Help with Legal Questions

What happens with customer reviews I submit to the website?

By submitting a review, you give us the right to edit the review, publish the review on our website, and otherwise use it online and offline.

What is the privacy policy ?

You can read it here.

What happens to emails sent to SmartFlix ?

We will never share your email address with anyone.

We do, from time to time, use quotes from customer emails in online and print advertising. In these cases, we only use an indistinct identifier: a first name, or something similar - nothing that could compromise your privacy.

If you would prefer that we not use any quotes even in this manner, please attach a note to each email message to us. It is important that this note be attached to each such email.

Can I copy the video while I'm renting it?

No. When you rent a video, you are renting just the physical video. The copyright owner retains all rights to reproduce, sell and distribute the video, and does not grant anyone else those rights. If you like a video well enough to want to watch it over and over and over, contact us and we'll put you in touch with the relevent vendor so that you can buy your own copy.

Can I publicly display the video, for example, at a machinists' convention?

No. SmartFlix owns physical videos, and has the right to rent them out. We do not have performance rights for the videos, and thus we can not display the videos publicly, nor can we allow customers to display the videos publicly.

This is true of all videos; if you look at the fine print at your corner movie rental place, you'll probably see the same thing.

What if a DVD breaks while I'm renting it?

Please drop the video in the cardboard mailer and return it. Mechanical defects occur, and videos age, so if a video breaks under reasonable use, you will not be charged to replace the video. If we ascertain that the video broke under unreasonable use (we find teeth marks on the video, or a peanut butter sandwich wedged inside a tape, or your VCR destroyed it), you will be charged to replace the video.

What if I lose the video?

You will be charged to replace the video.

Do I need to sign any paperwork, or mail in a form?

No. By using this web site and this service you agree to the terms and conditions.

If I follow a video's instructions, and I cut my head off, or weld it onto some pipes, can I sue SmartFlix?

No. The disclaimer follows:

Agreement not to be held liable

By using this website and/or renting or purchasing videos or books from this website, you agree to not hold the owners of the site liable for any event that should happen as a result of you following the information provided within this website and within the books or videos rented or purchased.

Use the information provided in books, videos, and this website at your own risk. The information within this website and within the books or videos rented or sold by this website is provided as-is without warranty of guarantee of any kind.

Copyright holders of the various books and videos are individually responsible for the content and accuracy of the information found in said books and videos.

All recommendations in books, videos, and this website, for using tools, using processes, storage or use of products, etc. are based on copyright holder's knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of tools, processes, products, etc., must make your own determination and satisfy yourself that methods recommended are suitable for your intended process or purpose, location, tools, etc., and that you are in compliance with environmental, health and safety regulations.

Materials not vetted

Technical Video Rental DBA SmartFlix does not vet information provided in the books and videos offered for rental or sale at this site. The use of the phrase "I think you'll enjoy the video(s); I did.", or similar phrases, in the website, in email, or in other venues, should not be taken as an indication that any particular video or book has been viewed or read by any employees or owners of Technical Video Rental DBA Smartflix, or that there is any sort of expert review of materials offered for sale or rental at Technical Video Rental DBA SmartFlix.

In no event will Technical Video Rental DBA SmartFlix, or employees or owners of Technical Video Rental DBA SmartFlix be liable to any party for direct, indirect, incidental, special, punitive or other consequential damages resulting from any use of this web site or of the information made available on it, or from any use of any book or video rented or sold through this web site, including, but not limited to, any damage to people, health, property, loss of business, loss of profits, loss of data, or loss of use.

What if I don't return the video?

Maybe machinists and hobbyists are more moral than the average person, but we've never had a single problem. Additionally, the President of SmartFlix counts "Using Small Claims Court" as one of his hobbies. He has filed over half a dozen lawsuits and won every one. Any customer who rents a video and refuses to return it will be prosecuted.

Is it legal for SmartFlix to rent out these videos?

Yes.

Under US Copyright law, one does not need permission of the original copyright holder to rent out a lawfully acquired copy of the video (this is known as the "first sale" doctrine, and is explained in 17 USC, section 109 of the US Copyright law).

Under Canadian Copyright law, one does not need permission of the original copyright holder to rent out a lawfully acquired copy of the video (Canadian Consolidated Statutes and Regulations C-42 - 3(1) gives the copyright holder no right to restrain the rental of lawfully acquired copies of video recordings).

SmartFlix is a member of EMA (Entertainment Merchants Association), a trade association of video rental stores and companies. EMA assures us that the rental of videos is perfectly legal under US and Canadian copyright laws, regardless of whether the copyright holder has given its permission. You can learn more about the 'first sale doctrine' here.

SmartFlix retains the services of Interaction Law in Washington, DC. SmartFlix has verified with Interaction Law that our business renting videos complies with all copyright laws.

