Acceptance of Terms of Use

Welcome to CINEMAil.ca! These Terms of Use govern your use of the CINEMAil.ca website and services. By visiting the CINEMAil.ca website and subscribing to our online DVD rental service, you agree to the following terms of use. Please read them carefully.

Changes to Terms of Use

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

Privacy

Any information submitted on the CINEMAil.ca website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Joining CINEMAil.ca

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 CINEMAil.ca. 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.

Delivery of DVDs

CINEMAil.ca uses Canada Post, first class postage pre-paid, to deliver rented DVDs to and receive rented DVDs from you. Return postage of rented DVDs is paid by CINEMAil.ca. Actual delivery times may vary 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 email letting you know when we have shipped your DVD. CINEMAil.ca is not responsible for delayed or misdirected mail.

Free Trial and Membership Plans

We encourage the use of our service through a two-week free trial. Your free trial entitles you, during the term of your free trial, to the same service provided to our paying members. The free trial is available to new first-time members only. You must have Internet access and a valid credit card to commence a free trial. Upon registering for your free trial, your credit card will be preauthorized for the cost of one month of service. Please note that preauthorization may result in an amount equivalent to the monthly fee for our standard membership plan being reserved on your card for a limited time. No charges, however, will be made against the card unless you do not cancel prior to the end of your two-week free trial period. Previous members do not qualify for a free trial period. Only one free trial may be redeemed per household or per individual. Subsequent free trials at the same mailing address, or by the same individual, or by another member of the same household will be permitted only at the discretion of CINEMAil.ca. Any attempt to obtain an additional free trial without authorization by CINEMAil,ca by any means, including, but not limited to, the provision of false or misleading information, will result in the immediate cancellation of your membership and such further action against you as CINEMAil.ca deems necessary, including, but not limited to, the institution of civil and/or criminal proceedings. You can find the specific details regarding your free trial by visiting the How It Works page.

We will begin billing your credit card for monthly membership fees for the CINEMAil.ca subscription of your choice at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR TWO-WEEK FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD.

During the life of your membership, we will continue to bill your credit card on a monthly basis for the CINEMAil.ca standard plan (or such other membership plan offered by CINEMAil.ca which you select) until you cancel. The CINEMAil.ca standard program is a month-to-month membership that allows members to rent as many DVDs as they want in a month, with up to three titles out at a time, with no late fees or due dates and free shipping both ways. In addition to the standard plan, CINEMAil.ca offers alternative plans to meet your viewing needs and budget. You can find specific details on all plans offered by CINEMAil.ca by visiting the Your Account page and clicking on MY SUBSCRIPTIONS. Should you choose an alternate plan that is a higher level than the your current plan it will take effect immediately.

Your CINEMAil.ca membership is cancelable at any time. Visit the UPDATE/CANCEL ACCOUNT page and click on CANCEL ACCOUNT.

Copying or Altering DVDs

You acknowlege that all DVDs are the property of CINEMAil.ca. You may not copy or alter any rented DVD in any way. You acknowledge that CINEMAil.ca has no right to grant a license or any intellectual property right whatsoever in the work embodied in any rented DVD or in the performance thereof. You agree to limit your use of all rented DVDs to performing the DVD in a private non-commercial setting. You acknowledge that it is your sole responsibility to obtain all requisite permission from the owner of the copyright if you chose to perform or authorize the performance of the work embodied in any rented DVD in a manner other than a private non-commercial setting.

Fulfilling Rental Requests

Rental requests are fulfilled Monday to Friday, except holidays. We will send you a confirmation email when you return a DVD and when we send you another DVD. You can view current rental items by visiting My Rentals.

Caring for Rented DVDs, Damaged Rental DVDs

Please handle the DVDs with care so as not to damage them. Do not use any type of solution on CINEMAil.ca DVDs. Never keep DVDs in direct sunlight or heat. Always keep the DVDs in their rental sleeves when not in use. You undertake to treat the DVDs and their packaging with the utmost care at all times. Please report damaged DVDs to CINEMAil.ca immediately through the Your Account page or by checking the appropriate spot on their rental sleeve. CINEMAil.ca reserves the right to charge the current retail price for any DVD that is not returned to CINEMAil.ca upon termination of membership or which is returned in a non re-usable condition (reasonable wear and tear excepted). The price charged will equal to the retail price posted on major online retail websites in Canada. CINEMAil.ca will contact you to discuss this before charging your credit card.

