huzo - Terms and Conditions

TERMS OF USE

Acceptance of Terms of Use
These Terms of Use govern your use of the Huzo service and www.huzo.com website. By using, visiting or browsing the Huzo service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Huzo service or www.huzo.com website.

These Terms of Use are an ongoing contract between you and Huzo and apply to your use of the Huzo service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Huzo Inc. reserves the right from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Huzo website. The most current version of the Terms of Use will supersede all previous versions.

Privacy
Any personally identifying information submitted on the Huzo website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

Product Descriptions

Huzo attempts to be as accurate as possible. However, Huzo does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. If a product offered by Huzo itself is not as described, your sole remedy is to return it in unused condition.

Sharing Your Content and Information

You own all of the content and information you post on Huzo, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Huzo ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. YOU WARRANT THAT ALL INFORMATION POSTED BY YOU ON YOUR ACCOUNT IS ACCURATE AND CORRECT AND THAT YOU OWN ALL THE NECESSARY RIGHTS TO ALL PHOTOS AND VIDEOS POSTED BY YOU, INCLUDING COPYRIGHT AND RIGHT OF PUBLICITY.
You also give us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free license, coupled with interest to use your name and likeness in connection with any and all promotions of Huzo and its service in any and all media, now known or hereafter devised, throughout the universe. This license will end when you close your account at Huzo.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others) and that we may archive some of the IP content and continue to use some of the information provided by you for marketing and promotional purposes even after you close your account.
Huzo allows users to its website to post reviews and comments, "Content," on products featured on the site. By submitting such Content, you automatically agree or promise that all content is accurate and original and that without any particular time limit and without the payment of any fees, Huzo and anyone Huzo permits may reproduce, display, distribute and create new works of authorship in any media based on and including the Content. Additionally, you grant Huzo the right to use the name you submit in connection with such Content. All reviews and comments posted by you on Huzo become property of Huzo once you post them. You hereby assign us any and all rights you have in such Content, including the copyright. You understand that we may use such Content even after you close your account.
When you publish content or information using the "everyone" setting, it means that everyone, including people not affiliated with Huzo, will have access to that information and we may not have control over what they do with it.
No Endorsement of User Content. Users to this site are prohibited from posting through this site any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libelous, racially, ethnically or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that Huzo does not endorse or pre-screen content, but that Huzo and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via this site.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, comment or other content. Huzo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
We always appreciate your feedback or other suggestions about Huzo, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Huzo safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications (such as spam) on Huzo.
You will not collect users' content or information, or otherwise access Huzo using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Huzo.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on Huzo without our prior written consent. If we consent, you take full responsibility for the promotion and all applicable laws.
You will not use Huzo to do anything unlawful, misleading, malicious or discriminatory.
You will not do anything that could disable, overburden or impair the proper working of Huzo, such as a denial of service attack.
You will not facilitate or encourage any violations of these terms of use.

Registration and Account Security

Huzo users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Huzo, or create an account for anyone other than yourself without permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
YOU HEREBY WARRANT AND GUARANTEE THAT ALL FINANCIAL INFORMATION PROVIDED BY YOU, SUCH AS YOUR CREDIT CARD INFORMATION AND SOCIAL SECURITY NUMBER, IS ACCURATE AND CORRECT. YOU AGREE TO KEEP YOUR CREDIT CARD INFORMATION CURRENT. YOU UNDERSTAND THAT FAILURE TO KEEP YOUR FINANCIAL INFORMATION CURRENT WILL RESULT IN OUR CLOSING YOUR ACCOUNT AT HUZO. MOREOVER, FAILURE TO UPDATE YOUR FINANCIAL INFORMATION WITHIN 90 DAYS WILL RESULT IN FORFEITURE OF ALL THE FUNDS IN YOUR HUZO ACCOUNT.
You will not use Huzo if you are under 18.
You will not use Huzo if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name) or if your username too closely resembles the name of an existing user. We may modify your username by adding a number to it, in our sole discretion.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on Huzo that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Huzo if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, see "How to Report Claims of Intellectual Property Infringement" section below.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Huzo and Huzo logos), or any confusingly similar marks, without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Huzo) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Huzo.

How Our Service Works
Huzo is a combined online purchase service and social networking service providing its members with access to a comprehensive library of motion picture, television and other audio-visual entertainment ("movies") on standard definition or Blu-ray disc (either format referred to herein as "DVD"), Video Games, Music CDs and eBooks. We also offer our members the opportunity to create a homepage to share what Movies, Games, Music and eBooks the members are renting and to interact with other members. Our members can also post reviews or comments on their homepage. In addition, if you chose to become a Huzo affiliate, you will receive a commission of up to 2% of fees paid to us by all members that sign up for Huzo service through your homepage, or accept your invitation to sign up for service. This commission is purely discretionary with Huzo and can be changed or terminated at any time.

