Welcome to the Xflicks website terms and conditions for use. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The Xflicks website is operated by: Indumedia Europe BV, a company registered in Amsterdam, whose registered office is at Kuiperbergweg 38c, 1101 AG Amsterdam Zuidoost, The Netherlands. Our company registration number is KvK 16077138. Our VAT registration number is NL8050.44.607.B01.

INTRODUCTION
1.1 You will be able to access most areas of this website without registering your details with us, subject to the restrictions outlined in clause 2.1. Certain areas of this website are only open to you if you register. For example, you are required to become a member (free of charge) if you wish to claim your free sampler DVD, purchase products, view trailers or recommend a friend.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

AGE RESTRICTIONS CONCERNING ADULT CONTENT
2.1 This website specialises in the supply of sexually explicit movies suitable only for adults over the age of 18 for personal use only. You are required to be at least 18 years of age to enter, access, join or purchase products from this website. Misrepresenting your age to gain access to this website to view adult content may be a violation of local, state or federal law. If you are under 18, if adult material offends you, or if you are accessing this site from any country, state or locale where adult material is specifically prohibited by law, EXIT IMMEDIATELY. By entering/accessing this site, you agree with the following statements:
(a) You are an adult of at least 18 years of age (or older depending the relevant laws of your jurisdiction) and are permitted to view adult material;
(b) You warrant that it is legal to view adult material in the country from which you are accessing this website and that such material does not offend local community standards;
(c) You will not redistribute any adult material offered or supplied by this website to anyone, nor permit it to be distributed to, accessed or viewed by any minor or any person who may find such material offensive;
(d) You believe in the principles of Article 10 of the European Convention On Human Rights Act which protects your right to freedom of expression which shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2.2 All performers and models featured in the adult content offered and/or supplied by this website were at least 18 years of age at the time of filming.

ORDERING FROM US
3.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. You will also be required to confirm acceptance of these terms and conditions. We will send you an order acknowledgement by email, detailing the products you have ordered. We will also email you confirmation that we have pre-authorised your payment in respect of the goods.
3.2 We will endevour to process your order within 24 hours of receipt excluding weekends. If for any reason a product you have ordered is not available, we will inform you of this together with an estimated date of dispatch. You are advised to allow 7-10 working days for your order to reach you, though you can generally expect to receive your goods 2-3 days after we have informed you of their dispatch. In the unlikely event that you do not receive your goods within 30 days of dispatch, you have the right to cancel your order and are entitled to a full refund.
3.3 Our acceptance of an order takes place at the point of dispatch. When we dispatch the order the purchase contract will be made, you will be charged for your goods and we will send you confirmation by email that your goods have been dispatched and payment taken in respect of the goods, unless we have notified you that we do not accept your order or you have cancelled your order.
3.4 We may refuse to accept an order or cancel an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your payment;
(c) If we have any reason to believe you are not 18 years or over;
(d) If we do not or cannot ship to your country of residence;
(e) If you ask us to ship to a country where the supply adult goods may prohibited by law;
(f) If there has been a pricing or product description error; or
(g) If you do not meet any eligibility criteria set out in our terms and conditions.

PRODUCT DATA AND PRICING
4.1 We endeavour to ensure that all product information, images and descriptions are correct and accurately reflect the goods offered subject to the provisions of clause 11.1. However product packaging and content may differ slightly from the product displayed subject to availability from our suppliers.
4.2 Prices are displayed in Pounds Sterling (£/GBP) or Euros (€/EUR) depending on the currency you have selected or if you are a member the currency of your account. All prices include Dutch VAT at the current rate of 19%. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
4.3 All prices are inclusive of postage and packaging. Unless you are advised otherwise or you have a voucher code, the price you see is the price you will pay.
4.4 Our prices are reviewed periodically and the next review will be on 31/03/2007. We reserve the right to revise, alter or amend prices without notice to reflect any currency fluctuations affecting the cost of imported items or to coincide with price changes imposed by suppliers.
4.5 Purchases will appear on your Credit Card statement as Indumedia Europe BV. You will be billed in the currency you selected when creating your Xflicks account.