Lost DVDs

Occasionally you may misplace a rented DVD while in your possession. If you have lost a DVD, you must report it lost to CINEMAil.ca as soon as possible. CINEMAil,ca will charge your account for the retail value of the DVD and continue providing future rentals on an ongoing basis. Should you refuse to pay the retail value of the DVD which you have lost, CINEMAil.ca may suspend or cancel your membership in its sole discretion and take such steps as necessary to recover the cost of the lost DVD, including, but not limited to, the institution of legal proceedings against you. Refusing to pay for a DVD which you have lost will be considered a material breach of these terms of use.

Occasionally rented DVDs may be lost in transit. CINEMAil.ca treats reports of such incidents very seriously and will work with you to find the source of the lost DVD.  In cases where DVDs have been reported not received, CINEMAil.ca reserves the right to suspend service until a lost item has been found to be not your fault or you finally receive the DVD. CINEMAil.ca may, in its sole discretion, resume service and send a replacement of the lost DVD, discontinue service indefinitely, or cancel your membership and charge you the retail price of any DVD that is lost. CINEMAil.ca will contact you to discuss this before charging your credit card.

Membership Fees and Billing

Following your free trial, if any, you will automatically become a member of CINEMAil.ca's standard membership plan unless you cancel your membership prior to the end of the free trial. You may change your membership plan at any time by visiting the Your Account page. As a member of CINEMAil.ca, you agree to pay a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of CINEMAil.ca. You also agree that we are permitted to charge your credit card a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of CINEMAil.ca. Your CINEMAil.ca membership will be automatically renewed on a monthly basis. Your membership will automatically renew for successive months, 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 monthly membership fees to your credit card. The membership fee will be billed at the beginning of your membership (following any free trial) and on each monthly renewal thereafter unless and until you cancel. Visit the Your Account to see the commencement date of your membership with CINEMAil.ca and for your next renewal period. 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 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 change your method of payment, use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by visiting the Your Account page. 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 CINEMAil.ca, CINEMAil.ca may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by CINEMAil.ca to collect such fees, including reasonable attorney’s fees and expenses and such fees and expenses incurred by CINEMAil.ca personnel in the collection of such fees.

Canceling the Service by the Member

You may cancel your membership to CINEMAil.ca at anytime. To cancel, visit the Your Account page and follow the instructions under the heading "Cancel Membership." We do not provide refunds or credits for any partial monthly membership periods. Upon cancellation, you will be given seven business days to return any outstanding rentals. Failure to return such rentals will result in your credit card being charged for such items.

Right to Cancel by CINEMAil.ca

CINEMAil.ca reserves the right, at any time, to cancel the membership of any member with or without reason in CINEMAil.ca's sole discretion. Including having an unreasonable number of lost movies without compensation to Cinemail.ca for lost items.

You agree that your failure to abide by any provision of these terms of use may be considered by CINEMAil.ca to be a material breach of these terms of use and that we may provide to you a written notice to the last e-mail address for you on record with CINEMAil.ca describing this breach to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to CINEMAil.ca, that you have not breached these terms of use, CINEMAil.ca may cancel your membership without further notice. CINEMAil.ca will not refund any membership fees paid by you prior to the cancellation of your membership for breach of these terms of use. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

CINEMAil.ca respects and protects the intellectual property rights associated with the DVDs. Accordingly, and notwithstanding the foregoing, CINEMAil.ca will cancel the membership of any member who copies, alters or performs the DVDs in a manner which violates the terms of use herein.

Upon cancellation of your membership, you will be given seven business days to return any outstanding rentals. Failure to return such rentals will result in your credit card or chequing account being charged the retail value for such items.

Electronic Communications

By accessing this website or sending electronic mail to CINEMAil.ca you are communicating with CINEMAil.ca electronically and by doing so, you agree to receive communications from CINEMAil.ca electronically, including any notice required to be provided pursuant to these terms of use.

