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These Terms and Conditions are a binding Agreement between you and Technical Video Rental DBA SmartFlix. Please read them carefully.
We value your privacy. Please see our Privacy Policy for details. It is incorporated into and made part of these Terms and Conditions by reference.
The SmartFlix service is available only to persons 18 or over, and you certify that you are 18 years old or older. This is important to us both because of some states' limitations on the enforceability of contracts with persons under 18, and also because some of our videos involve training that may not be appropriate for minors, at least not without parental consent. You may, of course, allow your children to select videos for rental, so long as you agree to be responsible for their actions and bound by these Terms and Conditions with respect to your children.
We don't care what you do with things you buy from us, but if you rent it, we would like to be able to keep renting it to others. You agree to treat the videos (and any accompanying packaging or instructions) appropriately, giving them the care you would give to your mother's best china.
If you receive a product from us that is damaged and unplayable, you may notify us of the condition in which it was received and exchange it for another copy of the same title (provided copies are available), exchange it for a different title, or keep a credit for a future rental. You may also obtain a replacement or credit if our delivery to you is lost in transit.
You agree to pay the weekly rental rate for any merchandise you rent, and authorize us to charge the credit card account you provide. Authorization to charge your credit card account extends to subsequent weeks that you decide to keep it, and to the replacement cost as described below. In the event that any authorized charge is rejected, you agree to promptly pay using an alternate method.
1. You agree to return the video within one week after it arrives. That is, if it arrives on a Monday, you will return it by the following Monday (or Tuesday, if Monday is a holiday). You will include the packaging and any accompanying written material.
2. You agree to correctly secure the package for return shipment to us, to prevent any loss of contents or damage. You will use the enclosed adhesive tabs and may use additional tape.
3. Pre-paid postage is included on the return packaging for shipments from within the United States. If you are returning it from outside of the United States, you agree to affix the correct postage.
You agree that in the event you are late in returning the merchandise or decide to keep it for more than just one week, you will be charged additional weekly rental terms and authorize us to charge your credit card account up to the replacement value. That is because if you keep it for more than one week, we cannot rent it to someone else. Unlike the typical video store that has a wall full the latest releases stacked several deep, we often have only a single copy of any given title.
You agree that if you fail to return the merchandise, or if you return it damaged or destroyed, including because it was lost, damaged or destroyed in transit because you did not properly secure the package, or because your dog ate it or chewed on it, you will gladly (well, it doesn't have to be gladly) pay for the replacement cost (including taxes and shipping, plus a $10 fee to cover the cost of restocking), and you authorize us to charge your credit card account for that cost. (Keep in mind that most of our videos cost more than the mass-produced popular Hollywood films, and the replacement cost of some of our videos may be several hundred dollars.)
Technical Video Rental DBA SmartFlix owns only lawfully made (i.e., non-infringing) copies of the audiovisual works that it rents. But we do not own the copyrights. We can only transfer ownership (sale) or possession (rental) of the disc to you, but we cannot and do not authorize you to perform (i.e. play) the work publicly or to copy it. You agree to respect the copyright owner's copyrights, and that you will not perform publicly or copy any of the videos, or any portion of the videos, except with the permission of the copyright owner or as permitted by law (see Title 17 of the United States Code, sections 106-122). Of course, you don't need anyone's permission to perform the videos privately - that's what they are for - and you may play them privately as many times as you wish before they are due back.
Technical Video Rental believes strongly in protecting the copyrights of its suppliers. We do so because those copyrights enable them to generate revenue to keep producing more quality products, and also for purely selfish reasons: People who trade in pirated copies pay only a small fraction of the price we pay for our legitimate copies, so they will always be able to unfairly undercut out prices. Pirated copies are often of inferior quality, which reflects poorly on the author. Plus, for every person who watches the pirated video there is one less potential customer for us, less revenue we can generate, and less money we have to invest in more videos for you to enjoy. Therefore, we will cooperate fully with any copyright infringement investigation, and hope you will too.
"Technical Video Rental", "SmartFlix" and the growing light bulb logos are service marks of Technical Video Rental DBA SmartFlix. The trademarks of others may identify the videos that we offer. No license is being provided to use any of these trademarks.
We may provide links to material on websites other than ours. We make no representations concerning the accuracy of those sites or the privacy or other policies of those site operators.
We provide an opportunity for our customers to contribute reviews of any products we offer using an interface for that purpose. You agree that if you choose to provide a review you are also providing your permission to reproduce and post your review for public display on the website. The same holds true for any unsolicited reviews you submit by e-mail unless you conspicuously indicate at the beginning of your review that it is "not for publication". And, although it goes without saying, we will say it anyway: You agree that you will abide by the law in all of your submissions, and take full responsibility if the law should come knocking. We hope you will also show good taste and wonderful insight!
