OVERVIEW:
YOU AGREE TO BE BOUND BY THE
PornFlix TERMS AND CONDITIONS by using the PornFlix Web
Site.
PornFlix is a world wide web site owned and
operated by MovieFlixl.ca. By accessing any areas of
PornFlix.ca, users ("Users") agree to be legally bound
and to abide by the terms and conditions set forth
herein (the "Terms and Conditions").
User hereby affirms and warrants that User is
currently over the age of eighteen years (21 in some
areas) and are capable of lawfully entering into this
agreement.
By electronically submitting an order via the
PornFlix.ca web site, User is agreeing to be bound by
all of PornFlix then current terms and conditions
related to the purchase or rental of PornFlix products.
User's PornFlix.ca order will not be confirmed or
processed unless User consents to be bound by the Terms
and Conditions. The Terms and Conditions shall be
governed and interpreted by the laws of British
Columbia, without regard to conflicts of law principles.
ACCESS:
User must be 18 years of age or older (21 in some
areas) to receive a membership and become a User.
User agrees to be personally liable and fully
indemnify PornFlix for any and all damages directly,
indirectly and/or consequentially resulting from any
attempted or actual unauthorized downloading or other
duplication of materials from PornFlix, alone or with,
or under the authority of, any other person(s),
including, without limitation, any governmental
agency(ies), wherein such damages include, without
limitation, all direct and consequential damages
directly or indirectly resulting from unauthorized
downloading of materials from this adult service
including, but not limited to, damages resulting from
loss of revenue, loss of property, fines, attorney's
fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed
seizure(s), forfeiture(s), and/or injunction(s).
MEMBERSHIP:
Membership dues are non-refundable. Members may
cancel themselves at any time online by going to the
cancellation page.
Some or all of the following fees and charges may be
incurred by you: a. Subscription Fees. You are
responsible for paying periodic subscription fees
according to the then-current billing terms.
Subscription fees are non-refundable. AUTOMATIC RENEWAL
- Subscription fees are automatically renewed, and
therefore automatically credit card or check debited, at
the end of the original term selected, for a like period
of time, unless proper notice is received from the
Subscriber at least seven (7) days prior to renewal. b.
Full payments for all goods and services ordered at,
through and/or from this adult service and its
licensees.
COPYRIGHTS:
All web site design, text, graphics, the selection
and arrangement thereof, and all software Copyright
©-2004, PornFlix. ALL RIGHTS RESERVED. Any other use of
materials on this web site--including reproduction for
purposes of modification, distribution, or
republication--without the prior written permission of
PornFlix is strictly prohibited.
TRADEMARKS:
PornFlix, PornFlix.ca, and all page headers, custom
graphics and button icons are service marks, trademarks,
and/or trade dress of PornFlix. All other trademarks,
product names and company names or logos cited herein
are the property of their respective owners.
DISCLAIMERS:
PornFlix IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS"
AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO THIS SITE OR ITS CONTENTS. PornFlix
DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, PornFlix DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. Price and availability information
is subject to change without notice.
IN NO EVENT SHALL PornFlix BE LIABLE 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. Because some states do
not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by
law.
CONTENT:
Proprietary Rights:
User acknowledges that PornFlix.ca contains information,
data, software, photographs, graphs, digital video
discs, video compact discs, videos, typefaces, graphics,
music, sounds and other material (collectively
"Content") that are protected by copyrights, trademarks,
trade secrets or other proprietary rights, and that
these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under
the Canadian Copyright laws and PornFlix owns a
copyright in the selection, coordination, arrangement
and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create
derivative works from or in any way exploit, any of the
Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of
select portions of the Content, provided that the copies
are made only for User's personal use and that User
maintains any notices contained in the Content, such as
all copyright notices, trademark legends or other
proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use
privilege under the Canadian copyright laws, User may
not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the
copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed
by the software license agreement accompanying such
software.
Our web site contains robot exclusion files, and you
agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy
our web pages or the content contained herein without
our prior expressed written permission. You agree that
you will not use any device, software, or routine to
interfere or attempt to interfere with the proper
working of the PornFlix.ca site or any auction being
conducted on our site. You agree that you will not take
any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
Much of the information on our site is updated on a
real-time basis and is proprietary or is licensed to
PornFlix by our users or third parties. You agree that
you will not copy, reproduce, alter, modify, create
derivative works, or publicly display any content
(except for Your Information) from our web site without
the prior expressed written permission of PornFlix or
the appropriate third party.
ALL PERFORMERS IN ALL OF THE DVDS DISTRIBUTED BY
PornFlix ARE 18 YEARS OF AGE OR OLDER.
THIRD PARTY CONTENT:
PornFlix is a distributor and not a publisher of
Content supplied by third parties and Users. PornFlix
has no more editorial control over such Content than
does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other
information that constitutes part of Content expressed
or made available by third parties, including third
party content providers ("Providers"), merchants
("Merchants"), sponsors ("Sponsors"), licensors,
("Licensors"), or any other User of PornFlix.ca are
those of the respective authors or distributors and not
of PornFlix or its affiliates, or any of their
respective officers, directors, employees or agents.
Neither PornFlix or its affiliates or any of their
respective officers, directors, employees or agents nor
any third-party, including any Provider, Merchant,
Sponsor, Licensor or any other User of PornFlix
guarantees the accuracy, completeness, or usefulness of
any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content
available through PornFlix represents the opinions and
judgments of the respective Provider, Merchant, Sponsor,
Licensor or User not under contract with PornFlix.
