>>TERMS OF USE
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Acceptance of Terms of Use Acceptance of Terms of UseThese ‘Terms of Use’ govern your use and navigation of the DVDLink.ca service and Web site. By using, visiting, or browsing the DVDLink.ca Web site, you accept and agree to be bound by these Terms of Use. If you disagree please do not use the DVDLink.ca service or Web site. These Terms of Use are an ongoing contract between you and DVDLink.ca and apply to your use of the DVDLink.ca service and Web site. Since these Terms of Use affect your rights, hence you should read them very carefully.Top Changes to Terms of UseDVDLink.ca Inc., reserves the right to change these Terms of Use in our sole and absolute discretion, with or without notifying you. The "Terms of Use" document linked to our website is the latest and the only version in affect. The hyperlink is placed at the foot of the DVDLink.ca Web site. Your use of the DVDLink.ca Web site or continued use of our service after changes are made means that you agree to such changes.Top PrivacyAny information submitted on the DVDLink.ca Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of last updating of our Privacy Policy is noted at the end of our Privacy Policy.Top Our Service Works Like ThisDVDLink.ca is an online movie rental service providing access to a large collection of movies, television sitcoms and gaming entertainment to its paying members. We offer a range of membership plans to suit everyone’s needs, including special promotional plans or subscriptions with limitations. Under all plans, members select titles at our Web site, receive them on Disc(s) by Canada Post and return them using prepaid envelops, with no due dates, late fees or shipping charges. After a title is returned, we mail the next available title from your queue. Very soon we will be adding another feature, with which you may also use our instant viewing feature to watch certain titles on your computer. Below is a brief description of the operation of our Disc(s)rental service. We reserve sole and absolute discretionary right to make changes in how we operate our service, from time to time and without notice.
We decide how, when and from where to ship Disc(s) to our members; We decide how many copies of each Disc(s) we need to purchase and at which location we would stock them; We decide how many staff members we allocate to each distribution centre; We determine how to process orders, allocate and ship Disc(s) among our subscribers;
Send you the top choices from your Queue; Ship out your next Disc(s)on the same day that we receive one from you; Process orders from your local distribution centre; In determining priority for shipping and inventory allocation, we may utilize many different factors, the number and type of Disc(s) you rent through our service, the subscription plan you select, as well as other uses of our service by you. For example: if all other factors are the same, we give priority to those members who receive the fewest Disc(s) through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of Disc(s) you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes:
Membership and BillingYou can find the specific details regarding your subscription with DVDLink.ca at anytime by clicking on the "Your Account" link, located at the top of the pages of the DVDLink.ca Web site.Top Free TrialsWe encourage all to use our free trial to test our service;
YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT YOUR PAID SUBSCRIPTION HAS BEGUN. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY DVDLink.ca WEB PAGE FOR CANCELLATION INSTRUCTIONS. Top After Free TrialWe will charge your Payment Method on a monthly basis until you cancel. You may cancel your subscription at anytime. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).Top BillingBy using the DVDLink.ca service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the DVDLink.ca service. Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on the "Your Account" page 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. 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 paying member on January 31st, your Payment Method would next be billed on February 28th. Your Payment Method will be authorized for approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial period. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. 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 e-mail. 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 "Your Account" button, available at the top of the pages of the DVDLink.ca Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.Top Automatic RenewalsYour DVDLink.ca subscription will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax 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 each month in order to avoid billing of the next month's subscription fees to your Payment Method.Top CancellationYou may cancel your subscription to DVDLink.ca at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." 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. We will send you a reminder email concerning unreturned discs prior to charging your Payment Method.We reserve the right to terminate your account for any or no reason. Top Member ReviewsWe permit you to post reviews on the DVDLink.ca Web site and to post a photo or image that you have chosen to identify yourself in connection with your Account profile. We do not regularly review the content posted on the DVDLink.ca Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's creative personnel; misleading information regarding the origin of the content; or a discussion of DVDLink.ca policies or services. Please click on the "Member Reviews" link on any movie page for a link to the guidelines for writing and posting member reviews. In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of or owned by any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason. Please also see "Use of Information Submitted" below. By submitting a review, you understand and are permitting that all information provided in your review will be posted on our Web site. Also, when you have reviewed a movie, we will display your movie ratings. We supply a pseudonym on your behalf so that this information is not personally identifiable. You always have the opportunity to update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings on our Web site. In accordance with our Privacy Policy, DVDLink.ca only provides your personally identifying information with your consent, which is evidenced by your use of the member reviews feature in connection with your chosen or real name.BY PROVIDING YOUR CHOSEN OR REAL NAME IN CONNECTION WITH YOUR MEMBER REVIEWS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOUR REVIEWS AND RATINGS ON OUR WEB SITE. Top Account Access; Identity ProtectionIn order to provide you with ease of access to your account, DVDLink.ca will place a cookie (a small text file) on any computer from which you access the DVDLink.ca Web site. When you revisit the DVDLink.ca 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 updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the DVDLink.ca Web site. If you find that you're a victim of identity theft and it involves a DVDLink.ca account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. DVDLink.ca reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DVDLink.ca is not obligated to credit or discount a membership for holds placed on the account by either a representative of DVDLink.ca or by the automated processes of DVDLink.ca.Top Disclaimers of Warranties and Limitations on LiabilityTHE DVDLink.ca SERVICE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE DVDLink.ca SERVICE, THE WEB SITE AND ITS CONTENTS.We assume no liability or responsibility for any errors or omissions in the content of the DVDLink.ca Web site, recommendations or advice of Customer Service, any failures, delays, or interruptions in the shipment of Disc(s), delivery of any content contained on the DVDLink.ca Web site, including any instantly-viewable titles, any losses or damages arising from the use of the content provided on the DVDLink.ca Web site, actions recommended or taken by Customer Service, or the DVDLink.ca service itself, including any losses or damages arising from the downloading and/or use of the DVDLink.ca Movie Viewer Software, the remote desktop tool offered by Customer Service, or any other software or any conduct by users of the DVDLink.ca service or Web site. