Terms and Conditions
DARK MATTER FILMS Terms of Service
Welcome! These are the DARK MATTER FILMS Terms of Service (“DMF Terms”). These DMF Terms form a legal agreement between you (together with any business, entity or organization you are representing, “Member,” or “you”) DARK MATTER FILMS (referred to herein as “DMF,” “we” or “us”). The DMF Terms govern your access to and use of the DARK MATTER FILMS™ website and subscription services (collectively, the “Services” or “DARK MATTER FILMS”).
1. Acknowledgments and Acceptance of DMF Terms
1a. The Services are offered to you conditioned upon your acceptance without
modification of these DMF Terms of use, as well as any other guidelines, rules
or operating policies that DMF may establish and post from time to time, all
of which are hereby incorporated by reference. By clicking the 'I accept these
terms and conditions' button upon your registration for the Services, and each
time you access or use the Services, you accept the terms and conditions contained
and referenced herein. If you do not agree to these DMF Terms, you may not purchase,
use or access the Services.
1b. You represent that you have attained the age of majority in the province,
state or country in which you reside, and that you are capable of forming legally
binding contracts under applicable law. Without limiting the foregoing, the Services
are not available to individuals under the age of 18. If you do not qualify,
you are not permitted to subscribe to or use the Services.
1c. You are required to complete the registration form on the SIGN UP page in
order to use the Services. You agree to provide true, accurate, complete and
up-to-date information about yourself as requested in the registration form.
1d. You acknowledge that, from time to time, it may be necessary for DMF to update
or revise certain provisions of these DMF Terms. DMF reserves the right to change
the terms, conditions, and notices under which it offers the Services at any
time and without notice, and reserves the right to (temporarily or permanently)
discontinue, revise, modify or update any or all other aspects of the Services
in its sole and absolute discretion, and DMF will not be liable to you or any
third party for any such modification, suspension or discontinuation of the Services.
Any such modifications will be deemed effective immediately upon posting of the
modified terms, and your continued use of the Services following any such modification
will be deemed your acceptance of the modified terms. You are responsible for
regularly reviewing these terms, conditions, and notices, and any new terms posted.
The most current version of these DMF Terms may be reviewed at any time on the
DARK MATTER FILMS website (www.darkmatterdvds.com).
1e. If you do not agree to any of these DMF Terms, or any future changes made
to these DMF Terms, your exclusive remedy is to cancel your subscription to the
Services. Except as otherwise expressly provided herein, any new features, tools
or products that change, augment, enhance or upgrade the current Services will
be subject to these DMF Terms.
2. Description of Services
DMF offers a membership subscription to Members to receive DVDs with films specially
selected by DMF (see FAQ's for further details) on a monthly basis.
3. Membership and Payment
3a. You are subscribing to an ongoing subscriber plan. For the ongoing subscriber
plans, you will be charged on an ongoing monthly basis until you cancel your
subscription. .
3b. You agree to pay subscription fees (“Fees”) of $19.95 plus shipping and handling
in advance. DMF reserves the right to change or modify the fee schedule (including,
without limitation, increasing prices and charging a fee for upgrades or a Service
for which DMF does not currently charge a fee) at any time. DMF will strive to
provide you with reasonable notice prior to making any fee changes or modifications.
3c. You agree to pay all subscription fees and any other charges incurred by
you (including any applicable taxes) at the rates in effect when the charges
were incurred. For your convenience, all Fees will be billed to the credit card
provided when you registered (or to a different credit card if you change your
account information by contacting customer service) in accordance with your subscription
and subsequent product orders. You hereby authorize DMF to charge your credit
card for the amounts that relate to your subscription and other purchases, if
any. If DMF is for any reason unable to effect automatic payment via your credit
card, DMF will attempt to notify you via email and your access to the Services
may be disabled until payment is received. You are responsible to notify DMF
of any changes to your credit card information and to update your information
if your credit card has expired. DMF may discontinue or otherwise interrupt your
access to the Services if you fail to so notify DMF.
3d. You agree to pay all charges on time. All Fees will be paid in U.S. dollars.
You are responsible and liable for any fees, including attorney and collection
fees, that DMF may incur in its efforts to collect any remaining balances due
from you. You are required to notify DMF of any billing problems or discrepancies
within sixty (60) days after they first appear on your credit card account statement.
If you do not do so, you waive any right to dispute such problems or discrepancies.
3e. Only one free trial DVD per household allowed. New customers only.
4. Cancellations/Returns
4a. You may cancel your monthly membership at any time, simply by emailing us at info@darkmatterdvds.com or by calling us during regular business hours on our customer service line at 1-800-775-1326. Please allow us one month to process termination requests. You must cancel your membership at least 15 days before it renews in order to avoid charging of subscription fees for a new term to your credit card. DMF does not provide refunds or credits for any partial monthly subscription period.
4b. We will accept returns on unopened DVDs within 45 days of our mailing (60
days for Members outside of the United States). We will apply a credit for returned,
unopened merchandise, less shipping and handling in the manner of original payment.
DVDs will be returned at your sole cost, and we recommend that the products be
shipped with some form of tracking or return receipt. If you return any DVDs,
we will cancel your membership and process your refund within 30 days of receiving
the returned DVD.
4c. Defective DVDs may be returned for a replacement within 90 days of our mailing. Please contact customer service at info@darkmatterdvds.com or 1-800-775-1326 for instructions on how to return defective DVDs.
5. Delivery
DMF uses the U.S. Postal Service in the United States, and most international
orders, to deliver DMF's monthly DVD selections and other products purchased
from DMF. Orders will generally be processed within two business days of their
receipt, however, the delivery times may vary depending on your membership registration
date, the available inventory, your delivery address and any circumstances that
may impact the U.S. Postal Service and/or freight forwarder.
6. Effect of Termination
6a. You understand and agree that the cancellation of your Account is your sole
right and remedy with respect to any dispute with DMF.
6b. If DMF terminates your Account because you breach these DMF Terms or any
related agreements or guidelines, DMF will have no liability to you or any third
party because of such termination or action.
7. Additional Notices
7a. The films distributed to Subscribers through DMF are not rated through the
traditional MPAA rating system.
7b. We make no representation that the materials and content of the Service are
appropriate or available for use outside of the United States. Visitors and Members
from outside the United Sates are responsible for compliance with all applicable
laws.
8. Security and Access
For transmitting personal information, such as when you use a credit card to
register, we use a secure server (SSL), which encrypts all of your personal information.
This encryption process ensures that the information you give us is protected
against unauthorized access. While we take precautions to ensure that your information
is secure on our system and in most cases transactions are completed without
difficulty, we cannot guarantee “perfect security” on the Internet or offline
and we are not responsible for the success or security of your transactions.
9. International Visitors and Members
If you are accessing our Service from a country other than the countries in which
our servers are located (currently the United States), the various communications
will necessarily result in the transfer of information across international boundaries.
By using our Service and communicating electronically with us, you consent to
the processing and transfer of your data.
DMF's Terms of Use were updated on
July 19, 2009.
