend, or terminate, any Media at any time and from time to time, without prior notice.

4. Agreement to Pay; Billing Terms

A. Fees and Charges. You hereby agree to pay all fees and charges specified for Media ordered for your Service Account. All charges are billed to the credit or check card you registered with your Service Account. Blockbuster may, at any time and from time to time, change the amount of or basis for determining any fee or charge or institute new fees or charges.

B. Registration of Credit/Check Card. If you do not already have a Service Account, you will be required to establish a Service Account to use the Service, at which time you must register a valid credit or check card to process Service payments. When you register a credit or check card for a new account, you authorize Blockbuster to place a pending charge to your credit/check card to verify your billing address and the validity of your credit/check card, which pending charges are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit/check card, or potentially in your checking account if using a check card, in the amount of $1 per pending charge. You are solely responsible for any and all fees charged to your credit/check card by the issuer, bank or financial institution including, without limitation, membership, overdraft, insufficient funds and over the credit limit fees. Once your Device is authenticated, the credit or check card that you registered with your Service Account will be charged for each transaction, without having to reenter your credit/check card information. You agree that the issuer of the credit or check card that you registered with your Service Account may accept these TOS as your authorization and may pay all amounts billed in connection with use of your Service Account without Blockbuster’s submitting a signed receipt.

5. Software

A. Software. Your use of the Service may require certain software and/or firmware to function ("Software"). Some Software resides on your Device. Included as part of the Software is digital rights management technology/software to provide for the secure delivery of content to your Device, to manage content use, and to ensure that such content is not misappropriated.

B. End User License Agreement. If you install Software provided by Blockbuster, or its applicable third-party licensors, your use of that Software is subject to the end-user license agreement that accompanied that Software ("End User License Agreement"). With regard to any Software (including, without limitation, Software upgrades, changes, or supplements) that is not accompanied by an End User License Agreement, Blockbuster, or its applicable third-party licensors, grants you, subject to the terms and conditions set forth herein, a limited, personal, non-transferable and non-exclusive right and license, to the extent Blockbuster, or its applicable third-party licensors, has the necessary rights to do so, to use the object code of its Software on your Device; provided that you may not (nor allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, rent, lease, grant a security interest in or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that Blockbuster and/or its third-party licensors, providers or suppliers continue to own all right, title and interest to the Software and related documentation. The Software is protected by the copyright laws of the United States and international copyright treaties.

C. Export Limits. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC") or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

D. Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 and in similar clauses in the NASA FAR Supplement.

E. NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. Blockbuster, its applicable third party licensors and/or the Device providers may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features, functionality and/or updating security components). You understand that whether the Device is owned by you or the applicable Device provider, Blockbuster, the applicable Device provider or the applicable third-party licensor, has the unrestricted right, but not any obligation, to upgrade, update or supplement the Software on your Device at any time, and you hereby consent to any and all such upgrades, updates or supplements. You expressly understand and acknowledge that Software upgrades, updates or supplements could erase saved preferences, scheduled recordings and stored content (if applicable).

6. Indemnity

You agree to indemnify and hold Blockbuster and its subsidiaries, affiliates, officers, agents, employees, Media providers, Device providers and service providers such as co-branders or other partners, harmless from any and all claims or demands, including, without limitation, reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, including, without limitation, the Device, your connection to the Service, your violation of these TOS or your violation of any rights of another.

7. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TOS, Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Blockbuster DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING, WITHOUT LIMITATION, THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE.

B. Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL ALLOW YOU TO RECORD, VIEW OR TRANSFER ANY PARTICULAR MEDIA OR PROGRAMMING; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

C. ANY MEDIA, SOFTWARE OR OTHER MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL. Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

8. Limitation of Liability

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Blockbuster NOR ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Blockbuster OR ITS AFFILIATES, MEDIA PROVIDER(S), DEVICE PROVIDER(S) OR SERVICE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OF THE SERVICE; (ii) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE; OR (iii) THE INSTALLATION, MAINTENANCE, REMOVAL OR TECHNICAL SUPPORT OF THE SERVICE, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF Blockbuster, ITS AFFILIATES, MEDIA PROVIDER(S), DEVICE PROVIDER(S) OR SERVICE PROVIDER(S).

