Acceptance of Terms of Use
www.cineflix.ch, also referred to as Cineflix" is a Worldwide Web site, owned and operated by Patrick Banzigou. By accessing this Web site, you agree and accept to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access the Cineflix Web site or service.
You hereby affirm that you are 18 years of age and that you are capable of lawfully entering into this agreement. These Terms of Use are an active and ongoing contract between you and Cineflix, and you should read them carefully. Your use of the Cineflix service and Web site is subject to these Terms of use.
Changes to Terms of Use
Cineflix may modify these Terms of Use from time to time, with or without notice to you, in its sole and absolute discretion. Any such modifications will supercede all previous versions and be effective immediately. You agree to review these Terms of Use periodically and your continued use of the Cineflix Web site and service means that you are in acceptance and agree to be bound by these modified Terms of Use.
Privacy
Any personally identifiable information that you submit on the Cineflix Web site is subject to our Privacy Policy. Cineflix's personal information practices are governed by our Privacy Policy. Please review our Privacy Policy to understand our practices. Changes to Cineflix's Privacy Policy will occur from time to time.
How Our Service Works
Cineflix is an online subscription movie rental service providing its members with access to: motion picture, television, and other recorded entertainment on DVD or Blu-ray discs (either format referred to herein as "DVD"). The description herein or any description of how our service works does not represent the format in which our service will always work. Our service regularly undergoes changes and we reserve the right in our sole and absolute discretion to make these changes at any time with or without notice to our members. The most current version will supercede all previous versions. These changes will not always be evident in our Terms of Use.
Cineflix provides different membership plans to accomodate a variety of movie watching preferences. Monthly plans are available at different price levels plus applicable taxes with a set amount of DVDs rentable under each plan. The plan selection is offered to you at the time of registration or re-registration. These plans allow members to select DVDs from the Web site, have them shipped via Swiss Post, and return them in postage paid envelopes provided, with no due dates, late fees, or shipping charges. When a DVD is received by Cineflix, the next available title in line that is posted in the member's queue is mailed. However, Cineflix reserves the right to determine product allocation among members in its sole and absolute discretion. In determining product allocation, we may use different factors which include, but not limited to the number and type of DVDs you rent and the membership plan you select, During the course of your membership you may experience differentiated service as a result of your viewing habits and our operational practices. There is no limit to the amount of DVDs you can rent in a month with our unlimited plans, but the actual number of DVDs you rent in any month will vary. If you have the maximum number of Cineflix rentals allowed by your plan, no additional DVDs will be shipped until you return one or more of the rentals. You can view or change your plan by clicking on the "My Account" link at the top of the pages of the Cineflix Web site if your current plan is not fulfilling your movie watching needs.
Shipping and Delivery
Your DVD rentals will be shipped via Swiss Postal Service .Cineflix reserves the right to process orders, allocate and ship DVDs to our membes in any manner that we, in our sole and absolute discretion, determine. The movies that you select to rent from the Cineflix Web site is placed into your personal queue. You may review, add or delete movies from your queue at any time by clicking on the "My Queue" link at the top of the pages of the Cineflix Web site. These movies are shipped to you according to the priority in which you list them. While our goal is to ship you the DVDs listed highest in your queue, we may not always send you the top choices from your queue. We will ship you DVDs listed lower in your queue when availability is limited. We reserve the right, in our sole and absolute discretion, to determine the quantity of DVDs we purchase for any particular movie. As a result of our operational practices, we may not always ship out your next DVD on the same day that we receive one from you. Cineflix makes no guarantee with respect to DVD delivery times. We receive the returned DVDs from you via Swiss Post and process them Monday through Saturday, except holidays. We will send an email to you soon after processing your next delivery letting you know the estimated day of delivery. Any adjustments made to your queue may not immediately impact your next delivery. Factors that may affect delivery times include, but are not limited to, (i) circumstances impacting delivery by the Swiss Postal Service, (ii) the distance between the DVD distribution center and your delivery address, (iii) the placement and adjustment of movies in your queue, (iv) unforeseen failure of our computer systems. We reserve the right to change our operational practices regarding delivery, allocation and shipping without notice. It is your responsibility to review the Terms of Use frequently for changes and updates. You may keep the DVDs delivered to you as long as you like, provided you continue to be a paying member of our service. Other than "Cancel Membership' or "Put on Hold", there are no required return dates or late fees. You are required to return the DVDs within 7 days following cancellation of the service or putting your membership on hold. You will be charged for unreturned DVDs. We may replace the occasional lost DVD free of charge but, in the event the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and charge your payment method for the estimated cost of the lost DVD(s). You hereby authorize us to charge your payment method for any lost DVD(s).