As the name implies, Technical Video Rental DBA SmartFlix offers instructional videos and books of a "technical" nature. This is not for the passive entertainment of couch potatoes, but for people who want to learn new skills - some of which can be quite dangerous if not done correctly. For that reason, even if you have a complaint with the author of one of our videos or books WE WANT TO MAKE CLEAR, IN NO UNCERTAIN TERMS, that as far as Technical Video Rental is concerned YOU ASSUME FULL RESPONSIBILITY for how you handle your newfound training or knowledge. Also, if the disc jams your machine, it's not our fault.
What does this mean? It means that if you follow a video's instructions and you cut your head off, or weld it onto some pipes, you cannot and will not sue Technical Video Rental DBA SmartFlix, even if the instructions on the video were bad and caused you to do so. If you so much as prick your finger with a needle while following sewing instructions, or pass out at the beauty of your first oil painting, or pull a back muscle lifting a piece of welding iron, it is all your fault as far as Technical Video Rental is concerned. Take it up with the video publisher or your spouse, it you want to, but you agree to leave us out of it.
That was the plain English version. Since our lawyers like belts and suspenders, we will say it again with lawyer words (sort of): By using this website and/or renting or purchasing videos or books from through this website:
1. You agree to assume all risks and to hold harmless Technical Video Rental DBA SmartFlix, its employees and its owners for any injury or damage caused, directly or indirectly, by the contents of any of the material you obtain from us, including any instructions, illustrations or demonstrations that you follow, and including any alleged failure to include an adequate warning or safety alert.
2. You agree that any of these materials may contain information that is inaccurate, incomplete, or downright confusing, such that following it could cause injury to you or to others, or someone's property, but paragraph 1 still applies.
3. You agree that we may say good things about a particular book or video, or pass along good things others have said, and paragraph 1 still applies.
4. You agree that it is your responsibility to ensure the safety of anything you do following the instructions or inspirations from these materials, and paragraph 1 still applies.
5. You agree that there may be laws (including local laws, federal regulations, permit requirements, or laws of nature) that may be broken even if you follow the instructions to the letter, but even so, paragraph 1 still applies.
6. You agree that all recommendations in books, videos, and this website, for using tools, using processes, storage or use of products, etc. are based on the author's knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of tools, processes, products, etc., will make your own determination and satisfy yourself that methods recommended are suitable for your intended process or purpose, location, tools, etc., and that you are in compliance with environmental, health and safety regulations, and paragraph 1 still applies.
7. You acknowledge that Technical Video Rental DBA SmartFlix does not vet information provided in the books and videos offered for rental or sale at this site, and that even when it sounds like we know what we are talking about, you will not rely on it. For example, if you read on our site or in one of our e-mails that someone says "I think you'll enjoy the video; I did," or similar phrases, you will not take it as an indication that any particular video or book has been viewed or read by any employees or owners of Technical Video Rental DBA SmartFlix, or that there is any sort of expert review of materials offered for sale or rental at Technical Video Rental DBA SmartFlix. In any event, paragraph 1 still applies.
8. Finally, you agree that when discs are placed in players, bad things may sometimes happen, and that in no event will Technical Video Rental DBA SmartFlix be responsible for any damage resulting from the use of a defective or incompatible disc - not even damage resulting from use of a perfectly good disc. (We will, of course, replace a defective disc.) In any event, paragraph 1 still applies.
You agree to provide us with an active e-mail address; you consent to receiving business-related e-mail communications from us using that e-mail address, and agree that notices relating to your account will be effective if sent to the e-mail address you provided.
Let's hope we never have a disagreement we can't resolve in a minute or two, but if it ever comes to litigation, you and Technical Video Rental DBA SmartFlix agree that only the state or federal courts of Massachusetts shall have jurisdiction over any dispute relating to Technical Video Rental's service or these Terms and Conditions, that Massachusetts law will apply, and that you irrevocably consent to personal jurisdiction and venue in these Massachusetts courts.
Technical Video Rental DBA SmartFlix reserves the right to change these Terms and Conditions at any time, but you will only be bound by the changes if you continue to rent from us after the changes are posted.
You may terminate this Agreement at any time, provided that you have returned (and we have received) all videos that you have rented, and there is no further debt. We may terminate this Agreement due to any breach of it by you, or for business reasons. The Privacy Policy, Disagreements and Disclaimer terms, and any payment obligations, all survive the termination.
Current Version Date: 30 Jan 2006
