Site Terms and Conditions of Use
Terms of Service
Audiovisual works of varied durations and formats (“Films”) may from time to time be made available to you (“you” or “User”) by TK Digital Corp. or its corporate affiliates (collectively, “us”, “we”, “Japan Flix” or “the Company”) through Japan Flix’s web site (the “Site”). When purchasing any Films through the Japan Flix website, you signify that you have read, understand and agree to be bound by the Terms of Service in effect at the time of purchase (“Terms of Service”).
These Terms of Service are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site or the Social Network. Therefore, you should review these Terms of Service prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Service, do not make any purchases on the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To rent a film on the Site you must be a registered user of either the Site. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all activities that occur under your account. The Company rents its Films only to those users who can legally make purchases with a credit card. If you are under 18, you may rent from the Site only with the involvement of a parent or guardian.
JAPAN FLIX RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS OR TERMINATE ACCOUNTS, AT ANY TIME IN ITS SOLE DISCRETION.
Payment Method and Terms
We accept Visa, MasterCard, Discover, and JCB, credit cards and certain debit cards, as forms of payment. By submitting an order through The Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the rental amount. All payments are to be made in United States Dollars.
Regarding any Film that you rent through the Site, you acknowledge and agree that upon making such Films available to you (or to their intended authorized recipients), Japan Flix will have fully satisfied its obligation to deliver or otherwise provide such Films, regardless of any failure or inability to view such Films.
Although we are committed to preserving a wonderful user experience, under no circumstances do you acquire rights to delivery of any FREE Films and content. Due to system configurations, it is possible that you may have access to a Film for a period longer than you paid for. Any such access is purely coincidental and additional access does not obligate Japan Flix to provide additional access at any other time.
Product and Service Descriptions and Availability, Errors
Company may revise, discontinue or modify certain Films at any time without prior notice to customers, and certain or all Films may become unavailable without notice. Company shall have no liability of any kind if a Film that has been ordered is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Site; however we do not warrant that any Film or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a Film or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your credit card.
No Right to Continued Service
You acknowledge that Japan Flix licenses some or all of the Content under agreement with third parties, and that Japan Flix is constantly administering the Service, including the Usage Rules. Japan Flix may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Service, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Service to the same extent – or at all – as prior to such change or discontinuation, and (b) that Japan Flix shall have no liability to you in such case. In no event will Japan Flix be liable for the removal of or disabling of access to any Content, materials or functionality of the Service. Japan Flix may also impose limits on the use of or access to certain features or portions of the Content or the Service, in any case and without notice or liability.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your rental. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
You understand that through your use of the Service you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Service at your sole risk and that TK Digital shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Japan Flix reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Japan Flix and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Japan Flix and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Japan Flix or its affiliates for all claims resulting from content you supply. Japan Flix has the right but not the obligation to monitor and edit or remove any activity or content. Japan Flix takes no responsibility and assumes no liability for any content posted by you or any third party.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by Japan Flix or any third party without obtaining prior written consent of the owner of such proprietary rights.
Copyrights. All content on japanflix.com, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2010 TK Digital Corp., or are the proprietary property of Japan Flix’s affiliates or licensors, and are protected by United States and international copyright laws. All rights reserved. Copyrights in the films that are sold on japanflix.com are held by their respective owners.
The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Japan Flix’s prior written permission.
Trademarks. All trademarks on japanflix.com are either trademarks or registered trademarks of Japan Flix or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Japan Flix. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Japan Flix or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Japan Flix. Other trademarks, registered trademarks, product names, and company names or logos displayed on japanflix.com are the property of their respective owners.
Consent to Electronic Communications and Email Solicitation
JAPAN FLIX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE.
FILMS ARE PROVIDED OR RENTED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL JAPAN FLIX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF JAPAN FLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Links and Third Party Content
Japanflix.com may provide, or third parties may provide, links to other World Wide Web resources. Because Japan Flix has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from japanflix.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from japanflix.com or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
Choice of Law and Forum: By visiting japanflix.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Japan Flix or its affiliates.
Japan Flix may terminate this Agreement, or terminate or suspend your access to japanflix.com at any time, with or without cause, with or without notice.