Terms And Conditions

These terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and Bushido DVD Inc. (“Bushido DVD”).
THIS AGREEMENT is between Bushido DVD Inc. ("Bushido DVD") and the user ("user" or “you”) of the Bushido DVD website at www.bushidodvd.com and all subsidiary pages,(the “Site”), including all members of any Bushido DVD membership plan as described below.
Privacy
Any information submitted to the Bushido DVD website is subject to our Privacy Policy, the terms of which are accessible from our Site. Please review our Privacy Policy to understand our practices.
Joining; Membership Plans
To become a member, you must complete our registration process, accessible from our Site, and you agree to provide true, current, correct information about yourself in that process.
All Bushido DVD members must be at least 18 years of age, be a resident of the United States of America (or its territories) with a valid U.S. (or U.S. territory) mailing address, and must have a valid VISA or MASTERCARD credit card. In some cases, depending upon credit card company policies, we may also be in a position to accept AMERICAN EXPRESS or other credit cards, and such acceptance is a matter of Bushido DVD’s discretion.
During the registration process, you will be asked to choose a membership plan. The details of Bushido DVD’s membership plans can be found on our Learn More page. The plan you choose, including all costs and all terms and conditions related to it, will remain in place until cancelled according to this agreement, or until you change to a different membership plan using the My Account page.
Basic details of the current membership plans are as follows:
  • Ronin Plan: 1 DVD out at a time; $19.95 per month
  • Samurai Plan: 2 DVDs out at a time; $29.95 per month
  • Shogun Plan: 3 DVDs out at a time; $36.95 per month
  • Emperor Plan: 4 DVDs out at a time; $42.95 per month
    • Bushido DVD has the right to add, eliminate, or modify available plans at any time. Bushido DVD will endeavor to give you at least 30 days prior notice, by email, of any change to or elimination of your membership plan.
    All prices quoted are in US dollars.
    Security of and Liability Regarding Membership Information
    You alone are responsible for (a) keeping your password and any and all other confidential membership-related information confidential, and for (b) any and all activity that occurs under your account. You agree to pay all costs and fees incurred under your account according to the payment terms of these Terms and Conditions. You agree to (a) immediately notify Bushido DVD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You, and not Bushido DVD, will be liable for any costs, loss or damages arising from your failure to comply with this paragraph.
    My Account Page
    You agree to maintain and update your account-related information on the My Account page immediately upon any of it becoming incorrect or out of date, and failure to do so will be a material breach of this Agreement.
    Rental Limits, Delivery Methods and Timing
    As a member, you will be entitled to order, through our Site, DVDs from the Bushido DVD inventory. DVDs ordered will be provided to you, postage paid along with return-postage-paid packaging for the DVDs’ return, through the U.S. Postal Service. There are no return deadlines or late fees regarding return of such DVDs, provided that (a) you are only entitled to have as many DVDs out simultaneously as your membership plan permits, and (b) if we deem in our discretion that you have had any DVD longer than is reasonable (such period not to be less than four weeks), we have the right to require you to return it. While this is highly unlikely and rare, in certain instances due to certain DVDs’ popularity or rarity, or for other reasons, we will require DVDs to be returned.
    Notice of any such requirement to return any DVD will be e-mailed to you and you will have 7 days after our sending of that e-mail to return the DVD in question or we will have the right to charge its full purchase price to your credit card. Actual shipping and delivery times will depend on factors including our inventory, time of placement of your order, your delivery address and any circumstances affecting the operations of the U.S. Postal Service. Bushido DVD does not guarantee any DVD availability or particular delivery times, and is not responsible for any delivery issues. Note that DVDs sent back by you, but not yet received by Bushido DVD, will be considered to still be out on your account. Bushido DVD ships DVDs requested on weekdays (other than statutory holidays). You may see your currently-rented DVDs on your “My Wishlist” page.