Cancellation
You may cancel your membership with Cineflix anytime. However, cancellation will take effect upon the return of all DVDs and your payment method will continue to be charged until all DVDs are returned. We do not provide credits or refunds for any partial-month membership periods or unwatched movies. To cancel, click on the "My Account" link at the top of the pages of the Cineflix Web site and follow the instructions for cancellation under the heading "Cancel Membership." You are given 7 days to return any outstanding DVD rentals.
Termination
We reserve the right to suspend, restrict or terminate your account and the use of the Cineflix service without notice to you for any or no reason whatsoever.
Membership and Billing
You may have only one Cineflix membership per e-mail address at any one time. However, you may upgrade or downgrade your membership plan. We will begin billing your Payment Method for the monthly membership fees that correspond to the plan that you select at the start of your membership when you sign up. Your membership will continue in effect unless and until you cancel your membership or we terminate it. By starting your Cineflix membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Cineflix service, to the Payment Method you provided during registration or re-registration (or to a different Payment Method if you change your account information). Additional charges may include, but is not limited to movies you fail to return. 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 membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter, unless and until you cancel your membership. You must cancel your membeship before it renews each month to avoid billing of the next month's membership fees to your Payment Method. By clicking on the "My Account" link at the top of the Cineflix Web site pages you can see the commencement date for your next renewal period in the "Payment and Billing Information" section. Your Payment Method will be charged automatically each month on the calendar day corresponding to the commencement of your membeship. 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. The amount billed each month may vary from month to month for reasons that include, but is not limited to, changes in your membership plan, changes in the amount of applicable sales tax, charges for lost DVDs and charges for DVDs not returned upon cancellation or termination of your membership. You hereby acknowledge the varying amounts and authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may provide a bonus disc or other consideration to our members at any time and for any reason, and the amount and the decision to provide them is at our sole and absolute discretion. One instance of such consideration does not entitle you to future considerations, either similar or different. This does not obligate us to provide such considerations now or in the future, under any circumstances. We reserve the right to change the fees and charges in effect, or add new fees or charges from time to time, in our sole and absolute discretion. If there is a change in your Payment Method validity or expiration date, or if you want to use a different Payment Method, you may edit your Payment Method information by clicking on the "My Account" link at the top of the Cineflix Web site pages and then click on "Change Payment and Billing Information." You authorize us to continue billing your Payment Method and you remain responsible for any uncollected amounts if your Payment Method is expired and you do not edit your Payment Method information or cancel your membership.
Links
The Cineflix Web site may contain links to or references to third party Web sites and/or other applications that may be owned or operated by such third parties that are not related to, associated with or sponsored by Cineflix. These links are provided for your convenience only and Cineflix is not responsible for and does not endorse the contents of such links and/or applications or any third party products or services. Cineflix has not reviewed these third party Web site links and/or application and Cineflix disclaims all liability arising from your use of these links and/or applications. You hereby acknowledge and agree that Cineflix is not responsible or liable for the actions of these third parties, the products or contents on the Web sites or the performance of any applications or devices. Any information, opinions, recommendations, products or services provided by such third parties are solely those of such third parties and not of Cineflix or its affiliates. Your use of such third party Web sites is subject to the terms and conditions of use and the privacy policies of such Web sites. You may choose at your sole discretion and risk to interact with such links and/or applications.
Obligation; Identity Protection
You agree to provide true, current, accurate and correct information about yourself and to maintain and update registration information to keep it true, accurate, current and complete. If Cineflix has reasonable grounds to suspect that such information is untrue, inaccurate, not current and incomplete, Cineflix has the right to suspend or terminate your account and refuse any and all current or future use of the account. You are solely 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 information including, but not limited to, your login and password information. It is also your responsibility to restrict access to your computer or mobile device and you hereby agree to take full responsibility for the actions of other people to whom you have disclosed your account information including, but not limited to, your login and password information. A cookie, which is placed on your computer, helps Cineflix recall certain items of your specific information on subsequent visits, including your login name and password. When you revisit the Cineflix Web site, this cookie will enable us to recognize you as the account holder so that it is not necessary for you to enter your user identification or your password. While cookies are a convenience, please be aware that if you select the "Remember Me" option anyone who can access the computer from which you access your Cineflix Web site will be able to view your account. If you have discovered that you are a victim of identity theft and it involves a Cineflix account, you should notify customer service by selecting the "Contact Us" link at the bottom of the pages of the Cineflix Web site and complete the contact form. You should also report this instance to your local law enforcement agency. Cineflix reserves the right in its sole and absolute discretion to place any account on hold anytime, with or without notification to the member, in order to protect itself and its affiliates from what it believes to be fraudulent activities. Cineflix is not abligated to credit or discount any membership for holds placed on the account. In using the Cineflix Web site, you agree that you will not impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or to access the accounts of others without permission, or to attempt to penetrate security measures of the Cineflix Web site, service or another entity. You also agree that you will not engage in activities intended to withhold or mask identity or contact information, send harassing and/or threatening messages to others, post escessive responses to interactive features of the Cineflix Web site, or engage in "flooding", i.e., sending large amounts of mail repeatedly to the same e-mail address.