B. IN ADDITION TO AND WITHOUT LIMITATION OF THE FOREGOING, NEITHER Blockbuster NOR ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICE OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING, WITHOUT LIMITATION: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF Blockbuster’S ACCESS TO ALL OR ANY PORTION OF MEDIA OR THE SERVICE FOR ANY REASON; (ii) THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICE TO DIFFERENT SERVER(S); (iii) AN ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR DEVICE(S) OR THE SERVICE; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR APPLICABLE THIRD-PARTY LICENSORS; (v) ISSUES RESULTING FROM YOUR BROADBAND CONNECTION, INCLUDING, WITHOUT LIMITATION, LACK OF SUFFICIENT BANDWIDTH; OR (vi) ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER OR INTERNET FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. FURTHERMORE, NONE OF Blockbuster, ITS AFFILIATES, MEDIA PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING, WITHOUT LIMITATION, REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.

9. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER APPLICABLE STATE LAW.

10. Assistance

Blockbuster may, in its sole and absolute discretion, elect to provide technical support or other assistance in connection with your use of the Device and/or Service. Notwithstanding anything to the contrary in these TOS, Blockbuster has no obligation to provide any such assistance. In the event Blockbuster provides any such assistance, such assistance shall be considered part of the Service for purposes of these TOS, including, without limitation, the foregoing disclaimers and limitations.

11. Notice

Any notice required or permitted to be given by Blockbuster under these TOS may be provided by any reasonable means, including, without limitation, by mail, by publication over the Service or on the website set forth at the top of this Agreement, by telephone or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice through publication over the Service or on the website set forth at the top of this Agreement, it will be considered given when first published. If we send you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. If we send you notice by e-mail it will be considered given upon sending to your email address of record as then-currently stated in our records. Unless otherwise specified in this Agreement, any notice required or permitted to be given by you under this Agreement shall be in writing and shall be sent by first-class mail addressed to: General Counsel, Blockbuster L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 80112, and shall be deemed given when received by us at such mailing address. If your email or postal address changes, you must promptly update your Service account information at our www.blockbusternow.com/account/billing.

12. Attorneys' Fees / Collections

If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including, without limitation, any breach of any agreement you may have with Blockbuster or one of our affiliates, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs.

13. General Information

A. Acceptance and Age. You expressly understand and agree that your continued use of the Service represents your continued acceptance of these TOS. You further represent and warrant that you have all authority necessary to enter into these TOS on behalf of the customer of record on the Service Account and, if the customer is an individual, that you are an adult of at least 18 years of age.

B. Entire Agreement. These TOS, any other policies or guidelines referenced herein (including, without limitation, the Privacy Policy) and the terms set forth in any Promotional Agreement for the Service constitute the entire agreement between Blockbuster and you regarding the subject matter hereof. These TOS govern your use of the Service, superseding any prior agreements between you and Blockbuster or you and Blockbuster (excluding the Privacy Policy) with respect to the subject matter of these TOS. You also may be subject to additional terms and conditions that may apply when you use, rent or purchase certain other services made available by Blockbuster or its affiliate, third-party content or third-party software.

C. No Waiver. The failure of Blockbuster to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.

D. Applicable Law. These TOS, including, without limitation, all matters relating to their validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to these TOS or the Service shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law provisions. These TOS are subject to amendment, modification or termination if required by such laws or regulations. If any provision in these TOS is declared to be illegal or in conflict with any law or regulation, such provision will be considered modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or regulation, without affecting the validity of any other provisions, and any and all other provisions shall remain in full force and effect. The terms and conditions of these TOS that either are expressly stated to survive or by their nature would logically be expected to survive expiration or termination will continue indefinitely thereafter.

E. Cumulative Remedies; No Third-Party Beneficiaries; Claim Limitation. The rights and remedies provided under these TOS to Blockbuster in case of your default or breach of these TOS are cumulative and without prejudice to any other rights and remedies that Blockbuster may have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are hereby expressly reserved). You agree that, except as otherwise expressly provided in these TOS, there are no third party beneficiaries to this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose; if not filed within such one (1) -year period, such claim or cause of action is forever barred.

F. Headings. The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.

G. Transfer. You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of your Device, provided you transfer all of the Software (including, without limitation, all component parts, printed materials, any upgrades and these TOS), and the recipient agrees to these TOS. Should you sell or transfer your Device, you are solely responsible for deactivating and unregistering the Device from your Service Account and you will be solely responsible for any activity and/or charges that may apply to your Service Account after the sale or transfer of your Device. Blockbuster may assign these TOS, and the rights and obligations pertaining to the Service, in whole or in part, without notice.