    My Wishlist Page
    Bushido DVD will provide you with access to a “My Wishlist” page which contains your “wishlist” of titles you have indicated that you wish to rent, but which have not yet been shipped to you. Bushido DVD does not penalize you for keeping a long wishlist, and in fact strongly recommends that you keep at least 20 titles in your wishlist at all times in order to increase the likelihood of titles you seek being in our inventory. We recommend a minimum of 10 titles in your wishlist for our Ronin and Samurai Plan members and 20 for our Shogun and Emperor Plan members. If you have less than this minimum recommended number of titles in your wishlist it is possible that we may not have a disc available to send you. Bushido DVD will not refund or credit a member for lack of rental service if the member did not maintain the minimum number of recommended titles in their wishlist.
    Return Notification
    Bushido DVD may provide you with a “Return Notification” function on your My Wishlist page. If you have access to this function, you will have the ability to notify Bushido DVD immediately when you have shipped a DVD back to Bushido DVD. Upon receipt of such a notice, Bushido DVD may ship you one additional title from your Wishlist, despite the fact that doing so will result in you having more than your membership plan’s allotted number of DVDs out on your account at one time. If Bushido DVD does ship any such additional DVD, these Terms and Conditions will apply to all DVDs listed in Bushido DVD’s records as being out on your account. The availability of the Return Notification function and the shipment of DVDs prior to receipt of your DVDs shipped back are entirely at the discretion of Bushido DVD and you have no right to demand either access to such function nor shipment of any such additional DVDs.
    Payment Terms
    During your membership, you agree to pay and Bushido DVD will charge to your credit card (or chequing account if such option is available – see My Account page), on a monthly basis in advance, the cost of the membership plan then in effect, as well as any other amounts Bushido DVD is entitled to charge under this agreement, plus all applicable taxes. For the purposes of accounting, all accounts registered to the same billing and/or shipping address will be treated as one account. Therefore, a delinquent account can result in the canceling and or charging of other accounts associated with the same billing and/or shipping address. Billing will be on the monthly date corresponding to the date upon which you originally began your membership, unless that date does not arise in any particular month in which case you will be billed on the last day of the month. Any fees owing as a result of account delinquence, damaged DVDs or unreturned DVDs will be charged at the discretion of Bushido DVD. Any change in membership plan will only become effective upon the billing date following the date upon which you modify the My Account page to change your plan. Bushido DVD will also have the right to charge any other amounts described in this agreement to your account. You agree to pay all such amounts, plus all applicable taxes. In the event you fail or refuse to pay any amount owing to Bushido DVD, Bushido DVD reserves the right to use all legal mechanisms available to collect all amounts owed, and you agree that in addition such amounts Bushido DVD will be entitled to collect from you all amounts expended by Bushido DVD in pursuing its remedies, including legal counsel’s fees.
    Copying, Altering, and Use of DVDs
    You acknowledge that all DVDs are the property of Bushido DVD. You may not copy or alter any rented DVD in any way. You acknowledge that Bushido DVD has no right to, and does not, 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. Some of our DVDs are copy guarded by Macrovision and any attempt to copy a disk will result in permanent damage to both the disk and your DVD burner. Bushido DVD Inc. is not responsible for damage caused to your DVD burner if you are violating our Terms and Conditions by copying our DVDs. You will also be held liable for any damage caused to our DVDs that has resulted from any attempt to copy them.
    Caring for Rented DVDs, Damaged Rental DVDs
    You agree to handle the DVDs and their packaging with utmost care, and to: keep them out of direct sunlight and away from sources of excessive heat or cold; store them in their rental sleeves when not in use; return them to us in the return mailer provided with the protective cardboard pad in place, and use no solution of any kind to clean them. You also agree to report damaged DVDs to Bushido DVD immediately through the Contact Us page or by making the appropriate notation on their rental sleeve. If the return mailer is unusable or the protective cardboard pad is misplaced, you must inform Bushido DVD immediately to receive instructions on how to return your rental disc. Bushido DVD has the right to charge the then-current retail price for any DVD that is returned in a non usable condition (reasonable wear and tear excepted). Bushido DVD will contact you to discuss this before charging your credit card or debiting your chequing account.
