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Acceptance of Terms of Use
Welcome to Kaku.ca! These Terms of Use govern your use of the Kaku.ca website services. By visiting the Kaku.ca website and subscribing to our online DVD rental service, you agree to the following terms of use. Please read them carefully.

Changes to Terms of Use
Kaku.ca reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the Kaku.ca website. The most current version of the Terms of Use will supercede all previous versions. Your use of the Kaku.ca website and/or services after changes are made means that you agree to be bound by such changes.

Privacy
Any information submitted on the Kaku.ca website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Joining Kaku.ca
In order to join Kaku.ca, customers must be at least 18 years of age or older, be a resident of Canada with a valid Canadian address, and have a valid credit card (in order to join Kaku.ca). You must agree to provide true, accurate and current information about yourself. You also agree to maintain and update your information on the “My Account” page.

Membership Fees and Billing
You may change your membership plan at any time by visiting your My Account page. As a member of Kaku.ca, you agree to pay a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Kaku.ca. You also agree that we are permitted to charge your credit card a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Kaku.ca. Your membership will automatically renew for successive months, without prior notice to you, unless and until you suspend your DVD rental membership and return to Kaku.ca all Outstanding Rentals or we terminate it. You must suspend your DVD rental membership and return all Outstanding Rentals before your membership renews in order to avoid billing of monthly membership fees to your credit card. The membership fee will be billed at the beginning of your membership (following any free trial) and on each monthly renewal thereafter unless and until you suspend your DVD rental membership. Visit “My Account” to see the commencement date of your membership with Kaku.ca and for your next renewal period. We will automatically charge your credit card each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to change your method of payment, use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by visiting your My Account page. In the event you fail to pay the monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of Kaku.ca, Kaku.ca may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by Kaku.ca to collect such fees, including reasonable attorney's fees and expenses and such fees and expenses incurred by Kaku.ca personnel in the collection of such fees. 
Please note that upon registering for your free trial, your credit card will be preauthorized for the cost of one month of service. Please note that preauthorization may result in an amount equivalent to the monthly fee for the membership plan that corresponds to your free trial period being reserved on your credit card for a limited time. No charges, however, will be made against the credit card unless you do not suspend your DVD rental account cancel prior to the end of your free trial period.



Right to Cancel by Kaku.ca
Kaku.ca reserves the right, at any time, to cancel the membership of any member with or without reason in Kaku.ca's sole discretion. If such cancellation takes place during a billing period for a reason other than a breach of these terms by the member, Kaku.ca will refund any pre-paid membership for a Partial Membership Period at the time of cancellation.

You agree that your failure to abide by any provision of this Agreement may be considered by Kaku.ca to be a material breach of these terms and that we may provide to you a written notice to the last e-mail address for you on record with Kaku.ca describing this breach to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Kaku.ca, that you have not breached these terms of use, Kaku.ca may cancel your membership without further notice. Kaku.ca will not refund any membership fees paid by you prior to the suspension of your membership for breach of these terms of use. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

Kaku.ca respects and protects the intellectual property rights associated with the DVDs. Accordingly, and notwithstanding the foregoing, Kaku.ca will charge you the retail value of the DVD if Kaku.ca becomes aware, as determined in its sole discretion that you have copied, altered or performed the DVD in a manner that violates these terms of use. Kaku.ca further reserves the right to cancel the membership of any member who copies, alters or performs the DVDs in a manner which violates these terms of use.

Upon cancellation of your membership, you will be given seven business days to return any outstanding rentals. Failure to return such rentals will result in your credit card being charged the retail value for such items.


Deliver & Return of DVDs
Kaku.ca uses Canada Post, first class postage pre-paid, to deliver DVDs to and receive DVDs from you. Return postage of rented DVDs is paid by Kaku.ca. Actual delivery times may vary depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order, and (iv) circumstances impacting delivery by Canada Post. We will send you an email letting you know when we have shipped your DVD. Kaku.ca is not responsible for delayed or misdirected mail.