Fraudulent or abusive practices such as repeatedly falsely reporting DVDs as damaged or stolen may result not only in cancellation of your membership and charges to your Payment Method, but also in actions by Cineflix for recovery of civil damages as well as recommendation for criminal prosecution. By accessing the Cineflix Web site you agree to use the Cineflix service including, but not limited to, all DVDs, features, functionalities, contents and Web site access, in accordance with applicable laws, rules and regulation. In addition, you agree that in using the Cineflix Web site you will not 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 Cineflix Web site. You also agree not to interfere with, disrupt or harm in any way the servers or networks connected to the Cineflix Web site or service or to violate any of the procedures, policies or regulations of networks connected to the Cineflix Web site. You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, libelous, invasive or in any manner vulgar, or offensive while using the Cineflix Web site and service. You also agree not to disseminate or transmit personally identifiable information including, but not limited to, images belonging to minors.
As part of your relationship with Cineflix, you hereby agree to receive communications from Cineflix including, but not limited to, notices about your account, agreements, disclosures, and pertinent marketing and promotional offers. We may send these materials via postal mail, using the shipping address you provided, or we may use your e-mail address to send you newsletters. In addition, our DVD mailers may also contain these marketing and promotional items.
Limitations on Use
The use of the Cineflix service requires that you must be 18 years of age or older. Children under the age of 18 may use the service with the consent or involvement of a parent or legal guardian in accordance with these Terms of Use. Cineflix does not intentionally collect information from children under the age of 13, and where appropriate, children will be instructed not to provide such information to Cineflix. Unless otherwise specified, the Cineflix Web site and DVD rental service are for your personal and non-commercial use only and we grant you a limited license to access the Cineflix Web site and service for that purpose. You may not download, copy, scan, modify, transmit, perform, display, reproduce, duplicate, publish, license, sell or distribute in any way information contained on, or obtained from the Cineflix Website including, but not limited to, information contained within members' queue, or store in part or whole any information on your hard drive (except as cached by your Web browser), CD ROMS, DVDs or other mediums, except as permitted in writing by Cineflix or under applicable law. You also agree not to infringe or violate any party's copyright, trademark, patent or proprietary right including, but not limited to, using third party copyrighted materials without appropriate permission. You do not have the right to use the Cineflix Web site to publish Web pages that initiate downloads of copyright infriging or other illegal materials. Cineflix does not promote the copying of DVDs or any digitally delivered content and you will be held legally responsible for any unauthorized use of the Cineflix Web site.
Unsolicited Submissions
Cineflix does not accept, by any means of transmission, any unsolicited materials in any form whatsoever including, but not limited to creative, marketing or advertising suggestions for use or publication. If you choose to forward to us any such submission, then you do so with the understanding that such submission has not been requested by us and no additional consideration of any sort will be provided to you. You acknowledge that no confidential relationship has been established or is to be implied in any way from our receipt of such submission and Cineflix is not liable for any use, disclosure or return to you of your submission. You agree to waive any claim against Cineflix and its affiliates regarding the use of such submission even if any material or idea is used that is similar to your submission and you agree that you are not entitled to any compensation from us based on your submission(s). Further to this, Cineflix is free to use any information including, but not limited to, comments, ideas, concepts or techniques you may send to Cineflix, by responding to questionnaires or posting feedbacks on the Cineflix Web site, and you grant us a perpetual, non-exclusive, royalty-free irrevocable license to use, display, reproduce or modify the information submitted in any media, software or technology that exists presently or that will exist in the future. Any previous, concurrent or subsequent submitted materials shall be considered to have been submitted in accordance with these conditions. While we encourage you to be careful when returning DVDs and other items to us, you hereby expressly release us from any liability arising from the receipt of any personal CDs, DVDs or other items inadvertently submitted to us in our postage paid envelopes as part of our rental return process.
