rental service and all features and functionalities associated
therewith ("DVD service"). As used herein, references to "DVD"
include standard definition or Blu-ray discs.
Your DVD service membership will continue month-to-month
and automatically renew until terminated. You must provide
us with a current, valid, accepted method of payment (as
such may be updated from time to time, "Payment Method")
to use the DVD service. Unless you cancel your DVD service
membership before your monthly billing date, you authorize
us to charge your next month's DVD service membership fee
to your Payment Method (see "Cancellation" below). You can
find specific details regarding your DVD service
membership by visiting our website and clicking on the "Account" link available at the top of the pages of the DVD
service website under your profile name. We reserve the
right to modify, terminate or otherwise amend our offered
DVD service membership plans.
We provide a number of different membership plans to
accommodate a variety of movie and TV watching
preferences. Click on the "Account" link,
located at the top of the pages of our website and see
"Change Plans" for details on the various plans we offer.
To view your current plan and other details, click on "Membership Terms and Details" on the "Account" page. In our unlimited
plans, we do not establish a monthly limit on the number
of DVDs you can rent, however, the actual number of DVDs
you rent in any month will vary based on a number of
factors (See "Allocation and Shipment of Rented DVDs"
below). You may modify your plan by clicking on the "Change Plan" link on the "Account" page.
The membership fee for the DVD service will be charged at
the beginning of your membership and each month thereafter
unless and until you cancel your DVD service membership.
By starting your DVD service membership and providing a
Payment Method, you authorize us to charge the monthly
membership fee for the DVD service at the then current
rate, and any other charges you may incur in connection
with your use of the DVD service, such as taxes and
possible transaction fees, to your Payment Method. We
automatically bill your Payment Method each month on the
calendar day corresponding to the commencement of your DVD
service membership. We reserve the right to change the
timing of our billing, in particular, as indicated below,
if your Payment Method has not successfully settled. Your
renewal date may also change due to changes in your
membership. Visit our website and click on the "Billing
details" link on the "Account"
page to see the commencement date for your next renewal
period. You acknowledge that the amount billed each month
may vary from month to month for reasons that include
differing amounts due to promotional offers, changes in
your DVD service membership plan, changes in the amount of
applicable sales tax, and charges for lost DVDs or DVDs
not returned upon cancellation or termination of your
membership, and you authorize us to charge your Payment
Method for such varying amounts.
You may edit your Payment Method information by visiting
our website and clicking on the "Account" link, available at the top of the pages of our website.
If a payment is not successfully settled, due to
expiration, insufficient funds, or otherwise, and you do
not edit your Payment Method information or cancel your
account (see, "Cancellation" below), you remain
responsible for any uncollected amounts and authorize us
to continue billing the Payment Method, as it may be
updated. This may result in a change to your payment
billing dates. We may update your Payment Method with
information provided by the applicable payment service
provider, and you authorize us to continue to charge the
membership fee to the updated Payment Method.
You may cancel your DVD service membership at any time.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH
MEMBERSHIP PERIODS OR UNWATCHED DVDs. Upon cancellation,
your account will automatically close at the end of your
current billing period and you are given seven days to
return any outstanding DVDs. Failure to return such DVDs
will result in your Payment Method being charged for such
items. We will send you a reminder email concerning
unreturned DVDs prior to charging your Payment Method. To
cancel, go to the "Account"
page on our website and follow the instructions for
cancellation. To see when your account will close, click "
Billing details" on the "Account" page.
Changes to the Price and Membership Plans.
We may change the DVD service membership plans and the
price of the DVD service membership from time to time;
however, any price changes to your service will only take
effect following notice to you.
You must be 18 years of age to become a member of the DVD
service. Minors may only use the DVD service under the
supervision of an adult.
Non-commercial use only.
The DVD service and any content viewed through the DVD
service are for your personal and non-commercial use only.
You agree not to use any DVDs for public
DVDs that you select to rent are placed into your own
Queue. You may add movies & TV shows or adjust the
Queue at any time. Click the "Queue" tab to make
adjustments, review requested DVDs or to see which DVDs
you currently have out. We determine which DVDs to send
you based on the DVDs in your Queue and the priority in
which you have listed them. We endeavor to ship to you the
DVDs listed highest in your Queue; however when
availability is limited, we may ship you DVDs lower on
your Queue. Availability is not guaranteed and the
availability you experience may vary based on a number of
factors (See "Allocation and Shipment of DVDs" below).
Adjustments made to your Queue may not immediately impact
your next shipment. In certain instances you may have
adjusted your Queue before you have received a shipment
message when in fact a shipment was already processed. The
adjustments will, however, impact subsequent
Allocation and Shipment of DVDs.
We reserve the right to process orders and otherwise
allocate and ship DVDs among our members in any manner
that we, in our sole and absolute discretion, determine.
In addition, we will, in our sole and absolute discretion,
determine the quantity of DVDs we purchase for any
particular movie or TV show, their location within our
distribution network and the level of staffing and number
of shipments to be processed at each distribution center.
