Welcome to the Virtual Highway ("VH") Website and/or such other Websites, or portions thereof, owned and operated by VH (collectively the "Site"). The following Terms and Conditions of Participation, along with the other information included herein is a binding agreement that governs every user's relationship with VH, including the use of the Site. BY REGISTERING FOR AND USING THE SERVICES ON THE SITE, INCLUDING, WITHOUT LIMITATION, PLACING AN ORDER OR CREATING AN ACCOUNT, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF PARTICIPATION, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED HEREIN BY REFERENCE. VH reserves the right to change any of the Terms and Conditions of Participation or any policies or guidelines governing the Site or Services, at any time and in its sole and absolute discretion. Every change will be effective upon its posting on the Site. Notice of any changes will be posted on the Site for at least thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice. VH may suspend or discontinue any aspect of the Site at any time without prior notice. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING VH'S POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF PARTICIPATION WILL CONSTITUTE YOUR AKNOWLEDGEMENT AND ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH ANY POSTED CHANGE, YOUR SOLE OPTION IS TO DISCONTINUE USE OF VH'S SERVICES OR SITE. USE OF SITE VH grants all users a limited license to access and make personal use of the Site. You may not download or modify the Site, frame any portion of it or utilize any type of Meta tag or other type of hidden text in connection with the Site. The Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by VH. Prohibited commercial use includes, without limitation, collection or use of product listings or prices, derivative use of content included on this Site and the products or services provided or sold by VH (collectively "Content"), or any use of any type of data mining tools. VH reserves the right to refuse service, terminate relationships, and/or cancel orders in its sole and absolute discretion, including, without limitation, if it believes that a user's conduct violates applicable law or is harmful to the interests of VH. Upon termination of an account, the user shall remain liable for any previously placed orders. INFORMATION By establishing and using a VH account, each user represents and warrants as follows: (i) the information provided by the user is accurate, current, and complete; (ii) the user will update his/her information as circumstances require; (ii) the user is at least 18 years old in connection with any purchases made on this Site; (iii) the user has the right to purchase and to use the products selected; and (iv) the user is using his/her actual identity. You acknowledge and accept that you are responsible for maintaining the confidentiality of your account and password. VH will not be liable for any damages, including consequential damages, that arise from any use of an account due to user's negligence and/or carelessness. You will notify VH immediately if you believe your password has been compromised. You understand that VH does not pre-screen or control the information provided by other users that is made available on this Site. VH does not guarantee the accuracy or quality of such information or of its Content, nor shall VH 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. VH gives users the following options for altering their information in its database or having it removed to end this service: • Click here to change your name, email address or password. • Send an email message to customerservice@vhighway.com. • Send a letter to the following postal address: Virtual Highway Distribution, Inc. Box 75541 RPO Edgemont Village North Vancouver, BC V7R 4X1 Canada Please exercise caution when using this Site, and be aware that there is a risk of dealing with underage persons or persons acting under false pretenses. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS All Content, including the name Virtual Highway, along with text, graphics, logos, icons, images, audio/video clips and software is the sole and exclusive property of VH and/or its content suppliers, and is subject to the copyright, trademark or other intellectual property rights of VH, its suppliers and/or the terms of licenses held by VH. This Content, including the manner in which it is collected, arranged and assembled (compiled) on this Site, is the sole and exclusive property of VH and is protected by the copyright and trademark laws of the U.S. and abroad as well as other federal and state laws. It does not constitute material in the public domain. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. VH does not grant any user any rights in any of the Content. VH values and protects the proprietary nature of intellectual property rights belonging to itself and others. It therefore reserves the right, in its sole and exclusive discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by VH or others. A user's access to or use of the Site may be immediately terminated if VH believes that the user has violated the Terms and Conditions of Participation, any relevant federal, state or international law, rule or regulation, or that the user has infringed or appears to have infringed the intellectual property rights of VH or others. If you believe that any material contained or posted on the Site infringes upon your own or another's intellectual property rights, please immediately notify VH in writing and include the following information: (i) identification of the allegedly infringed work by title or source; (ii) identification of the specific material that is claimed to be infringing; (iii) contact information of the notifying party, including a daytime/evening phone number, address and e-mail; and (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law. Mail to: Virtual Highway Distribution, Inc. Box 75541 RPO Edgemont Village North Vancouver, BC V7R 4X1 Canada SUBMISSIONS TO VH OR THE SITE VH welcomes submissions of any commentary, suggestions or constructive criticism that users may have about VH and or the films it provides. However, any material submitted to VH, including, without limitation, customer reviews of any of the films (collectively "Submission") will be accepted without any obligation of confidentiality on the part of VH. By providing VH your Submission, the user agrees that: (i) VH shall be entitled to unrestricted use of the Submission for any purpose, and (ii) VH shall exclusively and solely own, and you hereby assign to VH, without compensation, restrictions