Pursuant to our monthly plan, members receive DVD, CDs, or game disks by U.S. mail and return them to us in a prepaid envelope provided with the disk.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Below is a general description concerning the operation of our DVD purchase service:

The Number of DVDs, CDs and Games You Can Purchase

We provide a number of different membership plans to accommodate a variety of movie watching preferences, movie listening and gaming preferences. Click on the "Your Account" link, located at the top of the pages of the Huzo website and see "Change Plans" for details on the various plans we offer. To view your current plan and other details, click on "Membership Terms and Details" on the "Your Account" page. You may modify your plan in the Change Plan section of "Your Account" if your current plan is not satisfying your movie watching needs. Regardless of your plan, should we feel that you are using the service in an abusive or excessive manner, we reserve the right in our sole discretion to modify the terms and conditions of your plan, to suspend shipment of product to you, or to terminate your account.

Delivery Speed

We utilize the U.S. Postal Service for deliveries to you. The delivery times you encounter will vary based on a number of factors, such as your geographic location and distance from our delivery center, DVDs, CDs or games rented by you, and the quantity of DVDs, CDs or games rented by you. At present, we send you an email letting you know when we have received a returned movie, disk or game, and we also send you another email letting you know when we have shipped your next DVD, CD or game, including the anticipated day of delivery. We make no representations or warranties to you of any firm delivery times other than they will be commercially reasonable.

No Due Dates or Late Fees

Provided you continue to be a paying member of our service, you may keep the DVDs, CDs or games delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You are required to return the Movies, CDs or Games within 7 days following any cancellation of the service or be subject to charge for unreturned DVDs, CDs or Games. Also, you may be charged for movies, CDs or Games that you lose.

Membership and Billing
You can find the specific details regarding your membership with Huzo at anytime by clicking on the "Your Account" link, located at the top of the pages of the Huzo Website.

Billing

By starting your Huzo membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax, and any other charges you may incur in connection with your use of the Huzo service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "Membership Terms and Details" link on the "Your Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for lost DVDs or DVDs not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 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 email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Huzo Website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your Huzo membership will continue in effect 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 membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Huzo Commission

If you are a Huzo affiliate, your Huzo commission, if any, will be paid to you monthly via a check made payable to you and mailed to the address specified by you on your membership profile. The Huzo commission will be calculated based on membership dues received by us during the previous month from members that have directly signed up for Huzo service through your homepage and who remain as your affiliate members on your homepage. The amount of Huzo commission can be changed by us at any time. We may also cancel the Huzo affiliate program at any time. The Huzo commission program is purely discretionary with us and does not entitle you to any ownership interest in Huzo Inc. or any of its affiliates.

Cancellation

You may cancel your membership to Huzo at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." You will not be entitled to a Huzo Bonus for any month during which you cancel your membership or your membership is terminated by us. Once your membership is cancelled and terminated, you will not be entitled to any further Huzo Bonuses.

We reserve the right to terminate your account for any or no reason.

Community

Our Community feature provides you with a number of ways to share your Huzo experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.

Again these features may change or even be eliminated without notice to you. We may not describe all these features in the Terms of Use or elsewhere on our website. We hope that you find our Community feature, as it may change from time to time, to be a great way to share information and discover new movies. However, if you no longer wish to participate in our Community feature, you may remove yourself from the Community feature at anytime by unchecking the box "Allow this User to Participate in Community Features" which can be found by clicking on the "Your Account" link, selecting the "Account Profiles" link (located in the Account Information Box) and then selecting "edit."

BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE HUZO COMMUNITY, HUZO MEMBERS AND OTHER VISITORS TO THE HUZO WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM DO NOT USE THE COMMUNITY FEATURES.

Use of the Community feature is for your personal, non-commercial use and is at your own option and risk.

There are different elements to Huzo Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Anyone who participates in the Huzo Community is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired to identify yourself in connection with your Account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. You always have the opportunity to update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings and other forms of personal information on our Website.

In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated, to review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

Friends

Our Friends feature allows you to connect with those on your "Friends List" to share information about movies. To create a Friends List, just click on "Invite Friends" at the Friends tab and follow the instructions provided. You may also connect with Friends by accepting an invitation sent to you or by posting the HTML link (available on the Invite Friends page) anywhere on the Internet. If you invite a friend who is not currently a Huzo member, your friend will be given the opportunity to become a member in order to be on your Friends List.

Each person on your Friends List will be able to view your real name, location, movie ratings, queue information, reviews and any comments and other information you choose to post, and you will be able to view their real name, location, ratings, queue information, reviews and comments. Your Friends will also be able to see some general information about your other Friends. Your Friends will also be able to leave you notes, visible only to you and them. Your "Queue information" is what movies you have at home, what's currently in your Queue and what movies you have rented in the past.