Copying or Altering DVDs
You acknowledge that all DVDs are the property of Kaku.ca. You may not copy or alter any rented DVD in any way. You acknowledge that Kaku.ca has no right to grant a license or any intellectual property right whatsoever in the work embodied in any rented DVD or in the performance thereof. You agree to limit your use of all rented DVDs to performing the DVD in a private non-commercial setting. You acknowledge that it is your sole responsibility to obtain all requisite permission from the owner of the copyright if you chose to perform or authorize the performance of the work embodied in any rented DVD in a manner other than a private non-commercial setting.


Fulfilling Rental Requests
DVD Rental requests are fulfilled Monday to Friday. We will send you a confirmation email when you return a DVD and when we send you another DVD. You can view current rental items by visiting My Rental Items.


Caring for Rented DVDs, Damaged Rental DVDs
You agree and undertake to:
i.    Handle the DVDs with care so as not to damage them
ii.    Not use any type of solution on Kaku.ca DVDs
iii.    Never keep DVDs in direct sunlight or heat
iv.    Always keep the DVDs in their rental sleeves when not in use
v.    To treat the DVDs and their packaging with the utmost care at all times.
vi.    To report damaged DVDs to Kaku.ca immediately through your “My Account” page.

Kaku.ca reserves the right to charge the current retail price for any DVD that is not returned to Kaku.ca upon termination of membership or which is returned in a non re-usable condition (reasonable wear and tear excepted). The price charged will equal to the retail price posted on major online retail websites in Canada. Kaku.ca will email you before charging your credit card.

Lost and Stolen DVDs
Occasionally you may misplace a rented DVD. If you have lost a DVD, you must report it lost to Kaku.ca as soon as possible. Kaku.ca will charge your account for the retail value of the DVD and continue providing future rentals on an ongoing basis. Should you refuse to pay the retail value of the DVD which you have lost, Kaku.ca may suspend or cancel your membership in its sole discretion and take such steps as necessary to recover the cost of the lost DVD, including, but not limited to, the institution of legal proceedings against you. Refusing to pay for a DVD which you have lost will be considered a material breach of these terms of use.
Occasionally rented DVDs may be stolen in transit. Kaku.ca treats reports of such incidents very seriously, and requires completion of a Stolen DVD Form, to assist authorities in investigating such incidents and to minimize future occurrences. A copy of this form will be provided to the Canada Post Corporation and to police authorities for investigation. In cases where DVDs have been reported stolen, Kaku.ca reserves the right to suspend service until a Stolen DVD Form has been completed, whereupon Kaku.ca may, in its sole discretion, resume service and send a replacement of the Stolen DVD, discontinue service indefinitely, or suspend your membership and charge you the retail price of any DVD that is stolen. Kaku.ca will contact you to discuss this before charging your credit card.


Kaku.ca Website
This Agreement applies to all users of the Kaku.ca Website, information, and other materials or services on the Website. The Kaku.ca Website may contain links to third party websites that are not owned or controlled by Kaku.ca. Kaku.ca has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kaku.ca will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Kaku.ca from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Kaku.ca Website to read the terms and conditions and privacy policies of the other websites that you visit.

Website Access
A. Kaku.ca hereby grants you permission to use the Website as set forth in this Agreement, provided that:

1. your use of the Website as permitted is solely for your personal, non-commercial use;
2. you will not copy or distribute any part of the Website in any medium without Kaku.ca's prior written authorization;
3. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
4. you will otherwise comply with the terms and conditions of this Agreement.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kaku.ca immediately of any breach of security or unauthorized use of your account. Although Kaku.ca will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kaku.ca or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Kaku.ca servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Kaku.ca grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kaku.ca reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.

Electronic Communications
By accessing this website or sending electronic mail to Kaku.ca you are communicating with Kaku.ca electronically and by doing so, you agree to receive communications from Kaku.ca electronically, including any notice required to be provided pursuant to these terms of use.

