Terms and Conditions

Acceptance of Terms of Use
Welcome to MaleDVD.ca! These Terms of Use govern your use of the MaleDVD.ca website and services. By visiting the MaleDVD.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
MaleDVD.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 & Conditions" hyperlink located at the bottom of the pages of the MaleDVD.ca website. The most current version of the Terms of Use will supercede all previous versions. Your use of the MaleDVD.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 MaleDVD.ca website is subject to our Privacy Policy.

Privacy Policy
We guarantee that every transaction you make at maledvd.ca will be 100% safe.

When you provide personal information to us online, it is encrypted through secure server technology using Secure Socket Layers (SSL). SSL is the industry standard and among the best software available today for secure commerce transactions.

Encryption ensures that transactions are confidential - no one but us can access your personal information and credit card number. Basically, encryption works by "scrambling" the message or text during its travel from your computer to our server. This makes it virtually impossible for your information to be stolen or intercepted while being transferred over the Internet.

After you type your card number and send the information, the number is transferred to a secure section of our server.

We will consistently ensure that your contact information and credit card transactions are completely secure and safe through the most advanced technology employed by the industry.

We do not sell, trade or rent your personal information to others. We may provide aggregate statistics about customers, sales, traffic patterns and related Web site information to reputable third parties, but these statistics will include no personally identifying information.

All documents received containing customer information is cross-cut shredded when it has been discarded.

Joining MaleDVD.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 MaleDVD.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
MaleDVD.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 MaleDVD.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 and the anticipated time of delivery. MaleDVD.ca is not responsible for delayed or misdirected mail.

Membership Plans
During the life of your membership, we will continue to bill your credit card on a monthly basis for the MaleDVD.ca INTRO PROGRAM (or such other membership plan offered by MaleDVD.ca which you select) until you cancel. The MaleDVD.ca INTRO PROGRAM is a month-to-month membership that allows members to rent as many DVDs as they want in a month, with up to two titles out at a time, with no late fees or due dates and free shipping both ways. In addition to the INTRO PROGRAM, MaleDVD.ca offers alternative plans to meet your viewing needs and budget. You can find specific details on all plans offered by MaleDVD.ca by visiting the HOW IT WORKS page. Should you choose an alternate plan, the plan will take effect on the next monthly renewal date for your membership. Your MaleDVD.ca membership can be cancelled at any time. Visit the Your Account page for cancellation instructions.

Copying or Altering DVDs
You acknowledge that all DVDs are the property of MaleDVD.ca a division of VM MEDIA INC. You may not copy or alter any rented DVD in any way. You acknowledge that MaleDVD.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. 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 Queue List.

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 MaleDVD.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 MaleDVD.ca immediately via email to defects@maledvd.ca. MaleDVD.ca reserves the right to charge the current retail price for any DVD that is not returned to MaleDVD.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. MaleDVD.ca will contact you to discuss this before charging your credit card.

Lost DVDs
Occasionally, you may misplace a rented DVD. If you have lost a DVD, you must report it lost to MaleDVD.ca as soon as possible. MaleDVD.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, MaleDVD.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 or stolen. MaleDVD.ca treats reports of such incidents very seriously, and requires completion of a Lost or Stolen DVD Form, to assist authorities in investigating such incidents and to minimize future occurrences. A copy of this form will be provided to Canada Post Corporation and to police authorities for investigation. In cases where DVDs have been reported lost or stolen, MaleDVD.ca reserves the right to suspend service until a Lost or Stolen DVD Form has been signed and returned to MaleDVD.ca, whereupon MaleDVD.ca may, in its sole discretion, resume service and send a replacement of the lost or stolen DVD, discontinue service indefinitely, or cancel your membership and charge you the retail price of any DVD that is lost or stolen. MaleDVD.ca will contact you to discuss this before charging your credit card.

Membership Fees and Billing
You may change your membership plan at any time by visiting the Your Account page. As a member of MaleDVD.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 MaleDVD.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 MaleDVD.ca. Your MaleDVD.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. All movies must be returned within 7 business days of cancellation to avoid additional charges to your credit card.  The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel. Visit the Your Account to see the commencement date of your membership with MaleDVD.ca and for your next renewal period. We will automatically charge your credit card account 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 MaleDVD.ca, MaleDVD.ca may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by MaleDVD.ca to collect such fees, including reasonable attorney’s fees and expenses and such fees and expenses incurred by MaleDVD.ca personnel in the collection of such fees.  Excessive declines will result in MaleDVD.net adding a service charge to compensate for lost time and monies.

Cancelling the Service by the Member
You may cancel your membership to MaleDVD.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 or chequing account being charged for such items.

Right to Cancel by MaleDVD.ca
MaleDVD.ca reserves the right, at any time, to cancel the membership of any member with or without reason in MaleDVD.ca's sole discretion. If such cancellation takes place during a billing period for a reason other than a breach of these terms of use by the member, MaleDVD.ca will refund any pre-paid membership unutilized at the time of cancellation.

You agree that your failure to abide by any provision of these terms of use may be considered by MaleDVD.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 MaleDVD.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 MaleDVD.ca, that you have not breached these terms of use, MaleDVD.ca may cancel your membership without further notice. MaleDVD.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.

MaleDVD.ca respects and protects the intellectual property rights associated with the DVDs. Accordingly, and notwithstanding the foregoing, MaleDVD.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 MaleDVD.ca you are communicating with MaleDVD.ca electronically and by doing so, you agree to receive communications from MaleDVD.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 MaleDVD.ca website is for your personal and non-commercial use and we grant you a limited license to access the MaleDVD.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 MaleDVD.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 MALEDVD.CA PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND MALEDVD.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. MALEDVD.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 MALEDVD.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. MALEDVD.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 MALEDVD.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.

MALEDVD.CA RESERVES THE RIGHT TO LIMIT QUANTITIES.

Limitation of Liability
In no event shall MaleDVD.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 MaleDVD.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 MaleDVD.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 MaleDVD.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 MaleDVD.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 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 MaleDVD.ca only upon MaleDVD.ca providing an order acceptance notice to your email address.

Copyright and Trade Marks
Copyright © 2005-2007 MaleDVD.ca a division of VM MEDIA INC. All rights reserved. All content on the MaleDVD.ca website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of VM MEDIA 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 MaleDVD.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 MaleDVD.ca website are those of the respective authors or producers and not of VM MEDIA INC. or its shareholders, directors, officers, or employees. Under no circumstances will VM MEDIA 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 MaleDVD.ca website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the MaleDVD.ca website. We permit you to post reviews on the MaleDVD.ca website in accordance with the procedures established on the MaleDVD.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 MaleDVD.ca website; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted
MaleDVD.ca Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the MaleDVD.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 MaleDVD.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 MaleDVD.ca Website
By accessing the MaleDVD.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 MaleDVD.ca website. You also agree not to interfere with the servers or networks connected to the MaleDVD.ca website or to violate any of the procedures, policies or regulations of networks connected to the MaleDVD.ca website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the MaleDVD.ca website, conduct yourself in a vulgar or offensive manner while using our service, or use the MaleDVD.ca website for any unlawful purpose.

Links
Some of the hyperlinks on the MaleDVD.ca website may lead to other websites that are not controlled by, or affiliated with, VM MEDIA INC. In addition, other websites may link to the MaleDVD.ca website. MaleDVD.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 VM MEDIA INC. in Toronto, Ontario, 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 MaleDVD.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 Ontario 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 MaleDVD.ca will be brought and heard in Toronto, Ontario.