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Acceptance of Terms of Use
These Terms of Use govern your use of the ZoomFlix.com website. By using, visiting, or browsing the ZoomFlix.com website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ZoomFlix.com website.
Changes to Terms of Use
ZoomFlix, Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the ZoomFlix.com website. The most current version of the Terms of Use will supercede all previous versions. Your use of the ZoomFlix.com website after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the ZoomFlix.com website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Membership and Billing
You can find the specific details regarding your subscription with ZoomFlix at anytime by clicking on the "Your Account" button, located at the top of the pages of the ZoomFlix.com website. You must be logged in to the ZoomFlix website in order to access this feature.
We will continue to bill your credit card on a monthly basis for the ZoomFlix Standard Program until you cancel. The ZoomFlix Standard Program is a month-to-month subscription that allows subscribers to rent as many DVDs as they want in the month, with up to three titles out at a time, with no late fees or due dates. While we use our best efforts to provide customers with three titles at all times, this is not always possible. By keeping your Playlist as full as possible you will have the best possible chance of having two titles out at all times. Such a subscription is cancelable at anytime. Click the "Your Account" button for cancellation instructions.
Billing
As a subscriber to ZoomFlix, you agree that we are permitted to charge your credit card a monthly subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of ZoomFlix. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. We will automatically charge your credit card each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th. All fees and charges are non refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on the "Your Account" button, available at the top of the pages of the ZoomFlix.com website.
Automatic Renewals
Your ZoomFlix subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.
Cancellation
As noted above, you may cancel your subscription to ZoomFlix at anytime. To cancel, first login to ZoomFlix.com, and then click the "Your Account" tab and follow the instructions under the heading "Cancel Membership". ZoomFlix.com will not process cancellations by any other means than previously stated. All cancellations must be made before your billing date, establised by the first billing of your credit card by ZoomFlix.com. We do not provide refunds or credits for any partial monthly subscription periods or any cancellations made on or after your billing date. All unpaid membership fees must be paid upon cacellation. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your credit card being billed for such items. If your credit card cannot be billed for unreturned DVDs or unpaid membership fees, you are required to make alternate arrangements for payment with ZoomFlix customer support. In the event you fail to pay the monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of ZoomFlix.com or fail to return any DVDs that were sent to you, ZoomFlix may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by ZoomFlix.com to collect such fees, including reasonable attorney’s fees and expenses and such fees and expenses incurred by ZoomFlix.com personnel in the collection of such fees.
Account Access
In order to provide you with ease of access to your account, ZoomFlix, Inc. will place a cookie (a small text file) on any computer from which you access the ZoomFlix.com website. When you revisit the ZoomFlix.com website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Renting DVDs
Rental requests are fulfilled Monday to Saturday (excluding statutory holidays). You can view current rentals by visiting your Playlist after logging in on the ZoomFlix website. All DVDs remain the property of ZoomFlix.com at all times. You may not copy or alter any rented DVDs in any manner. In order to avoid damage to the DVDs, please handle them with care. Do not use any type of solution to attempt to clean ZoomFlix.com DVDs. Never keep DVDs in direct sunlight or near sources of heat. Always keep the DVDs in their rental sleeves when not in use. Please report any damaged DVDs to ZoomFlix.com immediately by logging in on the ZoomFlix website and going to the Your Account page. ZoomFlix.com reserves the right to charge the current recommended retail price of any DVD that is returned in a non re-usable condition (reasonable wear and tear excepted). The recommended retail price constitutes the most competitive retail price available to ZoomFlix.com at that time. ZoomFlix.com will contact you to discuss this before charging your credit card or debiting your chequing account.
Occasionally DVDs may be lost during the shipping process. In the event that this occurs, ZoomFlix.com may, in its sole discretion, send a replacement of the DVD and require you to complete a lost or stolen DVD form to minimize search occurrences and to assist in tracing incidents. A copy of this form may be provided to Canada Post Corporation and to police authorities for investigation. ZoomFlix.com reserves the right to charge the current recommended retail price of any DVD that is lost or stolen. The recommended retail price constitutes the most competitive retail price available to ZoomFlix.com at that time. ZoomFlix.com will contact you to discuss this before charging your credit card or debiting your chequing account.
Disclaimers of Warranties and Limitations on Liability
The ZoomFlix.com website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the ZoomFlix.com website or its contents. We assume no liability or responsibility for any errors or omissions in the content of the ZoomFlix.com website, any failures, delays, or interruptions in the delivery of any content contained on the ZoomFlix.com website, any losses or damages arising from the use of the content provided on the ZoomFlix.com website, or any conduct by users of the ZoomFlix.com website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall ZoomFlix.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
Copyright
All content included on the ZoomFlix.com website, including text, graphics, logos, designs, photographs, button icons, images, audio /video clips, digital downloads, data compilations, and software, is the property of ZoomFlix, Inc. or its suppliers and is protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of ZoomFlix, Inc. and protected by Canadian and international copyright laws. They should not be reproduced or used without express written permission from ZoomFlix.com.
Trademarks
ZoomFlix is a registered trademark of ZoomFlix, Inc. ZoomFlix.com and other marks indicated on our site are trademarks of ZoomFlix, Inc. All ZoomFlix.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of ZoomFlix, Inc. ZoomFlix's trademarks and trade dress may not be used in connection with any product or service that is not ZoomFlix's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZoomFlix. All other trademarks not owned by ZoomFlix that appear on the ZoomFlix.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZoomFlix. Any images of persons or personalities contained on the ZoomFlix.com website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Entertainment and website Content
We distribute movie, television, and other filmed entertainment. In addition, the ZoomFlix.com website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the ZoomFlix.com website are those of the respective authors or producers and not of ZoomFlix, Inc. or its shareholders, directors, officers, or employees. Under no circumstances shall ZoomFlix, Inc. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the ZoomFlix.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ZoomFlix.com website.
We permit you to post reviews on the ZoomFlix.com website in accordance with the procedures established on the ZoomFlix.com website and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false email address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the ZoomFlix.com website; however, we reserve the right to remove or edit such content at anytime without notice.
Use of Information Submitted
ZoomFlix, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the ZoomFlix.com website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ZoomFlix.com website or other websites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Your Conduct on the ZoomFlix.com website
By accessing the ZoomFlix.com website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ZoomFlix.com website. You also agree not to interfere with the servers or networks connected to the ZoomFlix.com website or to violate any of the procedures, policies or regulations of networks connected to the ZoomFlix.com website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the ZoomFlix.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the ZoomFlix.com website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to use the ZoomFlix service. Unless otherwise specified, the content on the ZoomFlix.com website is for your personal and non-commercial use and we grant you a limited license to access the ZoomFlix.com website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the ZoomFlix.com website without our express written consent. Any unauthorized use of the ZoomFlix.com website or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the ZoomFlix.com website may lead to other websites that are not controlled by, or affiliated with, ZoomFlix, Inc. In addition, other websites may link to the ZoomFlix.com website. ZoomFlix.com has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
Gift Certificates
We may from time to time offer for sale on the ZoomFlix.com website various Gift Certificates redeemable for the ZoomFlix service. These Gift Certificates are subject to the terms and conditions stated on the Gift Certificate as well as any additional terms and conditions set forth on the "Gift Certificate" page. ZoomFlix reserves the right, from time to time, with or without notice to you, to change the Terms and Conditions set forth on the "Gift Certificate" page.
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