Limitations on Use

Unless otherwise specified, all content on the CINEMAil.ca website is for your personal and non-commercial use and we grant you a limited license to access the CINEMAil.ca 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 CINEMAil.ca website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.

Disclaimers

THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE AND THROUGH THE CINEMAil.ca PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND CINEMAil.ca, EXCEPT AS OTHERWISE PROHIBITED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CINEMAil.ca DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON OR AVAILABLE THROUGH THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OR AVAILBLE THROUGH THE CINEMAil.ca WEBSITE OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED OR MADE AVAILABLE HEREIN, OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE. CINEMAil.ca ASSUMES NO LIABILITY WHATSOEVER FOR THE PUBLIC PERFORMANCE OR THE AUTHORIZATION OF SUCH A PERFORMANCE OF ANY WORK EMBODIED IN ANY RENTAL DVD.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

WHILE CINEMAil.ca TAKES GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.

ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

CINEMAil.ca RESERVES THE RIGHT TO LIMIT QUANTITIES.

Limitation of Liability

In no event shall CINEMAil.ca or other third parties identified at this website be liable to any party for any special, direct, indirect, incidental or consequential damages of any kind, or any damages whatsoever, including without limitation, damages resulting from loss of use, data or profits or business interruption, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use, inability to use, or the results of use of this website, any websites linked to this site, or the materials or information or services contained or available herein, whether based on warranty, contract, tort, statute or any other legal theory. If your use of the materials, information or services from this website result in the requirement to service, repair or correct equipment or data, you assume all costs and risks.

Indemnity

You agree to release, indemnify and hold CINEMAil.ca, our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, relating to or arising from your membership or use of your membership or any CINEMAil.ca services. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by CINEMAil.ca to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your membership or use of your membership or any services offered by CINEMAil.ca, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

Advertisement of Programs are Not Offers to Sell or Rent

The advertisements on this website are invitations to participate in the free trial and membership plan by signing up and submitting your orders, and are not offers to sell or rent DVDs. Your fully and properly completed and submitted order constitutes your offer to rent DVDs, and your submitted order shall be deemed accepted by CINEMAil.ca only upon CINEMAil.ca providing an order acceptance notice to your email address.

Copyright and Trade Marks

Copyright © 2004-2005 CINEMAil.ca Inc. All rights reserved. All content on the CINEMAil.ca website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of CINEMAil.ca Inc. or its suppliers and is protected by Canadian and international copyright laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.

Entertainment and Website Content

The CINEMAil.ca website allows you and other third parties to post reviews, ratings and 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 CINEMAil.ca website are those of the respective authors or producers and not of CINEMAil.ca Inc. or its shareholders, directors, officers, or employees. Under no circumstances will CINEMAil.ca 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 CINEMAil.ca website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the CINEMAil.ca website. We permit you to post reviews on the CINEMAil.ca website in accordance with the procedures established on the CINEMAil.ca 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 CINEMAil.ca website; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted

CINEMAil.ca Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the CINEMAil.ca 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 CINEMAil.ca 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 CINEMAil.ca Website

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

Links

Some of the hyperlinks on the CINEMAil.ca website may lead to other websites that are not controlled by, or affiliated with, CINEMAil.ca Inc. In addition, other websites may link to the CINEMAil.ca website. CINEMAil.ca has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

General

This website is administered from the offices of CINEMAil.ca Inc. in Winnipeg, Manitoba, Canada. Access to the materials or services from territories where the contents of this website are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, U.S. export laws and regulations. If you access this website, you do so on your own initiative and risk and you are responsible for compliance with all applicable local laws.

You are authorized to view the materials on this website for personal, informational and non-commercial uses only. Reproduction without the express written permission of CINEMAil.ca is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of the terms of use and legal restrictions, your authorization to use this website automatically terminates.

The terms of use set out herein are governed by and will be construed in accordance with the laws of the Province of Manitoba and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to these Terms of Use or to any services offered by CINEMAil.ca will be brought and heard in Winnipeg, Manitoba.