Intellectual Property
The materials contained within or displayed on the Cineflix Web site and delivered to members as part of the Cineflix service and includes, without limitation, DVDs, site software, design, text, graphics, artwork, photographs, illustrations, editorial materials, audio clips, video clips, short features, names, logos, trademarks, icons, images, and data compilations are the Cineflix., herein referred to as Cineflix, or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. You agree not to use or reproduce any content included on the Cineflix Web site without express written permission from Cineflix or its suppliers, The use of the Cineflix service is solely for your personal and non-commercial use and you may not reproduce, copy, modify, create derivative works from, display, perform, distribute or broadcast any material to any third party including, without limitation, the display and distribution of materials via a third party Web site. You further agree that you will not disassemble, decompile or reverse engineer any software or materials accessible through the Cineflix Web site, or insert any code or product or manipulate the content of the Cineflix Web site in any way and not to use any data mining, data gathering or extraction method. Cineflix reserves the right, in its sole and absolute discretion, to terminate your membership if you are in violation of these conditions that include, but not limited to, the copying of DVDs rented to you by us, or other unauthorized use of our proprietary content. Cineflix has patent and/or trademarks pending that apply to the Cineflix Web site, service and operation.
Disclaimers of Warranties
THE CINEFLIX WEB SITE, SERVICE AND ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, ALL DVDS, FEATURES AND FUNCTIONALITIES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. CINEFLIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CINEFLIX WEB SITE, SERVICE OR ITS CONTENTS. CINEFLIX DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE CINEFLIX WEB SITE OR SERVICE INCLUDING, BUT NOT LIMITED TO, SHIPMENT OF DVDS WILL BE WITHOUT ERRORS OR INTERRUPTIONS, CORRUPTIONS, LOSS, ATTACK, VIRUSES, HACKING, INTERFERENCE OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. CINEFLIX DISCLAIMS LIABILITY FOR THE USE OF ANY APPLICATION AND ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, DAMAGE OR DEFECTS OCCURED OR CAUSED DURING SHIPMENT, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND COMPLETENESS ARISING FROM OR RELATING TO THE CINEFLIX WEB SITE, LINKS, ITS CONTENTS, SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. FURTHER, CINEFLIX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT AND YOU AGREE THAT CINEFLIX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE CINEFLIX WEB SITE OR SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU.
Limitations of Liabilities
IN NO EVENT SHALL CINEFLIX, ITS AFFILIATES, SHAREHOLDERS AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE (jointly or severally) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS OR ANY OTHER DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CINEFLIX WEB SITE, SERVICE OR ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, RECOMMENDATIONS APPEARING ON THIS WEB SITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE, LINKS, YOUR ACCOUNT OR PASSWORD. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEB SITE. YOU AGREE THAT YOU WLL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE CINEFLIX WEB SITE.
You agree to indemnify and hold harmless Cineflix and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liabilities and expenses, including all legal fees and costs arising from or relating to your breach of these Terms of Use and your use of the Cineflix Web site, service and its contents including, but not limited to, DVDs, features and functionalities. This provision shall survive the termination of your right to use this Web site.
Claims of Copyright Infringement
Cineflix does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Cineflix Web site, please notify us at the address specified below by submitting a signed written notice and containing the following:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work claimed to have been infringed;
• Identification and location of the material on the Cineflix Web site that is claimed to be infringing;
• Contact information such as your address, telephone number and e-mail address;
• A statement that you have a good faith or belief that the use of the material(s) in question is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of the copyright.
Cineflix shall have the right to terminate the account of any member who posts infringing material. Mail to: Cineflix
Dispute Resolution
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the courts of switzeland, without regard to its conflict of laws provisions. In the event of any dispute, claims or controversies, whether in contract and whether pre-existing, present or future, arising out of or relating to these Terms of Use or the Cineflix Web site, service or any relationship resulting from these Terms of Use, (including third parties who are not party to these Terms of Use), or subsequent legal action, you agree to only assert claims in an individual basis and that you will seek or agree to serve on behalf of yourself only. You also agree, to the extent permitted by applicable law, to waive any right you may have to commence or participate in any class-action or class-wide arbitration against Cineflix or its affiliates related to any claim.
Service Testing
The Cineflix Web site and service undergoes various testing from time to time including, but not limited to, information, pricing, delivery, plans and promotions, and we reserve the right to include you in or exclude you from these tests without notice. The Cineflix Web site may include publications with typographical errors or technical inaccuracies that may be corrected as they are discovered when testing, updates or changes are periodically made.