As a result of the operational practices described in this
section, we may not always send you the top choices from
your Queue, ship out your next DVD on the same day that we
receive one from you, or process orders from your local
distribution center. In determining priority for shipping
and inventory allocation, we may utilize many different
factors, including the number and type of DVDs you rent
through our service, the membership plan you select, as
well as other uses of our service by you. As a result of
your viewing habits and our operational practices, the
actual number of DVDs you rent in any month may vary, and
you may experience differentiated service during the
course of your membership. WE MAKE NO GUARANTY AS TO THE
SHIPPING, ALLOCATION AND DELIVERY OF DVDS and may, in our
sole and absolute discretion, change our business practice
regarding allocation, delivery and shipping, without
We utilize the U.S. Postal Service and a nationwide
network of local distribution centers to send and receive
DVDs you have selected to rent. We have located these
centers in such a manner as to provide fast and efficient
delivery to our members. Please note that not all
deliveries will be from your local distribution center.
The delivery times you encounter will vary based on a
number of factors, including, but not limited to, (i) the
distance between the distribution center from which your
DVD was shipped and your delivery address, (ii) the timing
of your placement or adjustment of DVDs in your Queue,
(iii) circumstances impacting delivery by the U.S. Postal
Service, and (iv) any unplanned downtime of our shipping
or computer systems.
Return of Rented DVDs.
We receive mail from the U.S. Postal Service and
generally process returns Monday through Friday, except
Holidays and other days in which our local processing
facility may have reduced operating hours. Occasionally we
identify personal CDs, DVDs or other items inadvertently
submitted to us as part of our rental return process. In
such instances, we may attempt to return the item to the
sender. However, it may not always be possible for us to
identify and return your personal items. In addition, on
rare occasions, these personal CDs, DVDs or other items
are re-transmitted inadvertently to members during our
normal shipping and receiving operations. WE DISCLAIM ANY
RESPONSIBILITY FOR AND YOU HEREBY EXPRESSLY RELEASE US
FROM ANY LIABILITY ARISING FROM ANY RE-TRANSMISSION,
INCLUDING BOTH THE SHIPMENT AND RECEIPT OF SUCH ITEMS, OR
FAILURE TO RETURN PERSONAL ITEMS INADVERTENTLY SUBMITTED
No Due Dates or Late Fees.
Provided you continue to be a paying member of the DVD
service, you may keep the DVDs delivered to you as long as
you like. Given that we have no required return dates
other than upon cancellation of the service, we do not
charge any late fees. However, you may be charged for DVDs
that you lose. Currently, as an additional member benefit,
we may replace the occasional lost DVD free of charge.
However, in the rare event that the number of lost DVDs on
your account becomes excessive, as we may determine in our
sole and absolute discretion, we may place your account on
hold and may charge your Payment Method for the estimated
cost of the lost DVD(s). You hereby authorize us to charge
your Payment Method for any lost DVD(s). We will alert you
of any potential charges for lost DVD(s) prior to charging
your Payment Method.
Usage of the Service.
You agree to use the DVD service in accordance with all
applicable laws, rules and regulations. You agree not to
archive, reproduce, distribute, modify, display, perform,
publish, license, create derivative works from, offer for
sale, or use content and information contained on or
obtained from or through the DVD service. You also agree
not to: introduce any robot, spider, scraper or other
automated means; decompile, reverse engineer or
disassemble any software or other products or processes
accessible through the DVD service; insert any code or
product or manipulate the content of the DVD service in
any way; or, use any data mining, data gathering or
extraction method. In addition, you agree not to upload,
post, e-mail or otherwise send or transmit any material
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment associated with the DVD service, including any
software viruses or any other computer code, files or
Termination by us.
We may terminate or restrict your use of our service,
without compensation or notice if you are, or if we
suspect that you are (i) in violation of any of these
the DVD service. We can also terminate your account or
place your account on hold in order to protect you, us or
our partners from identity theft or other fraudulent
Passwords & Account Access.
The member who signed up for the DVD service and whose
Payment Method is charged (the "Account Owner") has access and
control over each profile, including all of the information
provided and features selected for that profile, such as the
sub-account member's name, password, and maturity level. To
maintain control over the account and to prevent anyone from
accessing the account (which would include information on
viewing history for the account), the Account Owner should not
reveal the password nor details of the Payment Method
associated with the account to anyone. You are responsible for
updating and maintaining the accuracy of the information you
provide to us relating to your account. The Account Owner will
determine how to allocate DVDs among the sub-account members
provided, however, the total number of DVDs out cannot exceed
the number that are available in your plan. The Account Owner
will receive e-mail delivery notices informing the Account
Owner of all DVDs shipped under the Account. The sub-accounts
members will not receive any e-mail notices.
Use of Information Submitted.