PornFlix neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or
statement made on PornFlix.ca by anyone other than
authorized PornFlix employees. Under no circumstances
shall PornFlix or its affiliates, or any of their
respective officers, directors, employees or agents be
liable for any loss or damage caused by a User's
reliance on information obtained through PornFlix.ca. It
is the responsibility of User to evaluate the
information, opinion, advice, or other Content available
through PornFlix.
PornFlix Online Rights:
PornFlix may elect to electronically monitor the User
submit areas and may disclose any Content, records or
electronic communication of any kind (i) to satisfy any
law, regulation or government request, (ii) if such
disclosure is necessary or appropriate to operate
PornFlix.ca, or (iii) to protect the rights or property
of PornFlix, its Users, Sponsors, Providers, Licensors
or Merchants.
PornFlix is not responsible for screening, policing,
editing, or monitoring such Content. If notified of
allegedly infringing, defamatory, damaging, illegal or
offensive Content, PornFlix may investigate the
allegation and determine in its sole discretion whether
to remove or request the removal of such Content from
PornFlix.ca.
PornFlix reserves the right to prohibit conduct,
communication, or Content which it deems in its sole
discretion to be harmful to individual Users, PornFlix,
the communities which make up PornFlix, or any rights of
PornFlix or any third party, or to violate any
applicable law. Notwithstanding the foregoing, neither
PornFlix nor its Providers, Merchants, Sponsors, or
Licensors can ensure prompt editing or removal of
questionable Content after online posting. Accordingly,
neither PornFlix or its Affiliates, or any of their
respective officers, directors, employees, or Agents
nor, Provider, Merchant, Sponsor or Licensor shall
assume liability for any action or inaction with respect
to conduct, communication, or Content on PornFlix.
TERMINATION OF USAGE:
PornFlix may terminate User access, or suspend any
User's access to all or part of PornFlix, without
notice, for any conduct that PornFlix, in its sole
discretion, believes is in violation of any applicable
law or is harmful to the interests of another User, a
third-party Provider, a Merchant, a Sponsor, a Licensor,
a service provider or PornFlix.
MISCELLANEOUS:
Users may not use PornFlix to send unsolicited
advertising, promotional material, or other forms of
solicitation to other Users except in those specified
areas that are designated for such a purpose.
It is a crime to use a false name or a known invalid
credit card to order. Anyone caught willfully entering
an erroneous or fictitious order will be prosecuted.
Each electronic entry carries the computer coding of the
internet provider through which the individual User can
be traced.
PornFlix Service Terms and Conditions
You must agree to these terms and conditions before
you can become a member of this site.
Access and Membership:
"By subscribing to this adult service ("PornFlix"), I
("Subscriber") agree to be bound by all the terms and
conditions set forth in this agreement (the
"Agreement"). The parties to this Agreement are myself
(the Subscriber) and PornFlix. This Agreement is subject
to change by PornFlix at any time, and changes are
effective upon notice to the Subscriber.
"In order for me to become a member, I must be at
least 18 years of age or older (21 in some areas). I
certify that I am 18/21 years of age or older (21 in
some areas) and are capable of lawfully entering into
this agreement.
"PornFlix reserves the right to reject submission
deemed to be in violation of these terms and conditions,
or any incomplete or illegal submission.
"Processing and delivery times may in practice limit
the number of movies Subscriber can rent each month.
BILLING:
"Subscriber will be billed a flat fee including
taxes, if applicable, once a month and Subscriber may
cancel at any time.
" Subscriber's membership fees includes ALL postage and
handling charges.
"Any applicable sales tax will be added to
Subscriber's monthly membership fee.
PLANS:
"Subscriber may change plans at any time.
"Upgrades in plans will only result in billing the
difference of the plans.
"Downgrades in plans will affect the next billing cycle.
No refunds for partial months of use will be credited.
"Future billing cycles will be billed at the new rate.
CANCELLATIONS:
"Subscriber may cancel online anytime.
"Cancellations take effect immediately. No refunds or
credits will be given for partial months of use.
"All rented movies must be returned to PornFlix within 1
week of cancellation.
"After Cancellation any unreturned rentals will be
subject to standard PornFlix restocking fees based on
the Manufacturer's Suggested Retail Price for the disc.
SPECIAL OFFERS AND INVITATIONS:
"Invitations and special offers are available only
for first-time PornFlix customers, unless stated
otherwise on the offer.
"Each promotion code is limited to one per household and
cannot be combined with any other offer(s).
"Offers are valid only in the United States and its
Territories, are not transferable and are void where
taxed or otherwise prohibited by law.
"Once redeemed, all promotional offers are final and are
not eligible for refund or return.
MISCELLANEOUS:
"I agree to be personally liable and fully indemnify
PornFlix for any and all damages directly, indirectly
and/or consequentially resulting from my attempted or
actual unauthorized downloading or other duplication of
materials from PornFlix.ca, alone or with, or under the
authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such
damages include, without limitation, all direct and
consequential damages directly or indirectly resulting
from unauthorized downloading of materials from
PornFlix.ca, but not limited to, damages resulting from
loss of revenue, loss of property, fines, attorney's
fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed
seizure(s), forfeiture(s), and/or injunction(s).
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