Terms and Conditions
Earth Cinema Circle Terms of Service
Welcome! These are the Earth Cinema Circle Terms of Service (“Earth Cinema Terms”). These Earth Cinema Terms are Additional Terms as set forth in the Gaia Community Terms of Use, and form a legal agreement between you (together with any business, entity or organization you are representing, “Member,” or “you”) and Gaiam, Inc. as Earth Cinema Circle’s parent company (referred to herein as “Earth Cinema,” “we” or “us”) (collectively, the “parties”). The Earth Cinema Terms govern your access to and use of the Earth Cinema Circle™ website and subscription services (collectively, the “Services” or “Earth Cinema Circle”).
1. Acknowledgments and Acceptance of Earth Cinema Terms
1a. The Services are offered to you conditioned upon your acceptance without modification of these Earth Cinema Terms, the Gaia Community Terms of Use (“Terms of Use”), Gaia Community Privacy Policy, as well as any other guidelines, rules or operating policies that Earth Cinema may establish and post from time to time, all of which are hereby incorporated by reference. By clicking the 'I accept these terms and conditions' button upon your registration for the Services, and each time you access or use the Services, you accept the terms and conditions contained and referenced herein. If you do not agree to these Earth Cinema Terms, you may not purchase, use or access the Services.
1b. You represent that you have attained the age of majority in the province, state or country in which you reside, and that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to subscribe to or use the Services.
1c. You are required to complete the registration form on the Sign Up page in order to use the Services. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the registration form. You are responsible for maintaining the security of your Account, passwords, and files.
1d. You acknowledge that, from time to time, it may be necessary for Earth Cinema to update or revise certain provisions of these Earth Cinema Terms. Earth Cinema reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion, and Earth Cinema will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services. Any such modifications will be deemed effective immediately upon posting of the modified terms, and your continued use of the Services following any such modification will be deemed your acceptance of the modified terms. You are responsible for regularly reviewing these terms, conditions, and notices, and any new terms posted. The most current version of these Earth Cinema Terms may be reviewed at any time on the Gaia website.
1e. If you do not agree to any of these Earth Cinema Terms, or any future changes made to these Earth Cinema Terms, your exclusive remedy is to cancel your subscription to the Services. Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance or upgrade the current Services will be subject to these Earth Cinema Terms.
2. Description of Services
Earth Cinema offers a membership subscription to Members to receive DVDs with films specially selected by Earth Cinema (see FAQ's for further details) on a bi-monthly (every other month) basis. You will also have the opportunity to participate in an online discussion forum with other Members about the films, and to rate the films.
3. Membership and Payment
3a. You may subscribe for a set term of months (“Pre-Paid Plan”) or a bi-monthly plan, under which we will send you a film every other month. On Pre-Paid Plans, you will be charged for the full term you select up front. For bi-monthly membership plans, you will be charged on an ongoing bi-monthly basis until you cancel your membership by emailing us at info@earthcinemacircle.com or calling 1-866-284-8058.
3b. You agree to pay subscription fees (“Fees”) every other month during the time your subscription is active. Earth Cinema reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which Earth Cinema does not currently charge a fee) at any time. We will strive to provide you with reasonable notice prior to making any fee changes or modifications.
3c. You agree to pay all subscription fees and any other charges incurred by you (including any applicable taxes) at the rates in effect when the charges were incurred. For your convenience, all Fees will be billed to the credit card provided when you registered (or to a different credit card if you change your account information) in accordance with your subscription and subsequent product orders. You hereby authorize Earth Cinema to charge your credit card for the amounts that relate to your subscription and other purchases, if any. If Earth Cinema is for any reason unable to effect automatic payment via your credit card, Earth Cinema will attempt to notify you via email and your access to the Services may be disabled until payment is received. You are responsible to notify Earth Cinema of any changes to your credit card information and to update your information if your credit card has expired. Earth Cinema may discontinue or otherwise interrupt your access to the Services if you fail to so notify Earth Cinema.
3d. You agree to pay all charges on time. All Fees will be paid in U.S. dollars. You are responsible and liable for any fees, including attorney and collection fees, that Earth Cinema may incur in its efforts to collect any remaining balances due from you. You are required to notify Earth Cinema of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not do so, you waive any right to dispute such problems or discrepancies.
4. Cancellations/Returns
4a. You may cancel your membership at any time, simply by calling us during regular business hours on our customer service line at 1-866-284-8058 or by emailing us at info@earthcinemacircle.com. Please allow us one month to process termination requests. You must cancel your membership at least 15 days before it renews in order to avoid charging of subscription fees for a new term to your credit card. Earth Cinema does not provide refunds or credits for any partial bi-monthly subscription period. Additionally, if you cancel your pre-paid subscription during the initial term of the subscription, the discounted price of the pre-paid plan will not apply, and you will be charged the regular bi-monthly membership rate plus shipping and handling costs for all of the months (or partial months) prior to your termination of your subscription.
4b. We will accept returns on unopened DVDs within 45 days of our mailing (60 days for Members outside of the United States). We will apply a credit for returned, unopened merchandise, less shipping and handling in the manner of original payment. DVDs will be returned at your sole cost, and we recommend that the products be shipped with some form of tracking or return receipt. If you return any DVDs, we will cancel your membership and process your refund within 30 days of receiving the returned DVD.
4c. Defective DVDs may be returned for a replacement within 120 days of our mailing. Please contact customer service at 1-866-284-8058 or by emailing us at info@earthcinemacircle.com for instructions on how to return defective DVDs .
5. Delivery
Earth Cinema uses the U.S. Postal Service in the United States, and a freight forwarder internationally, to deliver Earth Cinema's monthly DVD selections and other products purchased from Earth Cinema. Orders will generally be processed within two business days of their receipt, however, the delivery times may vary depending on your membership registration date, the available inventory, your delivery address and any circumstances that may impact the U.S. Postal Service and/or freight forwarder.
6. Effect of Termination
6a. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Earth Cinema. Earth Cinema will not be obligated to refund any pre-paid fees if you cancel your Account for any reason.
6b. If Earth Cinema terminates your Account because you breach these Earth Cinema Terms or any related agreements or guidelines, Earth Cinema will have no liability to you or any third party because of such termination or action.
7. Additional Notices
7a. The films distributed to Members through Earth Cinema are not rated through the traditional Hollywood rating system. We strive to ensure our content is family-friendly, whether a drama, comedy or documentary; however, some films contain adult content and themes including, for example, loneliness, heartbreak or loss.
7b. We make no representation that the materials and content of the Service are appropriate or available for use outside of the United States. Visitors and Members from outside the United Sates are responsible for compliance with all applicable laws.
8. Security and Access
For transmitting personal information, such as when you use a credit card to register, we use a secure server (SSL), which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorized access. While we take precautions to ensure that your information is secure on our system and in most cases transactions are completed without difficulty, we cannot guarantee “perfect security” on the Internet or offline and we are not responsible for the success or security of your transactions.
9. International Visitors and Members
If you are accessing our Service from a country other than the countries in which our servers are located (currently the United States), the various communications will necessarily result in the transfer of information across international boundaries. By using our Service and communicating electronically with us, you consent to the processing and transfer of your data.
