Redbox reserves the right to modify or add to these Terms at any time without prior notice (“ Updated Terms ”). You agree that we may notify you of the Updated Terms by making them available via the Redbox Platforms, and that your use of the Redbox Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before each use of the Redbox Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Redbox Platforms from that point forward. Updated Terms will apply to your reservations or rental transactions that begin after the Updated Terms are effective.RENTAL TERMS
The Rental Terms above explain the rules for renting items from Redbox through our kiosks (or another Redbox Platform). The Rental Terms are a part of these Terms.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the Redbox Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Redbox Platforms; the compilation, assembly and arrangement of the materials of the Redbox Platforms; and all other materials related to the Redbox Platforms (collectively, the “ Materials “) are owned, controlled or licensed by Redbox, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Redbox, unless and except as is expressly provided in these Terms Any unauthorized use of the Materials is prohibited.
YOUR LICENCE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Redbox; or (c) provide access to any Redbox Platforms or Materials via any medium without the prior written consent of an authorized representative of Redbox.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the Redbox Platforms for any purpose or in any manner that infringes the rights of any third party. Redbox encourages you to report any content on the Redbox Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Redbox Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. Redbox has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Redbox’s copyright agent the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Redbox copyright agent for notice of claims of copyright infringement on or regarding the Redbox Platforms can be reached as follows:
Name: Frederick W. Stein
Mailing address: c/o Redbox Automated Retail, LLC
One Tower Lane, Ste. 900
Oakbrook Terrace, IL 60181
(630) 756-8885 (facsimile)
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on a Redbox Platform violates your intellectual property rights other than copyrights, please provide Redbox at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your intellectual property rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Redbox Platforms to: IPnotices@redbox.com.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Redbox will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Don’t make false claims! Please note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
USER COMMENTS AND POSTINGS
We may provide user comment areas, message boards or other interactive areas on the Redbox Platforms or social media selected by Redbox (“ Community Forums ”) to give users of the Redbox Platforms a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, “ User Content ”).
Rights You Grant to Us . Subject to applicable laws, whenever you send, post, upload, or otherwise make available User Content on a Community Forum or elsewhere on the Redbox Platforms or directly to Redbox (including by e-mail or text message) you: (1) grant to Redbox an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free licence to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral and similar right in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. Subject to applicable laws, you further authorize Redbox to publish your User Content in a searchable format that may be accessed by users of the Redbox Platforms and the Internet.
You represent and warrant that you are the owner of all intellectual property rights in Your Content and have the right to grant the licences and waivers provided in this paragraph.
No Responsibility . We are not responsible for, and we do not endorse, the User Content posted in Community Forums or elsewhere on the Redbox Platforms.
No Obligation to Prescreen/Monitor . We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. Because we may not prescreen User Content, if your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Redbox has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Redbox does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
No Obligation to Use . You agree and understand that we are not obligated to post, keep or use your User Content.
ACCEPTABLE USE POLICY
The following rules are here to help you understand the conduct that is expected of you when you participate on any Community Forums or other interactive areas of the Redbox Platforms. You agree that your participation in a Community Forum or other interactive area of the Redbox Platforms is subject to all the Terms, including the following:
Acceptable Use Policy:
- User Content must be yours please. All User Content must be in the public domain or original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Redbox Platforms and elsewhere.
- No pictures or images of anyone but you (and your friends and family with their permission). If you choose to upload photos to the Redbox Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Do not include music that isn’t yours. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Redbox Platforms and should be intended to add to the discussion and community on the Redbox Platforms – it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it does not belong on a Community Forum. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, offensive, indecent, obscene, pornographic or sexually explicit.
- Do not use a Community Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Redbox Platforms. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail or incur civil or criminal penalties for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum. We hope that you will use each Community Forum to exchange information and content and have discussions with other members. However, please remember that a Community Forum is a public forum and User Content that you post on a Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don’t damage the Redbox Platforms or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Redbox Platforms or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
VIRAL CONTENT DISTRIBUTION
Redbox may grant you — but only through express written permission — the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Redbox Platforms for such purpose (“ Viral Distribution “). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising. If expressly permitted and made available on the Redbox Platforms, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Redbox Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
MEMBERSHIP & REGISTRATION
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Redbox Platforms using your name in whole or in part. Redbox reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests or other promotions (any, a “ Promotion ”) that may be offered via the Redbox Platforms may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
WIDGETS & APPLICATIONS
Your use of the Widget may display our trademarks contained on the Widget or Materials made available via the Widget, but we control the use thereof and all goodwill associated with such use inures exclusively to us. You agree that you will not embed or otherwise make available a Widget on a web page or other location in violation of the prior sentence or that contains content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole opinion). We make no specific warranties and provides no conditions about Widgets and we may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, we may disable Widgets that you include on your Personal Page(s) if you violate these Terms (as determined by us in our sole discretion), or for any or no reason, without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or the Materials made available via any Widget. You agree to not make any commercial use of any Widget or the Materials made available in a Widget, in whole or in part, nor to sell, lease, hypothecate, transfer, license, encumber or otherwise exploit same, in whole or in part, or purport to give any third party permission to do so. This includes a prohibition on you or a third party overlaying or otherwise associating advertising with the Widget or Materials. You agree to include, and not remove or alter, our trademark, copyright or other proprietary rights notices, as provided by us on a Widget, Widget code or Materials made available via a Widget and you agree to comply with Widget usage guidelines that may be provided by us from time to time. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in a Widget or any component of a Widget that are designed to prevent users from copying, manipulating or retaining the Materials made available via a Widget. You also agree to not use (or attempt to use) any Widget, or any component of a Widget, to display content other than the specific Materials provided or intended by us to be displayed via a particular Widget.
