Agreement to Terms and Conditions
These Terms and Conditions are a binding Agreement between you and KineticFlix. Please read them carefully.
KineticFlix is an online DVD rental business owned and operated by elles, LLC, dba KineticFlix. By accessing any areas of KineticFlix.com, you agree to be legally bound and to abide by these Terms and Conditions.
By electronically submitting an order via KineticFlix.com Web site, you agree to be bound by all of the current terms and conditions related to the purchase or rental of KineticFlix products and services. Your KineticFlix.com order will not be confirmed or processed unless you consent to be bound by these Terms and Conditions.
KineticFlix reserves the right to reject any submission deemed to be in violation of these Terms and Conditions, or any incomplete or illegal submission.
These Terms and Conditions are subject to change at any time, with changes effective as soon as we notify you.
You certify that you are at least eighteen years old and are capable of lawfully entering into this agreement. KineticFlix products and rental services are only available to those eighteen years and above because some states limit the enforceability of contracts with those less than eighteen years of age. You accept responsibility for your children's actions and agree to be bound by these Terms and Conditions if you let your children browse KineticFlix.com and select videos for rental.
Care of Rental Merchandise
Our company can remain in business only if we are able to rent our DVDs multiple times. You agree to treat the DVDs accordingly, caring for them with the respect and careful handling that you would any of your own prized possessions.
Memberships are non-refundable. You may cancel your subscription at any time by emailing us at info@KineticFlix.com or by phoning us at 406.493.6778. Subscription fees include first class, pre-paid postage for return of DVDs.
You agree that the following fees will be incurred by you as a member:
- Membership fees. You are responsible for paying monthly membership fees according to the prevailing billing terms (your selected package). Membership fees are non-refundable.
- Automatic renewal of membership fees. Membership fees are renewed automatically (and therefore your credit card will be debited) at the end of the selected time period, for a like period of time, unless notice is received from you at least seven days prior to renewal. If your credit card is expired and you still have our DVDs in your possession, we have the right to extend the expiration date?and continue your membership.
As a member, you may change your package at any time. Upgrades in packages will result in billing only the difference of the plans in the current month of upgrade. Downgrades in subscriptions will affect the next billing cycle. No refunds for partial months of service will be credited. In either of these two cases, future billing cycles will be billed at the new rate.
You may cancel your membership at any time. Cancellations take place as soon as we receive back all of our DVDs. No refunds or credits will be given for partial months of use. All rented DVDs must be returned to KineticFlix prior to cancellation of your recurring billing. Any unreturned rentals will be subject to restocking fees based on the manufacturer's suggested retail price for the DVD.
Processing and delivery times may in practice limit the number of DVDs you can rent each month.
KineticFlix owns only lawfully made copies of the DVDs it rents. Your possession of a KineticFlix rental DVD does not authorize you to copy it or to show it publicly. You agree to respect the copyrights of the copyright owner, including that you will not upload, post, reproduce, or distribute in any way content protected by copyright without obtaining permission of the copyright owner or as permitted by law (Title 17 of the US Code, sections 106-122).
Private viewing is of course allowed, and you may play the DVDs privately as many times as you want before returning them.
KineticFlix takes copyrights very seriously, as they allow artists to receive income from their creative efforts. This allows them to continue producing more quality products. As artists ourselves, we will cooperate fully with any copyright infringement investigation.
All Web site design, text, graphics the selection and arrangement thereof and all software is Copyright ? 2009, KineticFlix. 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 KineticFlix is strictly prohibited.
KineticFlix.com, the KineticFlix leaping x logo and other logos are service marks of KineticFlix, as are all page headers, custom graphics and button icons. All other trademarks, product names and company names cited herein are the property of their respective owners. No license is being provided to use any of these trademarks or service marks.
You acknowledge that www.KineticFlix.com contains information, data, software photographs, graphs, digital video disks, video compact disks, 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 as developed. All Content is copyrighted as a collective work under the U.S. Copyright laws and KineticFlix owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, nor create derivative works from, nor in any other way exploit any of the Content, in whole or in part.
Our Website contains robot exclusion files, and you agree that you will not use robot, spider, any 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 KineticFlix.com site or any auction that may be conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Linked Sites and Third Party Content
We may provide links to other Websites. KineticFlix has no control over the contents of those sites and makes no representations concerning the accuracy of those sites, nor the privacy policies or those other site owners and administrators. Any opinions, advice, statements, services, offers, or other information that constitutes part of the KineticFlix.com content that is provided by a third party are those of the respective distributors and not of KineticFlix. Under no circumstances will KineticFlix or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a KineticFlix.com user's reliance on information obtained through KineticFlix.com.
KineticFlix online rights
KineticFlix will electronically monitor the User submission areas of the site, and may subsequently disclose any Content, in one of the following situations: 1) to satisfy any law, regulation or government request; 2) if such disclosure is necessary or appropriate to operate KineticFlix.com, or 3)to protect the rights or property of KineticFlix, its users, sponsors, providers, licensors or merchants.
We provide an opportunity for our subscribers to contribute reviews of our products and other information to be posted in our calendar and feedback sections, using a provided interface. You agree if you do make such a submission that you give your permission for it to be publicly posted on the site, in part or total, and that your submission may be edited for length or word choice or other content.
KineticFlix is not responsible for screening, policing, editing or monitoring User submitted Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, KineticFlix may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from KineticFlix.com.
KineticFlix reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to other visitors and subscribers, KineticFlix, the communities which make up KineticFlix, or any rights of KineticFlix or any third party, or to violate any law. KineticFlix cannot guarantee prompt editing or removal of questionable Content after online posting. KineticFlix will not assume liability for any action or inaction with respect to conduct, communication or Content on KineticFlix.com.
Termination of Usage
KineticFlix may terminate your access, or suspend your access to all or part of KineticFlix.com, without notice, for any conduct that KineticFlix, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, KineticFlix affiliates or KineticFlix.
You agree not to use KineticFlix 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 place an 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 you can be traced.
Special Offers and Invitations
Invitations and special offers are available only for first-time KineticFlix customers, unless stated otherwise on the offer. Each promotion code is limited to one per household and cannot be combined with any other offer or offers. Offers are valid only within the United States , 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.
KineticFlix 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. KineticFlix DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, KineticFlix 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 KineticFlix 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 no 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.