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These Terms and Conditions govern your membership and participation in the TWC Movie Lovers' Club. If you are looking for Time Warner Cable's Subscriber Service Agreements, Usage and/or Privacy Policies, please click here: Time Warner Cable Subscriber Policies

The Northeast Region of Time Warner Cable ("Time Warner Cable" "we", "us", or "our") operates an online movie rewards program known as the "TWC Movie Lovers' Club", formerly known as the 1010 Movie Lovers' Club and the Time Warner Cable Movie Club (the "TWC Movie Lovers' Club"). The TWC Movie Lovers' Club enables its members (each, a "MLC Member", "you", or "your") to earn certain benefits, subject to and in accordance with these terms and conditions.

These TWC Movie Lovers' Club terms and conditions (the "Terms and Conditions") set forth the terms and conditions governing your membership and participation in the TWC Movie Lovers' Club. BY BECOMING A MEMBER OF AND/OR OTHERWISE PARTICIPATING IN THE TWC MOVIE LOVERS' CLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO, AND SHALL BE DEEMED TO HAVE AGREED TO AND ACCEPTED, THESE TERMS & CONDITIONS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AS PROVIDED HEREIN.

1.1 Modifications. Time Warner Cable reserves the right, in its sole discretion, to change or modify the TWC Movie Lovers' Club rules, awards, award levels, special offers and/or any other term or condition that governs your membership and participation in the TWC Movie Lovers' Club at any time and without specific notice to you. Without limiting the foregoing, Time Warner Cable reserves the right, at any time, to add, delete, alter or change any feature, benefit or Credit values for the TWC Movie Lovers' Club, in Time Warner Cable's sole discretion. Any such changes or modifications shall be effective upon posting or other general notice thereof, which may be given by any means, including, but not limited to, electronic mail to the email address provided for the TWC Movie Lovers' Club Account or posting on the TWC Movie Lovers' Club web site at http://www.twcmovieloversclub.com (the "TWC Movie Lovers' Club Web Site"). Any use of the TWC Movie Club Web Site or participation in the TWC Movie Lovers' Club by you following such notice shall be deemed to constitute acceptance by you of all such modifications.

1.2 Other Programs. Time Warner Cable may administer, operate or offer rewards or benefit programs other than the TWC Movie Lovers' Club ("Other Programs"). These Terms & Conditions do not govern any such Other Programs. Credits earned in the TWC Movie Lovers' Club may not be combined with any Other Programs or offers.

1.3 Subscriber Agreement. Notwithstanding anything herein to the contrary, Time Warner Cable's provision of, and your use of, any Services shall be subject to and governed by the terms and conditions of your subscriber agreement with Time Warner Cable ("Subscriber Agreement") in all respects and any other applicable rules governing your use of such Services. These Terms & Conditions supplement the Subscriber Agreement, is subject to the terms and conditions thereof, does not govern the provision or use of Services and shall not otherwise affect or alter any terms or conditions of your Subscriber Agreement. Your membership and participation in the TWC Movie Lovers' Club, including use of the TWC Movie Lovers' Club Web Site, is subject to these Terms and Conditions and to the provisions of your Subscriber Agreement. These Terms and Conditions supersede all prior oral or written agreements with respect to the TWC Movie Lovers' Club. To the extent that any term or provision of this Agreement is inconsistent with the provisions of your Subscriber Agreement, the terms of your Subscriber Agreement shall control. Any capitalized terms used but not defined herein shall have the meaning given to such terms in your Subscriber Agreement.

2.1 Eligibility. Membership in the TWC Movie Lovers' Club is available to any (a) named account subscriber of Time Warner Cable's residential digital cable service in a participating Time Warner Cable area provided the account for such service ("Time Warner Cable Account") is in good standing, and (b) the account subscriber is at least 18 years or older.

2.2 Registration. To register for the TWC Movie Lovers' Club, you must register via the online registration process provided on the TWC Movie Lovers' Club Web Site, at which time you must provide identifying information corresponding to the Time Warner Cable Account for which registration is being sought, including account holder name, email address and last four digits of Social Security number or Time Warner Cable account number. By registering for the TWC Movie Lovers' Club, you agree to these Terms and Conditions.

