By accessing this website and emailing to Cryptic Moth the Program Order Form,
and accepting delivery of any Program in any format or medium (i.e. DVD or
otherwise), Customer agrees to the “Permitted Use” as set forth above the
following terms and conditions:
1. “Private In-Home Use” or “Educational/Institutional Use” Only: Programs
may be used for “private in-home use” or “educational and institutional use”
only (as indicated in the Program Order Form) and may not be reproduced, duplicated,
transmitted, or retransmitted, digitized or delivered digitally or via any
other medium, nor will they be shown to audiences where an admission fee is
charged. Customer shall not sublicense, rent, sell or otherwise part with
possession of the Programs to any third parties.
2. No Reproduction: Any form of reproduction, in whole or in part, by any
method now known or not yet known, is strictly prohibited without prior written
authorization from Cryptic Moth. Customer may not rent, sell, alter or redistribute
Program, in whole or in part, or use Program in any other way for financial
or commercial gain.
3. Ownership: Cryptic Moth shall at all times remain the owner of all right,
title and interest in and to the Programs and all rights therein are reserved
to Cryptic Moth. Customer agrees to comply with all copyright, trade-mark
or intellectual property notices appearing on the Programs.
4. Privacy: Customer understands and agrees that personal and other information
that provided to Cryptic Moth in the Program Order Form, will be used solely
for the purpose of arranging for payment and delivery of the Program in accordance
with these Terms and Conditions. By submitting the Program Order Form to Cryptic
Moth via the electronic or mail address listed in this website, Customer consents
to the collection and use of such information in the ways stated in these
Terms and Conditions. Customer hereby releases Cryptic Moth from any and all
liability arising out of its collection and use of the information included
in the Program Order From and agrees not to make any claim against Cryptic
Moth in respect of such use.
5. Delivery: Cryptic Moth shall at Customer’s expense deliver to Customer
a DVD (or other medium offered by Cryptic Moth) of each Program, as specified
by Customer. The Program shall be deemed in satisfactory condition for exhibition
unless Customer immediately after inspection thereof notifies Cryptic Moth
to the contrary specifying the nature of the defect. Cryptic Moth shall not
be in breach of these Terms and Conditions for failure to deliver any of the
Programs by a certain date and shall not be liable for incidental or consequential
damages.
6. No Alterations: Customer shall exhibit each Program in its entirety only.
Customer shall not cut or alter the Programs or otherwise tamper therewith
and in no event shall the Programs be exhibited without the complete copyright
notices and/or credits contained therein.
7. Customer Warranties: Customer represents and warrants that: (i) the individual
submitting the Program Order Form to Cryptic Moth is at least the age of majority
in his or her province or territory of residence and is the authorized representative
of Customer; (ii) Customer has the authority to agree to these Terms and Conditions;
(iii) Customer will comply with these Terms and Conditions and will indemnify
Cryptic Moth in the event of any breach by Customer of these Terms and Conditions.
8. Cryptic Moth Warranties/Remedies: Cryptic Moth warrants that each Program
shall be free from defects at the time of delivery. If any defective Program
is returned to Cryptic Moth within 30 days of delivery to Customer, Cryptic
Moth will replace the defective Program, without charge. NO OTHER WARRANTY
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, SHALL APPLY
TO ANY PROGRAM HEREUNDER. Cryptic Moth shall have no other liability and Customer
shall have no other remedy, except as specifically provided in this Paragraph;
and in no event shall Cryptic Moth be liable for any consequential damages.
These Terms and Conditions shall apply to any replacement Program(s) furnished.
9. Force Majeure: In the event of circumstances beyond Cryptic Moth’s control
or force majeure, Cryptic Moth will not be liable for failure to perform any
of its obligations to Customer, in whole or in part, or any damages Customer
may suffer. Customer agrees that Cryptic Moth is released from liability and
shall not be liable for: (i) Internet, or computer malfunctions, failures,
or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed
computer transmissions; (iii) any condition caused by events beyond the control
of Cryptic Moth that may result in Cryptic Moth failing to receive Customer’s
Program Order Form.
10. Default: If Customer defaults hereunder, Cryptic Moth, in addition to
other remedies, may (i) repossess any Program previously delivered hereunder;
and/or (ii) refuse to take any further orders from Customer and may refuse
to make further shipment of Programs to Customer. In addition, Customer agrees
to pay Cryptic Moth's costs and expenses of collection and/or repossession
including the maximum lawyer’s fees allowed by law.
11. No Assignment: These Terms and Conditions are not be assignable by Customer.
12. Term: These Terms and Conditions shall be effective and remain in force
commencing on the date each Program is delivered to Customer and continuing
for the life of the particular DVD (or other medium) of the Program delivered
by Cryptic Moth to Customer.
13. Governing Law. These Term and Conditions set forth the entire and complete
agreement and understanding between the parties. This Agreement is made in
Ontario and shall be construed and enforced in accordance with the laws of
the province of Ontario and the federal laws of Canada applicable therein.
A waiver by Cryptic Moth of any breach or default by Customer shall not be
construed as a waiver of any other breach or default by such Customer.
14. Modifications to Terms and Conditions: Cryptic Moth reserves the right
to modify the content of these Terms and Conditions at any time.