SmartFlix is aware of the rights held by video renters under the copyright laws, and vigorously defends itself against false accusations of copyright infringement.

You can read more about the First Sale Doctrine on the internet.

Some of the DVDs are DVD+/- R. Does this mean that you've duplicated / pirated them?

Absolutely not.

All videos are original. Under US Copyright law, we have the right to rent out original copies that we purchase; we do NOT have the right to make copies.

SmartFlix takes intellectual property laws VERY seriously.

Many of the authors we carry are running small, home based companies, and thus the DVDs they sell are home-made DVD+/-Rs.

Other DVDs are from larger firms, and the DVDs they sell are normal pressed DVDs.

That's why you'll find a mix of DVD types in our inventory.

Some of the DVDs are hand-labelled. Does this mean that you've duplicated / pirated them?

Absolutely not.

All videos are original. See the FAQ entry on DVD +/- Rs.

Many of the authors we carry are running small, home based companies, and thus the DVDs they sell are home-made DVD+/-Rs. A very few of these do not apply normal labels, but hand-label their DVDs. We wish it was otherwise, but rest assured: when you see hand-labelling of DVDs, that's how we got them.

I'm a copyright holder, and I want SmartFlix to carry my video. What do I do?

SmartFlix is always interested in carrying new titles.

Additionally, our role as a portal carrying hundreds of different titles draws more traffic than most small websites...so having SmartFlix carry your video is a good idea: if the tape is popular, you'll sell lots of copies to SmartFlix, and you'll get publicity for your own site.

To tell us about a video you'd like us to carry, please contact us.

I'm a copyright holder, and I want SmartFlix to NOT carry my video. What do I do?

First, it's important to realize that SmartFlix has the complete legal right to rent out legally acquired copies of any video it wishes.

That being said, SmartFlix thinks that good relations with copyright holders can be beneficial to both parties.

With that in mind, here are some ways that SmartFlix can help you:

1. SmartFlix can purchase your videos, putting money in your pocket.

As the major Hollywood studios discovered in the 1980's, having a healthy rental market helps their bottom line: all of the evidence points to the fact that the studios make far more money selling hundreds of copies to each video store than they would make selling a few videos to individuals. After all, video stores are businesses, and can shell out $45 per title...most individuals look at $45 and think "...for a single tape?!? I think not!". You've probably been to your local video store a couple of times in the last few months. How many videos did you rent? If those hadn't been available for rental, would you have purchased them for $30-$50 instead? Probably not; you probably wouldn't have bought them...but by renting them, you created demand, and the video store purchased those tapes, putting money in the studios and actors pockets.

Some SmartFlix customers have written that they do like to buy a few videos, but feel don't want to take a $40 or $80 gamble...they'd rather spend an extra $10 up front as "insurance" and then just buy the tapes that they enjoyed and want to refer to again and again.

2. SmartFlix can direct anyone who sends email asking about buying your videos to your website.

3. If you have hardcopy promotional information, an advertising deal could be reached wherein SmartFlix drops a copy of your materials in outgoing packages, the same way that you often see ads for new products in a box that you get from Amazon.com, or Duluth Trading Co., etc.

To discuss any of these options, please contact us.

Are you allowed to use screencaps and descriptive text to advertise the video?

Yes, we are allowed to, under the Fair Use doctrine. Under the Fair Use "Four Factors Test", our use is clearly legal. This has been established by the courts in other cases where vendors use, for example, the copy on a book cover to advertise a book, the text of a DVD's case to advertise the movie, etc.

Some of your videos are DVD-ROMs. How do you rent out computer programs? Isn't that illegal?

We do not rent out computer programs (and even if we did, renting out certain varieties of computer programs is legal, but that's another story).

Some of our videos are Quicktime movies, which are data files that are read by a program installed on the user's computer. When the data file is read, it is displayed as an audiovisual work - exactly the same thing that happens when the digital data file is read off of a DVD by the special-purpose software that resides in a ROM chip inside your DVD player (which is, in turn, a special purpose computer).

In short: renting out Quicktime movies on DVD-ROM is entirely legal.

Are you allowed to rent out a DVD that has data files on it (for example, images, custom brushes for a painting tool, etc.) ?

Yes, it is legal to rent out a DVD that has data files on it.

What terms, phrases, etc. are trademarked?

"Technical Video Rental" is trademarked.

"SmartFlix" is trademarked.

The logo with three lightbulbs is trademarked.

The logo with one lightbulb is trademarked.

"TVR" is service marked.

The phrase "You need to know. We show you how." is service marked.

The phrase "Rent. Learn. Return." is service marked.

The phrase "Web's Biggest How-To DVD Rental Store" is service marked.

If you have any question not answered above, please check the main help section or send us mail.