2.3 TWC Movie Lovers' Club Accounts. Once the registration process is properly completed, a TWC Movie Lovers' Club account will be established (each, a "TWC Movie Lovers' Club Account") and the MLC Member will be sent a welcome password to the registered email address. Only one (1) TWC Movie Lovers' Club Account is permitted per each Time Warner Cable Account.

2.4 Accessing Accounts; Login/Password Security. MLC Members may access and view their TWC Movie Lovers' Club Account — to view a list of recent movies purchased, redeem earned Credits (as defined and further described below), and to update your e-mail address — by logging into the TWC Movie Lovers' Club Web Site using your Movie Lovers' Club login ID and password. You are solely responsible for ensuring the confidentiality of your TWC Movie Lovers' Club Account login ID and password. You are solely responsible for any authorized or unauthorized access to and use of your TWC Movie Lovers' Club Account. You hereby agree and authorize Time Warner Cable to treat any person using your TWC Movie Lovers' Club Account, login ID, password and/or other information as you (even if such person is using such item(s) without your authorization, due to theft, mistake or otherwise), and any resulting transactions, obligations or liabilities shall be attributed to you.

2.5 Changes to Account. In the event that you discontinue your Time Warner Cable residential digital cable service or change your service address, your TWC Movie Lovers' Club Account will immediately terminate, including any earned Credits and any accumulated Movies on Demand. If you change your service address, you may register using your new Time Warner Cable Account and service address provided you meet the Time Warner Cable Movie Lovers' Club eligibility requirements.

3.1 Earning Credits. Subject to the terms and conditions of this Agreement, when a MLC Member purchases four (4) standard priced, qualifying "Movies On Demand" ordered via Time Warner Cable's digital cable service ("Movies On Demand") within a 30-day time period, the MLC Member's TWC Movie Lovers' Club Account will be issued one (1) online credit equal to the purchase price of one qualifying standard priced Movie On Demand (credit not to exceed $4.99) (each, a "Credit"). You will receive credit for one (1) purchased movie upon initial registration in the TWC Movie Lovers' Club. Earned Credits will be issued online to your TWC Movie Lovers' Club Account. Credit earnings are contingent upon satisfaction by the MLC Member of these Terms and Conditions. Time Warner Cable reserves the right to adjust the amount of the Credit at any time.

3.2 Qualifying Movies On Demand. Not all Movies On Demand qualify toward Credit earnings. Movie specials, such as double features, discount-price movies and adult titles, are not eligible for the TWC Movie Lovers' Club and shall not be included when determining whether a MLC Member has purchased four (4) standard priced, qualifying Movies On Demand as required herein. Further, if any Movie On Demand, when ordered, indicates that Credit earnings for such Movie On Demand are limited, restricted or otherwise qualified, such limits, restrictions, and/or qualifications shall apply.

3.3 Credit Earning Alerts. An Alert notice stating a countdown for movie purchases is present upon entering the TWC Movie Lovers' Club Web Site, as well as on the "view account" web page.

3.4 Vesting of Credits. Notwithstanding anything herein to the contrary, Credits shall be deemed vested only upon redemption (as described below).

3.5 No Retroactive Accrual. Movies On Demand purchased prior to the effective date of the MLC Member's registration in the TWC Movie Lovers' Club do not qualify towards any Credit rewards.

3.6 Discrepancies. If you believe that an error or discrepancy exists with respect to your TWC Movie Lovers' Club Account, you must notify Time Warner Cable, in writing, and include all information sufficient to investigate and verify the suspected error or discrepancy, which notice must be received by Time Warner Cable within thirty (30) days of the related posting to your TWC Movie Lovers' Club Account. All documentation sent to Time Warner Cable must be legible and include the name on the TWC Movie Lovers' Club Account and your Time Warner Cable Account number. Time Warner Cable is not responsible for correspondence that is lost or delayed in the mail. Decisions as to errors, what constitutes a qualifying Movie On Demand, as well as exceptions, will be made at such time as determined by, and at the sole discretion, of Time Warner Cable. Time Warner Cable reserves the right to verify Credits prior to and/or following redemption and/or notice of any alleged error or discrepancy, and may make adjustments to the Time Warner Cable Account as Time Warner Cable determines appropriate, in its sole discretion. Time Warner Cable's decision as to any such verification or adjustment, or otherwise with respect to any alleged error or discrepancy, shall be final and binding.