We are free to use any comments, information, ideas,
concepts, reviews, or techniques or any other material
contained in any communication you may send to us
("Feedback"), including responses to questionnaires or through
postings to the DVD service, including the website and user
interfaces, worldwide and in perpetuity 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 DVD service. In addition, you agree not to
enforce any "moral rights" in and to the Feedback, to the
extent permitted by applicable law. We do not accept
unsolicited materials or ideas for content. Should you send
any unsolicited materials or ideas, you do so with the
understanding that no additional consideration of any sort
will be provided to you, and you are waiving any claim against
us and our affiliates regarding the use of such materials and
ideas, even if material or an idea is used that is
substantially similar to the material or idea you sent.
Disclaimers of Warranties and Limitations on Liability
THE DVD SERVICE AND ALL SOFTWARE ASSOCIATED THEREWITH, OR
ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE
DVD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO
EVENT SHALL CAFEDVD, OR ITS SUBSIDIARIES OR ANY OF THEIR
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS
BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL
INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
If you are a DVD service member in the United States
(including its possessions and territories), you and
Cafedvd agree that any dispute, claim or controversy
arising out of or relating in any way to the DVD service,
be determined by binding arbitration or in small claims
court. Arbitration is more informal than a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a
judge or jury, allows for more limited discovery than in
court, and is subject to very limited review by courts.
Arbitrators can award the same damages and relief that a
court can award. You agree that, by agreeing to these
interpretation and enforcement of this provision, and that
you and Cafedvd are each waiving the right to a trial by
jury or to participate in a class action. This arbitration
provision shall survive termination of this Agreement and
the termination of your membership.
If you elect to seek arbitration or file a small claim
court action, you must first send to Cafedvd, by certified
mail, a written Notice of your claim ("Notice"). The
Notice to Cafedvd must be addressed to: General Counsel,
CAfedvd.com, PO BOX 51860, Palo Alto, CA 94303 ("Notice
Address"). If Cafedvd initiates arbitration, it will send
a Notice to the email address used for your membership
account. A Notice, whether sent by you or by Cafedvd, must
(a) describe the nature and basis of the claim or dispute;
and (b) set forth the specific relief sought ("Demand").
If Cafedvd and you do not reach an agreement to resolve
the claim within 30 days after the Notice is received, you
or Cafedvd may commence an arbitration proceeding or file
a claim in small claims court.
You may download or copy a form Notice and a form to
initiate arbitration at www.adr.org. If you are required
to pay a filing fee, after Cafedvd receives notice at the
Notice Address that you have commenced arbitration,
Cafedvd will reimburse you for your payment of the filing
fee, unless your claim is for greater than US$10,000, in
which event you will be responsible for filing fees.
The arbitration will be governed by the Consumer
Arbitration Rules (the "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this
Agreement, and will be administered by the AAA. The AAA
Rules and Forms are available online at www.adr.org, by
calling the AAA at 1-800-778-7879, or by writing to the
Notice Address. The arbitrator is bound by the terms of
this Agreement. All issues are for the arbitrator to
decide, including issues relating to the scope and
enforceability of this arbitration agreement. Unless
Cafedvd and you agree otherwise, any arbitration hearings
will take place in the county (or parish) of your
residence. The arbitrator's award shall be final and
binding on all parties, except (1) for judicial review
expressly permitted by law or (2) if the arbitrator's
award includes an award of injunctive relief against a
party, in which case that party shall have the right to
seek judicial review of the injunctive relief in a court
of competent jurisdiction that shall not be bound by the
arbitrator's application or conclusions of law.
If your claim is for US$10,000 or less, we agree that you
may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your
claim exceeds US$10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in
which the arbitration is conducted, the arbitrator shall
issue a reasoned written decision explaining the essential
findings and conclusions on which the award is based. If
the arbitrator issues you an award that is greater than
the value of Cafedvd's last written settlement offer made
before an arbitrator was selected (or if Cafedvd did not
make a settlement offer before an arbitrator was
selected), then Cafedvd will pay you the amount of the
award or US$5,000, whichever is greater. Except as
expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the
YOU AND CAFEDVD AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and
Cafedvd agree otherwise, the arbitrator may not
consolidate more than one person's claims with your
claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific
provision is found to be unenforceable, then the entirety
of this arbitration provision shall be null and
accordance with the laws of the state of Delaware, U.S.A.
without regard to conflict of laws provisions. These terms
will not limit any consumer protection rights that you may
be entitled to under the mandatory laws of your state of
shall be held to be invalid, illegal, or unenforceable,
the validity, legality and enforceability of the remaining
provisions shall remain in full force and effect.
Such revisions shall be effective immediately; provided
however, for existing members, such revisions shall,
unless otherwise stated, be effective 30 days after
company or to any entity that succeeds to all or
substantially all of our business or assets related to the
applicable Cafedvd service. We may also delegate certain
independent contractors or other third parties.
We will send you information relating to your account
(e.g. payment authorizations, invoices, changes in
password or Payment Method, confirmation messages,
notices) in electronic form only, for example via emails
to your email address provided during registration. You
agree that any notices, agreements, disclosures or other
communications that we send to you electronically will
satisfy any legal communication requirements, including
that such communications be in writing.
Last updated: September 27, 2023