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, 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. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon DVDLink.ca or its affiliated parties. In no event shall DVDLink.ca, its directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, 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 the DVDLink.ca Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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. Top Intellectual Property
Top Entertainment and Web Site ContentWe distribute movie, Games , TV-Series and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the DVDLink.ca 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 DVDLink.ca Web site are those of the respective authors or producers and not of DVDLink.ca, or its directors, officers, or employees. Under no circumstances shall DVDLink.ca, or its directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the DVDLink.ca Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DVDLink.ca Web site.Top Use of Information SubmittedDVDLink.ca, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to DVDLink.ca ("Content"), including, without limitation, responses to questionnaires or through postings to the DVDLink.ca 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 DVDLink.ca Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note DVDLink.ca does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DVDLink.ca. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against DVDLink.ca and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Occasionally we are able to identify personal CDs, Disc(s) or other items inadvertently submitted to us as part of our rental return process. In such instances, we will attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. We encourage you to be careful in returning items to us in our postage paid envelopes.Top Service TestingFrom time to time, we test various aspects of our service, including service levels, plans, promotions, features, title availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.Top Electronic CommunicationsBy using the DVDLink.ca service, you consent to receiving electronic communications from DVDLink.ca. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with DVDLink.ca and you receive them as part of the DVDLink.ca subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.Top Customer ServiceIf you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative. In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.Top Your Conduct on the DVDLink.ca Web SiteBy accessing the DVDLink.ca Web site, you agree to use the DVDLink.ca service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail 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 DVDLink.ca Web site. You also agree not to interfere with the servers or networks connected to the DVDLink.ca Web site or to violate any of the procedures, policies or regulations of networks connected to the DVDLink.ca Web site. You also agree not to impersonate any other person while using the DVDLink.ca Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the DVDLink.ca Web site for any unlawful purpose.Top Limitations on UseYou must be 18 years of age or older to subscribe to the DVDLink.ca service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While DVDLink.ca does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the DVDLink.ca Web site is for your personal and non-commercial use and we grant you a limited license to access the DVDLink.ca Web site for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of 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 DVDLink.ca Web site without our express written consent. DVDLink.ca does not promote, foster or condone the copying of Disc(s), digitally delivered content, or any other infringing activity. Any unauthorized use of the DVDLink.ca Web site or its contents will terminate the limited license granted by us.Top Sale of Previously Viewed TitlesWe offer select previously viewed titles for sale through our Web site. Click on the "Disc(s) Sale" link at the top of any DVDLink.ca Web page 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 Disc(s) purchase will be charged to your existing Payment Method and will be shipped for free to the current address in "Your Account." Applicable taxes will be added to the purchase price, but there are no other additional charges. The title will be shipped in a Disc case with its original cover artwork. We guarantee the quality and playability of every previously viewed Disc you purchase from us for 3 months from date of purchase. We also guarantee that your purchase will arrive with its original cover art and case in good condition. If your purchase arrives damaged or if you find that the disc is unplayable in your Disc player, we will replace it for free or give you a full refund. If you wish to return a previously viewed Disc(s) that you purchased, please visit the Billing Activity page in Your Account, find the movie in question and click "report a problem," and follow the instructions provided.Top Right To TerminateWe reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.Top LinksSome of the hyperlinks and banners on the DVDLink.ca Web site may lead to other Web sites that are not controlled by, or affiliated with, DVDLink.ca. In addition, other Web sites may link to the DVDLink.ca Web site. DVDLink.ca has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.Top Gift SubscriptionsWe offer for sale on the DVDLink.ca Web site various Gift Subscriptions redeemable for the DVDLink.ca service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Purchase" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.Top Claims of Copyright InfringementIt is the policy of DVDLink.ca to respect the intellectual property rights of others. DVDLink.ca does not promote, foster or condone the copying of Disc(s) or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the DVDLink.ca Web site, or know of someone who is making unauthorized use of the content of the DVDLink.ca Web site, please notify us of your concern by submitting a written notice to us at the following address: service@DVDLink.caYour notice must be signed and contain the following:
Top Disputes; Governing LawThese Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to conflicts of laws provisions. You and DVDLink.ca agree that the Canada District Court for the INSERT DISTRICT COURT JURISDICTION HERE shall have exclusive jurisdiction over any dispute between you and DVDLink.ca relating in any way to the DVDLink.ca service or Web site or these Terms of Use. You and DVDLink.ca expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.Top Terms and Conditions last updated March 10, 2010. |