3.7 Non-Transferable. Credits and your rights of redemption are non-transferable and are void where prohibited by law. Credits have no refund value and are not redeemable for cash. Credits are and shall remain the property of Time Warner Cable. Without limiting the foregoing, MLC Members cannot buy or sell Credits, and Credits may not be transferred (a) upon death, (b) as part of a domestic relations matter, or (c) otherwise by operation of law. Time Warner Cable makes no representation, warranty or guaranty as to (i) the value of any Credits, (ii) your ability to use or redeem any Credits, or (iii) the benefits, if any, associated with or arising from any Credits.

4.1 Redemption. To redeem an earned Credit, MLC Members must log into the TWC Movie Lovers' Club Web Site and click the "Redeem Credit" button. Upon redemption, the applicable Time Warner Cable Account will be issued a credit in the amount of the charges associated with one qualifying standard priced Movie On Demand, excluding any taxes and fees (not to exceed $4.99) and such credit will be reflected on the MLC Member's Time Warner Cable Account billing statement for the applicable bill cycle.

4.2 Redemption Restrictions; Expiration. Credit redemption is contingent upon you satisfying all of these Terms & Conditions. Credits will be awarded and can be redeemed only if the TWC Movie Lovers' Club Account on which the Credits are earned and the associated Time Warner Cable Account are in good standing (i.e., not in default of any of these Terms & Conditions and/or the Subscriber Agreement). A CREDIT SHALL REMAIN VALID FOR REDEMPTION FOR A PERIOD OF THIRTY (3O) DAYS AFTER THE DATE ON WHICH THE FOURTH QUALIFYING MOVIE ON DEMAND IS PURCHASED, AS DETERMINED BY TIME WARNER CABLE, AND IF SUCH CREDIT IS NOT REDEEMED (FOR ANY REASON) WITHIN SUCH THIRTY (30) DAY PERIOD, SUCH CREDIT WILL EXPIRE AND SHALL HAVE NO FORCE OR EFFECT. TIME WARNER CABLE IS NOT LIABLE IF A CREDIT EXPIRES PRIOR TO YOUR USE OF THE CREDIT OF IF THE CREDIT BECOMES UNAVAILABLE FOR ANY REASON.

4.3 Release. Notwithstanding anything herein to the contrary, and in addition to any rights or remedies afforded at law or in equity, you (and any other individual who uses your Movie Lovers' Club Account and, if a minor, their parents or legal guardians) accept the terms and conditions herein and hereby release Time Warner Cable and its parents, subsidiaries, affiliates, directors, officers, employees, contractors, agents, representatives, successors and assigns (collectively, "Related Parties") from any liability whatsoever for, and waive any and all causes of action related to, any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with acceptance, possession, use of or inability to use any Credit and/or your participation in the TWC Movie Lovers' Club (including, without limitation, claims, costs, injuries and damages related to pecuniary loss, personal injuries, death, or damage to or destruction of property), whether under a theory of contract, tort (including negligence), warranty or other theory.

4.4 Tax Consequences. There may be federal, state or local tax consequences arising from your participation in the TWC Movie Lovers' Club (including your redemption of Credits). The determination of tax liability for any federal, state or local taxes that may arise out of your participation in the TWC Movie Lovers' Club shall be your sole responsibility. If Time Warner Cable is required to report Credit redemption information to any taxing authorities, such reporting will be made with respect to the name and tax identification information of the primary Time Warner Cable Account holder on record. Further, should federal, state or local law impose any tax reporting or filing obligations on Time Warner Cable arising out of your participation in the TWC Movie Lovers' Club, you agree to timely provide Time Warner Cable with any information that is reasonably needed for Time Warner Cable to comply with any such reporting or filing obligations.

5.1 Inactive Accounts; Cancellation. Time Warner Cable reserves the right to terminate your TWC Movie Lovers' Club Account for any reason including, if you fail to earn a Credit for any consecutive twelve (12) month period. It is your sole responsibility to manage your TWC Movie Lovers' Club Account to maintain its active status. If you wish to cancel your TWC Movie Lovers' Club Account, you must call Time Warner Cable and request that a customer service representative cancel your membership.