    Lost DVDs
    You agree to report to Bushido DVD any lost/misplaced DVD as soon as you are aware of such loss through the Contact Us page. Bushido DVD will have the right to charge your account for the full replacement cost of any such DVD. Should you refuse to pay the retail value of the DVD which you have lost, Bushido DVD may suspend or terminate your membership in its sole discretion and take such steps as necessary to recover the cost of the lost DVD. Refusing to pay for a DVD which you have lost will be considered a material breach of these Terms and Conditions. On very rare occasions DVDs may be lost or stolen while in transit. If you inform us that you have shipped a DVD back to us and we do not receive it, you agree to complete and submit as soon as possible such forms and information as we request. This information will be provided to the U.S. Postal Service, police, and/or any other authorities involved in the investigation of any such claim. In cases where DVDs have been reported lost or stolen, Bushido DVD reserves the right to suspend service until a Lost or Stolen DVD Form has been signed and returned to Bushido DVD, whereupon Bushido DVD may, in its sole discretion, resume service and send a replacement of the lost or stolen DVD, discontinue service indefinitely, or cancel your membership and charge you the retail price of any DVD that is lost or stolen. Bushido DVD will contact you to discuss this before charging your credit card or debiting your chequing account.
    Disclaimer by Bushido DVD /Acknowledgement by You
    In addition to all other limitations and exclusions provided in this agreement, except as otherwise prohibited by law Bushido DVD disclaims and excludes liability for any damages or harm arising, directly or indirectly, in relation to the use of any DVD rented under this agreement. Without limiting the foregoing, Bushido DVD will not be liable for any damages of any kind arising in relation to any use of any instructional DVD, and you acknowledge and agree that participation in any martial art is inherently physical and potentially dangerous. You acknowledge and agree that upon rental of any DVD and/or use or imitation of any material contained therein, you voluntarily assume responsibility for all risks arising, including risks of injury and death.
    TERMINATION OF MEMBERSHIP
    Termination by the Member
    You may cancel your membership with Bushido DVD at any time by visiting the My Account page and following the instructions under the heading "Account Cancellation." Members will continue to be billed their monthly membership fee as long as they have DVDs in their possession. DVDs "in transit" are considered to be in the member's possession; therefore, it is very important for members to ensure that any DVDs they have in their possession be returned to Bushido DVD before their billing anniversary date to avoid further charges. Bushido DVD does not provide refunds or credits for any partial monthly membership periods if a member cancels before the end of their membership month or too close to their billing anniversary date and is charged for the next month's service. Members will continue to be billed until all titles in their possession are returned to Bushido DVD. When all outstanding titles have been returned, the member's account will be closed.
    Termination by Bushido DVD
    Bushido DVD reserves the right, at any time, to cancel the membership of any member with or without reason in Bushido DVD’s sole discretion. If such cancellation takes place during a billing period for a reason other than a breach of these Terms and Conditions by you, Bushido DVD will refund that portion of any pre-paid membership fees, prorated to take into account the portion of the pre-paid month already past at the time. In its discretion, upon any failure by you to abide by any provision of these Terms and Conditions Bushido DVD may e-mail you notice describing this breach to you and providing you with ten (10) days to remedy the breach. However, Bushido DVD has no obligation to provide such an opportunity to remedy, and in any case if you fail to remedy the breach to Bushido DVD’s reasonable satisfaction within the time provided, Bushido DVD may terminate your membership effective immediately upon the sending of a further e-mail stating that your membership has been terminated. Bushido DVD will not refund any prepaid membership fees if your membership is terminated on account of breach. 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. Bushido DVD respects and protects the intellectual property rights associated with DVDs. Accordingly, and despite the foregoing, Bushido DVD will cancel the membership of any member who Bushido DVD learns has copied, altered or performed the DVDs in a manner which violates these Terms and Conditions. Bushido DVD has the right to charge the then-current retail price (in Canada or the U.S.) for any DVD that is not returned to Bushido DVD within 10 days of termination of your membership by any party or for any reason.
    Notices/Communication
    Bushido DVD will communicate with you by way of e-mail to the email address contained at the time of sending in your registration information. Sending any notice to such e-mail address will be deemed to constitute effective notice of the matters provided in the e-mail sent, regardless of whether you actually receive such e-mail. You therefore bear the responsibility for ensuring that you keep your e-mail address up to date at all times. You may update your e-mail address on the My Account page.