from or further obligation on the part of VH, all rights now known or hereafter known with respect to the Submission. Each user is responsible for any information provided to VH (including in the form of customer reviews), and is responsible for the consequences of any information provided. Such information shall not: (i) be false, misleading or fraudulent; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary intellectual property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (v) be obscene or contain a sexually explicit image; (vi) 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; (vii) create liability for VH or cause it the loss of services of any of its service providers or other suppliers; or (viii) 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. By submitting any information or other material to VH, the user automatically grants VH a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or hereafter developed. VH has the right, but not the obligation, to monitor any activity and Content associated with this Site. VH may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and bids. VH reserves the right and has absolute discretion to remove, screen, or edit any Content that violates these provisions or is otherwise objectionable. INDEMNITY You agree to indemnify and hold VH, its officers, directors, employees, parents, subsidiaries, affiliates, attorneys, accountants, agents, assigns and all other persons acting for its benefit or on its behalf, harmless from any claim, demand or expense, (including costs and attorney's fees) by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party. PRIVACY VH is firmly committed to protecting the privacy of each and every user. VH occasionally must request that a user provide it with some personal information necessary to fill an order, send the user important messages, and personalize a user's shopping experience. VH will not use any personal information provided by the user to send promotional materials that have not been requested by the user. Nor will VH release any user's personal information to outside companies. VH may share a user's personal information with affiliates or related entities of VH, only where they have a privacy policy at least as protective as those of VH. However, by using the Site (as defined in the Terms and Conditions of Participation), each user consents to VH's collection and use of personal information in the following manner: When opening an account with VH, a user must provide his/her name, mailing address, phone number, email address and password. With the user's consent, VH may use this information to contact the user about new releases, bargains and special promotions or giveaways. The user may remove him/herself from VH's mailing list at any time by sending the appropriate email. When purchasing an item, VH will require the user's shipping address, billing address and credit card number and expiration date. This information allows VH to process and fulfill the order, and to notify the user of the order's status. If the user desires to send information about a VH product to a friend over the Internet, VH will require the friend's email address in order to process this request. VH will not disclose this email address to other parties or send promotional emails to this other address. When a user participates in a VH contest or promotional event, VH will require the user's name, mailing address, email address or other relevant personal information so that it can administer the contest and notify winners. VH collects general demographic information about its users and shares it with advertisers and business development partners. If a user posts a customer review, VH collects the information that is posted. If VH receives an email with questions, suggestions or comments, it will collect the sender's email address so that it may respond. If a user's order is to be shipped to another address as a gift, VH will need the recipient's name, mailing address and phone number (optional) to fulfill the order. When a group or organization, like a film-festival, chooses to become affiliated with VH, it must provide VH with information about the membership of the group or organization. Some of the foregoing types of information are used by VH internally to improve how the Site benefits its users. If VH is required by law, in the form of a judicial order, judgment or subpoena, or it is necessary to enforce, protect or apply VH's contractual or proprietary rights, it may release such information as is required. VH also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement, officials, regulators or other third parties. In order to cooperate with governmental requests, to protect VH's customers, or to ensure the integrity and operation of VH's business and systems, VH may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If VH makes any changes to its privacy policy, it will post the changes on this page so that users are always aware of VH's policies. VH reserves the right to modify, alter or update these policies at any time, and users agree to be bound by such modifications, alterations or updates. If at some point in the future VH changes information usage practices that directly and materially affect your personal information, it will notify all registered users by email of the relevant changes. At that time, those users who wish to will be able to opt-out of this information usage by sending a message to the following email address: customerservice@vhighway.com. LINKS TO OTHER WEBSITES AND SERVICES The Site may contain links to partners, advertisers and third-party Websites and services that may collect data in connection with sweepstakes, promotions, e-commerce, etc. Each such link may have separate privacy and data collection practices, independent of VH. VH has no responsibility or liability for these independent policies or actions, and is not responsible for the privacy practices or the content of such sites. VH is not responsible for, and makes no claims with respect to, the quality, reliability, availability, content or accuracy of any other websites or pages linked via this Site, including advertisements for any products or services available thereon. To the extent that portions of this Site contain links to non-VH websites and outside products, services and resources, all relationships arising therefrom are between the users and outside providers and do not involve VH. Any concerns about such products, services or resources should be directed to the particular outside provider. VH does not endorse any such outside providers. When leaving this Site, please