CANCELLATION AND RETURNS POLICY
5 .1 If you wish to cancel your order:
(a) You can notify us by email to returns@xflicks.co.uk or by fax to +31 84 710 9129, before we have dispatched the goods to you; or
(b) Where goods have already been dispatched to you, by returning the goods to us in accordance with clause 5.2 below.
5.2 Under EU Distance Selling Regulations, you can return goods you have ordered from us for any reason at any time within 7 (seven) working days of receipt for a full refund or exchange, subject to the conditions specified in clause 5.4. Should you wish to do so, you are required to notify us in writing before returning the goods to us by email to returns@xflicks.co.uk or by fax to +31 84 710 9129. Returns should be sent to: Indumedia Europe BV, Postbus 16624, 1001 RC Amsterdam, The Netherlands. The costs of returning goods to us shall be borne by you.
5.3 Upon receipt of the goods we will give you a full refund of the amount paid, an exchange credit or substitute goods as required. Refunds will be made within 30 days of the date on which you notified us of your desire to return the goods, subject their receipt by us.
5.4 The right to return the goods to us as referred to in clause 5.2 will not apply in the following circumstances: - in the event that the product has been used or viewed, and in the case of DVDs and VHS, where the shrink-wrap packaging has been unsealed, or where the security seal has been broken. The provisions of this clause 5.4 do not affect your statutory rights.
5.5 If for any reason your goods are faulty, please notify us by email to returns@xflicks.co.uk or by fax to +31 84 710 9129, within 7 (seven) working days of receipt. Faulty goods should be sent to: Indumedia Europe BV, Postbus 16624, 1001 RC Amsterdam, The Netherlands. The costs of returning goods to us shall be borne by you. Upon receipt of the goods and verification of the defect, we will offer you replacement goods, substitute goods, a full refund of the amount paid or an exchange credit as required.

LICENCE
6.1 You are permitted to print and download extracts from this website for your own personal use on the following basis:
(a) No text or related images or graphics on this website are modified in any way;
(b) No images or graphics on this website are used separately from accompanying text; and
(c) Any copyright and trademark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and all other intellectual property rights in the Xflicks website are owned by Indumedia Europe BV or its licensors, or by the third parties who have directly or indirectly supplied products and/or materials to Indumedia Europe BV for use on the Xflicks website. Xflicks respects the copyright and intellectual property rights of the producers and distributors of the video works offered via this website and reproduces such material for the purposes of marketing and promotional use only. All trademarks are the property of their respective owners and are used for identification or reference purposes only with no intent to infringe on copyright.
6.3 For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is strictly prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
6.4 Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.5 Any products offered and/or supplied by this website are licensed for private home use only. Video works (including their soundtrack) are protected by copyright. Any unauthorised downloading, copying, editing, renting, exchanging, hiring, lending, sharing, exhibition, public performance, diffusion, streaming and/or broadcast in whole or in part is strictly prohibited.
6.6 Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS
7.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, publish, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes in any and all media.
8.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, libellous, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the website (including, without limitation, by hacking).
8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.

LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
9.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Xflicks logo;
(b) you do not create a frame or any other browser or border environment around this website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Xflicks trademarks or third party trademarks displayed on this website without our express written permission or the written consent of the trademark's respective owner;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

REGISTRATION
10.1 To register with Xflicks you must be over eighteen years of age and accept the terms and conditions detailed in clause 2.1.
10.2 When registering you are required to use your real name and a legitimate postal address for future billing and delivery purposes. Payment should only be made with a valid credit card registered in your own name at the billing address designated in your account.
10.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.4 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.5 You may register only once with Xflicks to claim your free sampler DVD or other sign-up offer. If we have reason to believe that you have breached this condition of registration, we reserve the right to withhold supply of the goods and/or offer in question.
10.6 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

DISCLAIMER
11.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
11.2 The material on this website is provided -as is- without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

LIABILITY
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Dutch courts.
13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside of The Netherlands. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website or order goods from this website from locations outside of The Netherlands, you do so at your own risk and you are responsible for compliance with local laws and notably any legislation relating to the importation of goods of a sexually explicit or adult nature.

MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.