5.2 Failure to Maintain Good Standing. If for any reason the Time Warner Cable Account associated with the TWC Movie Lovers' Club falls out of good standing, at the sole discretion of Time Warner Cable, any Credits accrued for such account shall be suspended until such time as the Time Warner Cable Account is returned to good standing and/or such Credits may expire or be forfeited by you, at the discretion of Time Warner Cable.

5.3 Fraud; Abuse. Notwithstanding anything herein to the contrary, in the event of any fraud or abuse of privileges relating to your TWC Movie Lovers' Account, misrepresentations, conduct likely to be detrimental to interests or reputation of Time Warner Cable or the TWC Movie Lovers' Club, and/or violation of any term of these Terms and Conditions, in addition to all other remedies available at law or in equity, Time Warner Cable reserves the right, in its sole discretion, to deny TWC Movie Lovers' Club benefits (including cancellation of any accrued Credits), and/or cancel your membership in the TWC Movie Lovers' Club and deny your eligibility to participate in the TWC Movie Lovers' Club in the future.

5.4 Term; Termination; Survival. This Agreement is effective upon your registration in the TWC Movie Lovers' Club and shall continue in full force until terminated by operation of law or in accordance with the terms of this Agreement. Your membership in the TWC Movie Lovers' Club shall automatically terminate upon cancellation or termination of your subscription to Time Warner Cable residential digital cable service. TIME WARNER CABLE RESERVES THE RIGHT TO TERMINATE THE TWC MOVIE LOVERS' CLUB AND THESE TERMS AND CONDITIONS AT ANY TIME AND FOR ANY REASON WITHOUT PRIOR NOTICE, UNLESS OTHERWISE REQUIRED BY LAW. UPON TERMINATION OF THE TWC MOVIE LOVERS' CLUB AND/OR YOUR MEMBERSHIP THERETO FOR ANY REASON, YOUR RIGHT TO EARN AND REDEEM ANY CREDITS WILL AUTOMATICALLY TERMINATE. IF FOR ANY REASON YOUR TWC MOVIE LOVERS' CLUB MEMBERSHIP AND/OR THE DIGITAL CABLE SERVICES FOR THE MEMBER HOUSEHOLD IS CANCELLED FOR ANY REASON, ANY CREDITS ACCRUED FOR SUCH MOVIE LOVERS' CLUB ACCOUNT WILL BE DEEMED FORFEITED. Upon termination or cancellation of your membership in the TWC Movie Lovers' Club for any reason, you shall cease being a MLC Member of the TWC Movie Lovers' Club and shall have no further right to participate in the TWC Movie Lovers' Club. Any provision of this Agreement that, by its nature, is intended to survive, shall survive the expiration or termination of this Agreement and/or the cancellation and/or termination of your membership in the TWC Movie Lovers' Club.

The TWC Movie Lovers' Club, and any instrumentality thereof, may be used for lawful purposes only and only for the purposes contemplated herein. You agree that you shall not, nor shall you permit, assist or encourage any third party to: (a) upload, post or transmit via or in connection with the TWC Movie Lovers' Club Web Site and/or any other Time Warner Cable web site any virus, cancelbot, Trojan horse, worm or other harmful components and/or any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, abusive, hateful, or otherwise objectionable information or content of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, including violations of any intellectual property rights or other rights of a third party; or (b) in connection with the TWC Movie Lovers' Club Web Site and/or any other Time Warner Cable web site (i) create a false identity or otherwise attempt to mislead any person as to the identity, source or origin of any communication, (ii) send unsolicited commercial email to any person, or (iii) otherwise interfere, disrupt or attempt to gain unauthorized access to any computer or cable system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization.

7.1 Trademarks. "Time Warner Cable" and the Time Warner Cable family of marks, logos and titles, as well as the "TWC Movie Lovers' Club" family of marks, logos and titles, are registered and/or common-law trade names, trademarks and/or service marks of Time Warner Cable or its licensors. All other products, company names, or trademarks or service marks appearing on or in connection with the TWC Movie Lovers' Club Web Site and any Time Warner Cable web site are the property of their respective owners. Nothing contained herein or the TWC Movie Lovers' Club Web Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on or in connection with the TWC Movie Lovers' Club or any Time Warner Cable web site without the prior written permission of Time Warner Cable or the respective mark owners.