be aware that these Terms and Conditions of Participation and other policies no longer govern. COOKIES VH uses a web browser feature called a "cookie" to assign a unique identity to each user's computer. Cookies are files that a web browser places on the hard drive of user's computer. VH's cookies enable it to provide features such as welcoming the user by name, storing items between visits, and setting up other preferences that the user establishes during each visit to the Site. VH also uses cookies to help determine whether a user came to the Site from a particular Internet link or banner advertisement. Cookies can be used to help save and retrieve a user's name used on the Site and provide information on past purchases. This is done for convenience and saves the user the trouble of re-entering information on every visit to the Site. Cookies cannot be used by VH to retrieve any personal information about a user unless the user has previously purchased from or registered with the Site. VH does not and cannot use cookies to retrieve personal information about a user from his/her computer unless the user knowingly and willingly provided such information. Most web browsers automatically accept cookies, but a user can usually change his/her browser's settings to block them. IP/ISP ADDRESS A unique number called an IP address identifies every computer on the Internet. If a user has a static IP address, he/she gets the same number each time he/she connects. If a user has a dynamic IP address, a number is assigned from a pool of addresses maintained by the user's ISP (Internet Service Provider) on a first-come basis. VH only uses the user's IP address to help diagnose problems with its server, to administer its Site, and to gather basic demographic information. Examples of other types of automated information VH may collect include, without limitation, connection information, such as, browser type and version, operating system, and URL click stream. SITE SECURITY The Site uses a variety of security measures to maintain the safety and security of your personal information. All user contact information is contained behind secured networks and is accessible only by a limited number of employees who have agreed to comply with all of VH's privacy and security policies. Passwords and credit card numbers are encrypted in VH's secure database, which is also located behind secured networks. All credit card information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted in VH's databases as stated above. Please be sure that your web browser is SSL-enabled. You should always upgrade your web browser software to the latest versions for optimum security. AGENTS VH is not the agent, fiduciary, trustee or other representative of the user. Nothing expressed or mentioned in or implied from this Terms and Conditions of Participation is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Terms and Conditions of Participation. VH may employ other companies to perform certain functions on its behalf such as using a shipping company to deliver a user's order or using a processing company to authorize and verify a user's credit card. These companies have access to such user information as is necessary to perform their task. BUSINESS TRANSFER If VH were to be sold, it is possible that some of its registered users' information might be included in the transfer. In such event, every user will receive notice of such transfer and VH will require the transferee to have a privacy policy that is at least as protective as the one used by VH. PRODUCTS Although VH makes every effort to insure that products are in stock when indicated and that information and prices concerning any products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a product or service has been listed at an incorrect price, VH reserves the right to refuse or cancel the user's order for that product or service even if the order has been confirmed. A user's receipt of a confirmation of an order from VH does not signify VH's acceptance of that order, and it may cancel such order or supply less than the quantity ordered. Certain products or services listed for sale may not be available to users located in certain areas, and VH may reject an order for this or any other reason. DISCLAIMERS AND LIMITATIONS OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR MADE A PART OF THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT VH HAS NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THIS SITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, 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 VH'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT IT RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM YOU MAY ENCOUNTER WITH THIS SITE OR ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE. In the event that you have a dispute with one or more users, you release VH (and its officers, directors, employees, parents, subsidiaries, affiliates, agents, representatives and assigns) from any and all claims, demands and damages (compensatory, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected and disclosed and undisclosed arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." NOTICES All notices in connection with these Terms and Conditions of Participation should be sent in writing to VH at: Virtual Highway Distribution, Inc. Box 75541 RPO Edgemont Village North Vancouver, BC V7R 4X1 Canada MISCELLANEOUS These Terms and Conditions of Participation and any other policies or guidelines on the Site are incorporated herein by reference constitute the sole agreement between us with respect to the subject matter hereof. This Site is created and controlled by VH in Vancouver, British Columbia, Canada. The laws of British Columbia will govern these Terms and Conditions of Participation, 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 VH to act with respect to a breach by you will not waive VH's right to act with respect to subsequent or similar breaches. These Terms and Conditions of Participation shall be binding on and inure to the benefit of each of our respective successors and permitted assigns. A printed version of these Terms and Conditions of Participation and of any changes thereto shall be admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ENTIRE AGREEMENT This Terms and Conditions of Participation, along with the application for membership to VH, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. VH reserves for itself all rights, titles, and interests not expressly granted under this agreement.
terms and conditions | privacy policy | © 2003 virtual highway distribution, inc.