Acceptance of Terms

The CriterionDVD.com Website consists of several Web sites and Web pages that are owned and operated by NeatCommerce, Inc., hereinafter referred to as “Criterion DVD” or collectively, the “Websites”. The following terms and conditions provided by Criterion DVD govern your relationship with Criterion DVD, including the Websites. The products offered for sale or rent and other on-line resources accessible through the Websites, are provided to you, subject to these Terms and Conditions. By visiting or using the Websites, placing an order or creating an account YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. Criterion DVD, and any third-party providers of content to the Websites, may make improvements and/or changes to the Websites including the products, programs, services and prices that are offered or described on the Websites, at any time, without prior notice. Criterion DVD does not warrant that the products offered on the Websites are available to be shipped to all customers or that product descriptions or other content of the Websites is accurate, reliable, complete, current or error-free. If a product ordered through the Websites is not as described, your sole remedy is limited to the return of the product in unused condition.

Criterion DVD reserves the right to change or modify these Terms and Conditions in the future without notice to you. It is your responsibility to regularly review these Terms and Conditions and your continued use of the Websites constitutes your agreement as to all such updated or modified Terms and Conditions.

When you create an account with Criterion DVD you represent and warrant to us that (a) the information you provide to us is true, complete and correct, and that you will maintain and update that information as circumstances require; (b) if you are purchasing a product which requires you to be at least 18 years old or older, you are, in fact, at least the required age; (c) you have the right to purchase and use the products you have selected; and (d) you are using your actual identity. You understand that you are responsible for maintaining the confidentiality of your account and password. You will notify Criterion DVD immediately if you believe your password has been compromised by others.

If you provide any information to Criterion DVD (including in the form of product reviews), you are responsible for such information and are responsible for the consequences of any information you provide. Such information shall not: (a) be false, misleading or fraudulent; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain a sexually explicit image; (f) contain any "spam" or any viruses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any software, hardware, system, data or personal information; (g) create liability for Criterion DVD or cause Criterion DVD to lose the services of any of its service providers or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or that you do not have a right to link to or include. You understand that Criterion DVD reserves the right in its sole discretion to edit, restrict or remove any information you provide for any reason at any time.

Criterion DVD does not guarantee the accuracy or quality of information or content provided by third party providers or other users of the Websites, nor shall Criterion DVD be in any way liable for such information or content. You may find other user's information or the content to be offensive, indecent, harmful, inaccurate, or deceptive. You agree that you will independently evaluate and bear all risks associated with such information and content.

Communications

All comments, communications, ideas, and other content disclosed, submitted or offered to Criterion DVD on or by the Websites or otherwise disclosed, submitted or offered in connection with your use of the Websites hereinafter referred to as the "Comments" shall be and remain Criterion DVD’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Criterion DVD of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Criterion DVD will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Criterion DVD is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Websites will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Websites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Links

The Websites may provide, or third parties may provide, links to other Internet sites or resources. Because Criterion DVD has no control over such sites and resources, you acknowledge and agree that Criterion DVD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Criterion DVD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

The Websites may be linked to other websites that are not under the control of and are not maintained by Criterion DVD. Criterion DVD is not responsible for the content of those sites. Criterion DVD is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Criterion DVD of those sites.

DISCLAIMERS/LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRITERION DVD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THE WEBSITES ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT WE HAVE NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRITERION DVD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRITERION DVD, ITS OFFICERS EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITES, THEIR CONTENT, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT WE RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM. CRITERION DVD MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE CORRECTED.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE WITH RESPECT TO THE WEBSITES OR THEIR CONTENT IS TO DISCONTINUE YOUR USE OF THE WEBSITES.

In the event that you have a dispute with one or more users, you release Criterion DVD (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnification  

You agree to indemnify and hold Criterion DVD and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or expense, (including attorneys' fees), made by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Websites, their Content, any products you may have purchased, or the materials the Websites incorporate by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.

Site Security

You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Criterion DVD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from Criterion DVD on the Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Termination of Use

Criterion DVD, in its sole discretion, may terminate your password, your account, your use of any of the on-line resources available on the Websites, and remove and discard any content on the Websites, for any reason, including, without limitation, for lack of use or if Criterion DVD believes that you have violated or acted inconsistently with the provisions of these Terms and Conditions. Any termination of your access to the Websites under any provision of these Terms and Conditions may be effected without prior notice, and Criterion DVD may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Websites. Further, Criterion DVD will not be liable to you or any third-party for any termination or suspension of your account or your access to the Websites.

General

These Terms and Conditions and any other policies or guidelines on the Websites are incorporated herein by reference constitute the sole agreement between Criterion DVD and you with respect to the subject matter hereof. The Websites are created and controlled by NeatCommerce, Inc. in Florida, USA. The laws of Florida will govern these Terms and Conditions, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by Criterion DVD to act with respect to a breach by you will not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions shall be binding on and inure to the benefit of each of Criterion DVD respective successors and permitted assigns. Criterion DVD may make changes to these Terms and Conditions, the Websites and/or any of the information contained therein at any time.