7.2 Property. Unless otherwise expressly noted, all materials and properties, including, without limitation, the text, organization, design, compilation, look and feel, graphics, images, illustrations, icons, photographs, software, video clips, music, and other works that are part of the TWC Movie Lovers' Club, along with the TWC Movie Lovers' Club itself, the TWC Movie Lovers' Club Web Site and/or any other Time Warner Cable web site (collectively, the "Property"), are protected by patents, copyright, trademarks, trade dress, trade secrets and/or other intellectual property and proprietary rights laws, which are owned by or licensed to Time Warner Cable. All right, title and interest in and to the Property, including without limitation, all intellectual property and proprietary rights therein, are reserved and will at all times remain with Time Warner Cable and/or its licensors. Time Warner Cable's posting or publication of any Property on any Time Warner Cable web site or otherwise in connection with the TWC Movie Lovers' Club does not constitute a waiver of any right in and to such Property. Nothing herein shall be construed as conferring any license under Time Warner Cable's and/or its licensor's intellectual property rights, whether by estoppel, implication or otherwise.

8.1 Warranty Disclaimer. The TWC Movie Lovers' Club is provided on an "as is" and "as available" basis without warranties of any kind. Further, Time Warner Cable and the TWC Parties make no representations or warranties with respect to the TWC Movie Lovers' Club, its use or performance or the transactions contemplated herein, whether express, implied, statutory, oral, in writing or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, or warranties arising from a course of dealing, usage or trade practice, and the same are hereby expressly disclaimed to the maximum extent permitted by applicable law.

8.2 Limitation of Liability. Neither Time Warner Cable nor any TWC Party shall be liable for any consequential, direct, indirect, exemplary, special, punitive or incidental damages arising out of or relating to your use or inability to use the TWC Movie Lovers' Club or Credits, however caused and under any theory of liability (including contract, tort or negligence), even if Time Warner Cable and/or the TWC Parties have been advised of the possibility of such damages. If you are dissatisfied with the TWC Movie Lovers' Club, your sole and exclusive remedy shall be to discontinue your membership in the TWC Movie Lovers' Club. You acknowledge and agree that the disclaimers and limitations herein reflect a fair allocation of risk and that Time Warner Cable would not offer membership to the TWC Movie Lovers' Club without such limitations on its liability, and you agree that the foregoing disclaimers and limitations shall apply notwithstanding any failure of essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Time Warner Cable and the TWC Parties shall be limited to the fullest extent permitted by such jurisdiction.

In addition to any indemnification obligations contained in your Subscriber Agreement, you agree to defend, indemnify and hold harmless Time Warner Cable and the TWC Parties (collectively, the "Indemnified Parties"), from and against all third-party claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and reasonable attorneys' fees) based on, arising out of or relating to: (a) your breach or alleged breach of these Terms & Conditions; or (b) your acts or omissions (including negligence or strict liability and including any injury to any person (including but not limited to death) or property) related to the subject matter hereof, including, without limitation, any alleged violation of any applicable law or infringement of any third party's intellectual property or other rights. You shall promptly reimburse the Indemnified Parties for any liabilities incurred in connection with any such claims. The Indemnified Parties may have their own counsel participate in the defense of any such claim, provided that the costs of such counsel shall be borne by the Indemnified Parties. You shall not enter into any settlement that purports to bind the Indemnified Parties or that would impose an unindemnified monetary obligation on the Indemnified Parties without Time Warner Cable's prior written consent, not to be unreasonably withheld or delayed. If a minor redeems a Credit and/or otherwise participates in the TWC Movie Lovers' Club, each minor's parents or legal guardians further agree to indemnify, defend and hold harmless Time Warner Cable and the TWC Parties from any claims, costs, injuries, losses, or damages described herein which may be suffered by such minor.

Your membership in the TWC Movie Lovers' Club is non-transferable. You may not transfer or assign your membership in the TWC Movie Lovers' Club or any rights or obligations hereunder, in whole or in part (and whether by contract, operation of law, or otherwise), to any other person or entity and any such transfer or assignment without Time Warner Cable's written consent shall be null and void. Time Warner Cable may transfer or assign this Agreement, any rights or obligations hereunder, in whole or in part, or the TWC Movie Lovers' Club, to any person or entity without your consent.

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