Terms and Conditions

PEACEFLIX SUBSCRIPTION TERMS AND CONDITIONS

Acceptance of Terms and Conditions

PeaceFlix is a service of Elan Vital, Inc. (“Elan Vital”), dba Visions International (“we”, “us”, “our”, “Visions International”).  These Terms and Conditions govern your use of the PeaceFlix service and Web site.  By using, visiting, or browsing the PeaceFlix Web site and/or subscribing to the PeaceFlix service, you accept and agree to be bound by these Terms and Conditions.  If you do not agree to these Terms and Conditions, you should not use the PeaceFlix service or Web site.  You must be at least eighteen years of age to subscribe to the PeaceFlix service. 

These Terms and Conditions are an ongoing contract between you and PeaceFlix and apply to your use of the PeaceFlix service and Web site.  These Terms and Conditions affect your rights and you should read them carefully. 

Changes to Terms and Conditions

Visions International, reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in its sole and absolute discretion.  The most current version of these Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” link on any page in the PeaceFlix Web site.  The most current version of the Terms and Conditions will supersede all previous versions.  Your use of the PeaceFlix Web site or continued use of our service after changes are made means that you agree to be bound by such changes. 

Billing

By using the PeaceFlix service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, shipping and handling charges, and any applicable tax and any other charges you may incur in connection with your use of the PeaceFlix service. As used in these Terms and Conditions, “payment method” shall mean the credit card, charge card, or debit card you authorize us to charge for your use of this service, and “billing” shall indicate either a charge or debit, as applicable, against your payment method.  By completing the subscription transaction you are confirming that you are authorized to use the payment method submitted. 

The subscription fee will be billed at the beginning of your subscription and on or about the 20th each month thereafter unless and until you or we cancel your membership.  All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.  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 e-mail.  If you want to use a different payment method or if there is a change in your credit card validity or expiration date, please update your account by going to www.PeaceFlix.com and clicking on the My Account button.  If your payment method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. 

Automatic Renewals

Your PeaceFlix subscription will be automatically renewed on a monthly basis.  We will bill the monthly subscription fee plus any applicable tax to the payment method you provide to us during registration.  Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it.  You must cancel your membership before it renews each month in order to avoid billing of the next month’s subscription fees to your payment method.

Cancellation

You may cancel your subscription to PeaceFlix at anytime.  If you cancel after the 10th of the month you will be billed and receive the current month’s subscription but you will not be billed again.  You may cancel by going to www.PeaceFlix.com and clicking on the My Account button

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY OR NO REASON.  Any payments made for PeaceFlix DVDs not delivered due to the termination of the subscription service will be refunded to you.

Right to Refuse Orders

Visions International reserves the right not to accept or process your order for any reason.  All orders are subject to validation checks and authorization by the provider of your payment method.  If Visions International does not accept your order and payment has already been made, Visions International will notify you and refund your subscription in full immediately. 

Delivery

PeaceFlix will be delivered via First Class mail.  Visions International will not be liable to you for any delay in delivery or non-delivery of PeaceFlix where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not limited to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labor disputes or malicious damage involving employees.  Delivery will be made to the address entered by you when you first subscribe unless and until you change it.  You may change your shipping address by going to www.PeaceFlix.com and clicking on the My Account button.

Damaged DVDs

If any DVD arrives damaged or is lost on its way to you we will send out a replacement.  To report lost or damaged DVDs email us at info@peaceflix.com.  We reserve the right to limit replacements sent if we believe, in our sole and absolute discretion, that a request for replacements is in connection with any fraud or deceitful activity. 

Disclaimers of Warranties and Limitations on Liability

THE PEACEFLIX SERVICE AND WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SERVICE, THE WEB SITE, OR ITS CONTENTS.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE SHIPMENT OF DVDS, DELIVERY OF ANY CONTENT CONTAINED ON THE PEACEFLIX WEB SITE, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE PEACEFLIX WEB SITE, OR ANY CONDUCT BY USERS OF THE PEACEFLIX SERVICE OR WEB SITE.  WE RESERVE THE RIGHT TO SHIP DVDS IN OUR SOLE AND ABSOLUTE DISCRETION.  WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL ELAN VITAL, INC. AND ANY DIRECTOR, OFFICER, OR EMPLOYEE THEREOF, OR ANY ELAN VITAL AFFILIATE, SUBSIDIARY, PREDECESSOR, ASSIGN, OR SUCCESSOR OR ANY OF THEIR DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE, JOINTLY OR SEVERALLY, TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR HARMS OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PEACEFLIX WEB SITE, ITS CONTENTS OR OUR SERVICE. 

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. 

Copyright

The use of DVDs sold to you by us is solely for your personal and non-commercial use.  All content, text and graphics of the PeaceFlix Website  are the property of Visions International or its licensors and is protected by United States and international copyright laws.  The compilation of all content on this site is the exclusive property of Visions International, and protected by U.S. and international copyright laws.  Content shall not be reproduced or used without express written permission from Visions International, or its licensors.  All DVDs provided to you through the PeaceFlix Service are protected by United States and international copyright laws, and you agree not to copy, distribute, excerpt, broadcast, or prepare derivative works from any DVDs provided to you through the PeaceFlix service.  Visions International reserves the right to terminate your membership hereunder if Visions International, in its sole and absolute discretion, believes that you are in violation of this paragraph. 

Use of Personal Information

We use the personal and transactional information you supply to us in order to fulfill your subscription order.  We do not divulge or sell this information, except as required by law or legal process, or as necessary to provide you with the PeaceFlix service.  For example, we will provide your shipping address to our shipper, and will use your payment information to process your payment.  We also may use your contact information to respond to your inquiries.  In addition, from time to time we may send you information about new material or programs offered by us.

Contact and Questions

You may contact PeaceFlix by going to www.PeaceFlix.com and selecting the “Contact” button.  You will be asked to provide us with your name and e-mail address, and you agree to enter only e-mail accounts that you are authorized to use.  By contacting us, you authorize us to respond to your inquiries at the e-mail address provided. 

Electronic Communications

By using the PeaceFlix service, you consent to receiving electronic communications from Visions International at the e-mail address you provide to us.  You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

 Links

Some of the hyperlinks and banners on the PeaceFlix Web site may lead to other Web sites that are not controlled by, or affiliated with, Visions International.  In addition, other Web sites may link to the PeaceFlix Web site.  Visions International has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Governing Law and Jurisdiction

These Terms and Conditions are governed by California law not withstanding any choice of law analysis.  You and we hereby agree that any disputes arising under or relating to these Terms and Conditions and/or the services provided by PeaceFlix shall be litigated, if at all, in a court located in California.

Headings

All headings in these Terms and Conditions are included solely for convenience.  Headings do not constitute terms of these Terms and Conditions and shall not be used to interpret, explain, expand, contract, or modify any term of the Terms and Conditions.

Entire Agreement

These Terms and Conditions set forth and constitute the entire agreement between you and us concerning their subject matter and supersede any and all prior agreements, understandings, promises, warranties, and representations made by either of us concerning the subject matter of these Terms and Conditions.

Severability

If any part or any provision of these Terms and Conditions shall be finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, that part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts or provisions of these Terms and Conditions.