    Site Offers are NOT Offers to Sell or Rent
    The advertisements and descriptions of Bushido DVD’s programs and policies are invitations to participate in the free trial and membership plan by signing up and submitting your orders, and are not offers to sell or rent DVDs. Your fully and properly completed and submitted order constitutes your offer to rent DVDs, and your submitted order shall be deemed accepted by Bushido DVD only upon Bushido DVD providing an order acceptance notice to your email address.
    Limitations on Use of Site Content
    Unless otherwise specified, all content on the Bushido DVD website is for your personal and non-commercial use and we grant you a limited license to access the Bushido DVD website for that purpose only. 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 Bushido DVD website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.
    Copyright and Trade Marks
    All content on the Bushido DVD website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of Bushido DVD Inc. or its suppliers and is protected by Canadian and international copyright laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.
    Entertainment and Website Content
    The Bushido DVD website allows you and other third parties to post reviews, ratings and comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Bushido DVD website are those of the respective authors or producers and not of Bushido DVD Inc. or its shareholders, directors, officers, or employees. Under no circumstances will Bushido DVD Inc. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Bushido DVD website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Bushido DVD website. We permit you to post reviews on the Bushido DVD website in accordance with the procedures established on the Bushido DVD website and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false email address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Bushido DVD website; however, we reserve the right to remove or edit such content at anytime without notice.
    Use of Information Submitted
    Any and all information and other material submitted by you to the Bushido DVD Site deemed to be provided under a perpetual, nonexclusive, royalty-free license to display, use, reproduce or modify that information, and Bushido DVD is therefore free to use any such comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Bushido DVD website without further compensation, acknowledgement or payment to you.
    Your Conduct on the Bushido Website
    By accessing the Bushido DVD website, you agree NOT to: Upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Bushido DVD Site. By accessing the Bushido DVD website, you agree NOT to: Interfere with the servers or networks connected to the Bushido DVD website or to violate any of the procedures, policies or regulations of networks connected to the Bushido DVD website, impersonate any other person while using the Bushido DVD website, conduct yourself in a vulgar or offensive manner while using our service, or use the Bushido DVD website for any unlawful purpose.
    Links
    Some of the hyperlinks on the Bushido DVD website may lead to other websites that are not controlled by, or affiliated with, Bushido DVD Inc. In addition, other websites may link to the Bushido DVD website. Bushido DVD has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
    Disclaimers
    THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE AND THROUGH THE BUSHIDO DVD PROGRAMS ARE PROVIDED "AS IS" AND 'AS AVAILABLE", AND BUSHIDO DVD, 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. BUSHIDO DVD 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 AVAILABLE THROUGH THE SITE 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. BUSHIDO DVD ASSUMES NO LIABILITY WHATSOEVER FOR THE PUBLIC PERFORMANCE OR THE AUTHORIZATION OF SUCH A PERFORMANCE OF ANY WORK EMBODIED IN ANY RENTAL DVD.
    Limitation of Liability – No Special or Indirect Damages
    In no event shall Bushido DVD 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 results in the requirement to service, repair or correct equipment or data, you assume all costs and risks.
    Indemnity and Restrictions
    You agree to indemnify and hold Bushido DVD harmless from and against any damages, claims, suits, costs or amounts of any kind, including without limitation legal and legal counsel fees (collectively, “Claims”), relating to or arising from your membership with Bushido DVD or your use of the Site. Indemnified Claims include in particular but without limitation any and all Claims relating to the use or imitation, by you OR ANY OTHER PERSON WHO USES/IMITATES SUCH DVD while rented by you, either with or without your consent, of any DVD you rent from Bushido DVD. 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 on or available through 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. 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 Bushido DVD is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of the Terms and Conditions and legal restrictions, your authorization to use this website automatically terminates.
    Governing Law and Forum
    This agreement is governed by and will be construed in accordance with the laws of Washington, D.C., and the federal laws of the United States of America applicable therein, without reference to principles of conflicts of laws. You agree that the courts located in Washington, DC the courts of appeal therefore will have exclusive jurisdiction to hear any and all actions, suits, claims or applications relating in any way to this Site or these Terms and Conditions, and you irrevocably submit to the jurisdiction of such courts.