Acceptance of Terms of Use

These Terms of Use govern your use of the Canflix.com Web site services. By using, visiting, or browsing the Canflix Web site, 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 Canflix.com Web site.

Changes to Terms of Use

Canflix, 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 Canflix.com web site. The most current version of the Terms of Use will supercede all previous versions. Your use of the Canflix website and/or services after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the Canflix.com web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Joining Canflix

Customers must be at least 18 years of age or older, be a resident of Canada with a valid Canadian address, and have a valid credit card in order to join Canflix. You agree to provide true, accurate, current and correct information about yourself. You also agree to maintain and update your information on your Account page.

Membership and Billing

You can find the specific details regarding your subscription with Canflix at anytime by clicking on the "Account" tab, located at the top of the pages of the Canflix.com Web site.

Free Trials

We encourage the use of our service through free trials. To view the specific details regarding your free trial, if any, please visit your Current Membership Terms page in your Account.

Free trials are only available to first time customers of the Canflix service and cannot be combined with any other offer. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for approximately one month of service. In some instances, your available balance or credit limit may reflect the authorization, however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

Your free trial entitles you, during the term of your free trial, to the same service provided to our paying subscribers.

We will begin billing your Payment Method for monthly subscription fees for the Canflix Standard Program (currently $21.95) and any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. Visit your Current Membership Terms page in your Account to view the end date of your free trial period. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for the Canflix Standard Program until you cancel. The Canflix 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. Such a subscription is cancelable at anytime. Click the "Account" button for cancellation instructions.

Billing

As a subscriber to Canflix, you agree that we are permitted to charge or debit, as applicable, your Payment Method a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of Canflix. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. Visit your Current Membership Terms page in your Account to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. Visit your Current Membership Terms page in your Account to see the commencement date of your membership with Canflix. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a member on January 31st, your Payment Method would be billed on February 28th. All fees and charges are nonrefundable. 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 Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Account" button, available at the top of the pages of the Canflix Web site.

Automatic Renewals

Your Canflix subscription will be automatically renewed on a monthly basis. For your convenience, we will bill the monthly subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method 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 Payment Method.

Delivery and Return of Rented Disks

We use Canada Post, first-class postage prepaid, to delivery and return the discs you have selected to rent. Actual delivery times may vary for you depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order and (iv) circumstances impacting delivery by Canada Post. We will send you an e-mail letting you know when we have shipped your disc and the anticipated time of delivery.

Cancellation

As noted above, you may cancel your subscription to Canflix at anytime. To cancel, click the "Account" tab and follow the instructions under the heading "Cancel Your Rental Membership." We do not provide refunds or credits for any partial monthly subscription periods. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items.

Sale of Previously Viewed Titles

We offer select previously-viewed titles for sale through Canflix.com. Click on the "Flixshop" tab at the top of the Canflix.com web site to view the titles that are available for sale. The titles available for sale may change from time to time and are subject to continued availability.

We sell these previously-viewed titles to members only. To make a purchase, just click "Buy" next to your chosen title and confirm your purchase as instructed. Your DVD purchase can be charged to your existing Payment Method or a diferent Payment Method and can be shipped to any location in Canada. Applicable taxes and shipping & handling will be added to the purchase price, but there are no other additional charges. The title will be shipped in a DVD case with its original cover artwork.

If for any reason you are not satisfied with any DVD that you purchase from us, we will replace it or provide you a refund, all in accordance with the following policy:

If the movie you ordered arrives damaged or is lost on its way to you we will send out a replacement. To report lost or damaged DVDs, send an email to shipping@canflix.com. We will send a replacement to you. If you subsequently receive the lost DVD, please return it to us with its artwork and case in the envelop you received it in. We reserve the right to limit replacements sent if we believe, in our sole and absolute discretion, that a request for replacements is in connection with any fraud or other deceitful activity.

If you decide you want to return the movie for a refund we must receive notification of your intent to return within 15 business days of the date of our initial shipment to you to process your refund. To notify us of your intent to return, please send an email to support@canflix.com. We will issue a credit to your billing method on record and email you a confirmation. Then, please mail a copy of the confirmation email along with the movie, artwork and case to the return address listed here: http://www.canflix.com/home/contactus.aspx. Please note that we do not process exchanges; if you would like to purchase a different title, please treat that as a new purchase.

Account Access

In order to provide you with ease of access to your account, Canflix.com will place a cookie (a small text file) on any computer from which you access the Canflix.com Web site. When you revisit the Canflix.com web site, 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.

Disclaimers of Warranties and Limitations on Liability

The Canflix Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Canflix Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Canflix Web site, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained on the Canflix Web site, any losses or damages arising from the use of the content provided on the Canflix Web site, or any conduct by users of the Canflix Web site. We reserve the right to ship discs in our sole discretion. 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 Canflix, 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 Canflix.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Canflix, 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 Canflix, Inc. and protected by Canadian and international copyright laws. They should not be reproduced or used without express written permission from Canflix, Inc.

Trademarks

Canflix is a registered trademark of Canflix, Inc. All Canflix graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Canflix, Inc. Canflix's trademarks and trade dress may not be used in connection with any product or service that is not Canflix's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Canflix. All other trademarks not owned by Canflix that appear on the Canflix Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Canflix. Any images of persons or personalities contained on the Canflix Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Entertainment and Web Site Content

We distribute movie, television, and other filmed entertainment. In addition, the Canflix Web site 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 Canflix Web site are those of the respective authors or producers and not of Canflix, Inc. or its shareholders, directors, officers, or employees. Under no circumstances shall Canflix, 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 Canflix Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Canflix Web site.

We permit you to post reviews on the Canflix Web site in accordance with the procedures established on the Canflix Web site (Click the Member Reviews link on any movie page for a link to view procedures) 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 e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Canflix Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted

Canflix is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Canflix, including, without limitation, responses to questionnaires or through postings to the Canflix Web site 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 Canflix Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Your Conduct on the Canflix.com Web Site

By accessing the Canflix Web site, 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 Canflix Web site. You also agree not to interfere with the servers or networks connected to the Canflix Web site or to violate any of the procedures, policies or regulations of networks connected to the Canflix.com Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Canflix Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Canflix.com Web site for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to use the Canflix service. Unless otherwise specified, the content on the Canflix Web site is for your personal and non-commercial use and we grant you a limited license to access the Canflix.com Web site 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 Canflix Web site without our express written consent. Any unauthorized use of the Canflix.com Web site 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 Canflix.com Web site may lead to other Web sites that are not controlled by, or affiliated with, Canflix, Inc. In addition, other Web sites may link to the Canflix.com Web site. Canflix has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Gift Subscriptions

We offer for sale on the Canflix.com Web site various Gift Subscriptions redeemable for the Canflix service. These Gift Subscriptions are subject to the terms and conditions set forth on the "Gift Subscription" page.