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a Redbox Platform or your profile on a Redbox Platform with a third party site (each, an “ Application ”) and such Application may interact with, connect to or gather and/or pull information from and to your Redbox Platform profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Redbox Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Redbox has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Redbox harmless for the sharing of information relating to your Redbox Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
THIRD PARTY LINKS, APPLICATIONS AND CONTENT
Redbox grants you the revocable permission to link to www.redbox.ca, provided, however, that your web site, or any third party web sites that link to www.redbox.ca: (a) must not frame or create a browser or border environment around any of the content on www.redbox.ca or otherwise mirror any part of the Redbox Platforms; (b) must not imply that Redbox is endorsing or sponsoring it or its products, unless Redbox has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Redbox’s sole opinion, harm Redbox or its products or services; (d) must not use any Redbox trademarks without the prior written permission from Redbox; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Redbox’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to www.redbox.ca, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Redbox reserves the right to prohibit linking to www.redbox.ca for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Redbox Platforms and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE REDBOX PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REDBOX AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, MANDATARIES, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “ REDBOX PARTIES “) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AND PROVIDE NO CONDITIONS OF ANY KIND WHATSOEVER, LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, AS TO: (A) THE REDBOX PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE REDBOX PLATFORMS; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE REDBOX PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE REDBOX PLATFORMS, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM REDBOX OR VIA THE REDBOX PLATFORMS. IN ADDITION, THE REDBOX PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE REDBOX PARTIES DO NOT REPRESENT OR WARRANT THAT THE REDBOX PLATFORMS, THE ITEMS, OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE REDBOX PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE REDBOX PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE REDBOX PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE REDBOX PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE REDBOX PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE REDBOX PARTIES DO NOT WARRANT THAT YOUR USE OF THE REDBOX PLATFORMS OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE REDBOX PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CONDITIONS SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A REDBOX PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT REDBOX PLATFORM.
THE REDBOX PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH A REDBOX PLATFORM.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE REDBOX PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A REDBOX PLATFORM; (B) THE MATERIALS OR ITEMS; (C) USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A REDBOX PLATFORM, ITEM, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE REDBOX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A REDBOX PLATFORM, MATERIALS, ITEM OR PROMO CODE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A REDBOX PLATFORM’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE REDBOX PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A REDBOX PLATFORM) OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE REDBOX PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE REDBOX PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION OR TEN CANADIAN DOLLARS (CDN$10.00). YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL IS A SUBSTITUTE RENTAL OF EQUAL OR LESSER VALUE FOR THE SAME TYPE OF ITEM. If you believe you rented a defective item, you must contact Redbox customer service, otherwise Redbox will assume that the defect occurred during your rental period. THE FOREGOING SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF REDBOX ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE REDBOX PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE REDBOX PARTIES.
TERM AND TERMINATION
Redbox reserves the right to terminate your access to and use of the Redbox Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if Redbox believes your conduct fails to conform to these Terms or any Additional Terms. Redbox also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
You can terminate a rental transaction at any time by returning the rented items, or by keeping the items through the maximum rental period, so long as you pay the accrued daily rental charge(s).
Upon any termination of your access to and use of the Redbox Platforms or of a rental transaction, all licences and permissions granted to you by Redbox herein automatically terminate.
Redbox also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Redbox Platforms, in whole or in part, including the cessation of all activities associated with the Redbox Platforms, with or without notice. You agree that Redbox will not be liable to you or to any third party for any modification, suspension or discontinuance of the Redbox Platforms or any part thereof. Redbox also reserves the right to charge for use of the Redbox Platforms, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Redbox Platforms and its Materials are made available for use in Canada.
The information provided on the Redbox Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Redbox to any registration requirement within such jurisdiction or country. Redbox controls and operates the Redbox Platforms from offices located in the United Statesand makes no representations or warranties that the information, products or services contained on the Redbox Platforms are appropriate for use or access in any location or jurisdiction outside of Canada. Anyone using or accessing the Redbox Platforms from other locations does so on their own initiative and is responsible for compliance with applicable laws regarding online conduct and acceptable content. We reserve the right to limit the availability of the Redbox Platforms and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Redbox Platforms, including, without limitation, those governing your transmission or use of any software or data.
GOVERNING LAW; DISPUTES
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE PROVINCE WHERE THE APPLICABLE REDBOX PLATFORM IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A REDBOX PLATFORM, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE PROVINCIAL OR FEDERAL COURTS LOCATED IN TORONTO, ONTARIO, CANADA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN TORONTO, ONTARIO, CANADA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY REDBOX PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Redbox to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Redbox rights with respect to such breach or any subsequent breaches. No waiver by Redbox of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Redbox. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Redbox may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Redbox’s prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then, within such jurisdiction, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Redbox by virtue of Redbox having drafted them.
Redbox will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Redbox’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labour disputes, shortages or delays in obtaining supplies or service, materials, labour, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Redbox may perform any or all of its obligations under these Terms through or in cooperation with Redbox Canada GP.
Notwithstanding termination of your use of the Redbox Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “User Comments and Postings,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.
If you should have any questions or comments, please contact our toll-free customer service phone number: 1-855-733-2695.