Limitations on Use
Unless otherwise specified, all content on the Kaku.ca website is for your personal and non-commercial use and we grant you a limited license to access the Kaku.ca website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Kaku.ca website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.

Disclaimers
THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE AND THROUGH THE KAKU.CA PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND KAKU.CA, EXCEPT AS OTHERWISE PROHIBITED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. KAKU.CA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON OR AVAILABLE THROUGH THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OR AVAILBLE THROUGH THE KAKU.CA WEBSITE OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED OR MADE AVAILABLE HEREIN, OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE. KAKU.CA ASSUMES NO LIABILITY WHATSOEVER FOR THE PUBLIC PERFORMANCE OR THE AUTHORIZATION OF SUCH A PERFORMANCE OF ANY WORK EMBODIED IN ANY RENTAL DVD.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE KAKU.CA TAKES GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.

ALL PRICES QUOTED ARE IN CANADIAN DOLLARS UNLESS OTHERWISE INDICATED.

KAKU.CA RESERVES THE RIGHT TO LIMIT QUANTITIES.

Limitation of Liability
In no event shall Kaku.ca, or other third parties identified at this website be liable to any party for any special, direct, indirect, incidental or consequential damages of any kind, or any damages whatsoever, including without limitation, damages resulting from loss of use, data or profits or business interruption, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use, inability to use, or the results of use of this website, any websites linked to this site, or the materials or information or services contained or available herein, whether based on warranty, contract, tort, statute or any other legal theory. If your use of the materials, information or services from this website result in the requirement to service, repair or correct equipment or data, you assume all costs and risks.

Indemnity
You agree to release, indemnify and hold Kaku.ca, our contractors, agents, employees, officers, directors, and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, relating to or arising from your membership or use of your membership or any Kaku.ca services. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by Kaku.ca to be a material breach of these terms of use. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your membership or use of your membership or any services offered by Kaku.ca, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response

Copyright and Trade Marks
Copyright © 2009 Kaku.ca Inc. All rights reserved. All content on the Kaku.ca website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of Kaku.ca or its suppliers and is protected by Canadian and international intellectual property laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.

General
This website is administered from the offices of Kaku.ca Inc. in Montreal, Quebec, Canada. Access to the materials or services from territories where the contents of this website are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, U.S. export laws and regulations. If you access this website, you do so on your own initiative and risk and you are responsible for compliance with all applicable local laws.
The terms of use set out herein are governed by and will be construed in accordance with the laws of the Province of Quebec and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to this Agreement or to any services offered by Kaku.ca will be brought and heard in Montreal, Quebec. Any claim or dispute between you and Kaku.ca that arises in whole or in part from the Kaku.ca website shall be decided exclusively by a court of competent jurisdiction located in Montreal, Quebec, Canada.

You are authorized to view the materials on this website for personal, informational and non-commercial uses only. Reproduction without the express written permission of Kaku.ca is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of these terms of use and legal restrictions, your authorization to use this website automatically terminates.

Reward Points
Kaku.ca rewards its active members through the distribution of Reward points, which may be redeemed for free gifts and free DVD rentals. Only active members are eligible to receive Reward Points. Kaku.ca reserves the right to limit, refuse to award, suspend or cancel the Reward Points program at any time. Abuse of the Reward Points system will result in disqualification from redemption.

Reward Points are not transferable nor are they redeemable for cash. If a member's rental account is suspended, the member's Reward Points may be suspended or lost. Kaku.ca reserves the right to change or alter the Reward Points program at any time.

Gift Memberships
Gift Memberships are non-refundable. Gift Memberships are not redeemable or refundable for any cash. Gift Memberships are valid and redeemable up to and including one year from the date of purchase. Gift Memberships are valid only in Canada. Gift Memberships cannot be combined with any other special or free offers except for the introductory two-week free trial period described in the General Terms of Use. The recipient of a Gift Membership must have a valid credit card to activate the Gift Membership.