Others accessing the Huzo website will be able to see general information about individuals using the Friends feature. For example, if an individual clicks on a reviewer's profile, the individual will be able to see the reviewer's Friends and the individual can continue on to see information on the various Friends' Friends.

If you are not interested in sharing any of this information with individuals on your Friends List or with others on the website, you may remove one or all individuals from your Friends List at any time by selecting "Remove Friend" in the Community sidebar. Removing all individuals from your Friends List effectively removes you from all the Friends features. You also can go to the Community Profile, and change your setting to "Private" which allows you to participate in Friends features, but without being seen through the Friends of your Friends.

You should be aware that your use of the Friends feature will cause information concerning your use of the Huzo service, such as what movies you have viewed, the movies you have at home, the movies you want to watch, your opinions of movies you've rated and any comments and other information you have posted to be available to the individuals on your Friends List. Others accessing the Huzo website will also be able to see general information about you through your use of Friends. Those who see the Friends web link that you may choose to post or who receive your invitation will know you are a Huzo member, whether or not they join your Friends List. We do not review the content of the e-mail invitations or the comments posted through the Friends feature. You are responsible for such content; provided however, we reserve the right to reject, remove or edit such content at anytime without notice.

Favorites

Our Favorites (or "Faves") feature allows you to identify other Huzo Community members – including but not limited to individuals who are reviewers, Friend's users, or Movie List creators – and subscribe to the content they create on the site. To use the Favorites feature, just click on the "Save to Faves" button that accompanies all members of the Huzo Community. This automatically adds this person to your Favorites list. Your Favorites are displayed on your Friends & Faves page in the Community.

For each person on your Favorites List, you will be able to see their screen name, location, movie ratings, a listing of their Friends, Faves and Fans, reviews and movie lists. You will not be able to see Queue information, purchase history, notes sent between them and their Friends. You and your Favorites cannot exchange notes or communications of any kind. Your Favorites will see you as a "Fan" and will see the same screen name, location, movie ratings, reviews, Friends/Faves/Fans and movie lists.

You may remove one or all individuals from your Favorites List at any time by visiting their profile and selecting "Remove Fave" in the Community sidebar. At any time, you can opt out of sharing any profile information by going to the Community Profile and changing your setting to "Private" whereby you can be a Fan of someone, but no one can click through to see your Profile, ratings, Friends/Faves/Fans or other aggregated information.

Member Reviews

We permit you to post reviews of movies, devices and applications on the Huzo Website. We do not regularly review the content posted on the Huzo Website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movies, devices or application's creative personnel; misleading information regarding the origin of the content; or a discussion of Huzo policies or services. You understand and agree that we may, but are not obligated to review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Sharing Your Content and Information" above.

By submitting a review, you understand and are permitting that all information provided in your review will be posted on our Website. Also, when you have submitted a review or created a movie list, we will display your city and state location given at sign up (and for movie reviews, your movie ratings). We also may supply a pseudonym on your behalf so that this information is not personally identifiable. You may update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings on our website.

Feeds

We may offer RSS feeds as a convenient way to pass information about your Huzo account or that is publicly available on the Huzo site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Huzo may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Huzo website or receiving it into an application or website or displaying the content received from such Feeds is at your own option and risk. By consenting to use the Feeds, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

Applications
The Huzo website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Huzo. Unless otherwise noted by Huzo on the Huzo website, these Applications are provided solely as a convenience to you, and Huzo is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Huzo account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Huzo account, 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 Huzo has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Huzo harmless for the sharing of information relating to your Huzo account 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 Huzo account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your Huzo account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by the Application depending on the policies of such Application. Certain Applications may appear to be associated with or sponsored by Huzo. While these Applications may utilize Huzo trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints or claims about the Applications you should contact the support or contact personnel of the Application and not Huzo, unless otherwise indicated by Huzo. HUZO DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection
In order to provide you with ease of access to your account, Huzo will place a cookie (a small text file) on any computer from which you access the Huzo website. When you revisit the Huzo website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Huzo website.

If you find that you're a victim of identity theft and it involves a Huzo account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Huzo reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Huzo is not obligated to credit or discount a membership for holds placed on the account by either a representative of Huzo or by the automated processes of Huzo.

Disclaimers of Warranties and Limitations on Liability
THE HUZO SERVICE, INCLUDING ALL DVDS, CDS, VIDEO GAMES, EBOOKS, INSTANT STREAMING FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HUZO SERVICE, THE WEBSITE AND ITS CONTENTS. HUZO DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE HUZO SERVICE, INCLUDING SHIPMENT OF DVDS, CDS AND VIDEO GAMES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT HUZO MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE HUZO SERVICE, INCLUDING OUR HUZO AFFILLIATE AND COMMISSION FUNCTIONALITY, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE HUZO SERVICE AT ANY TIME WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs, CDs or games from the Huzo service, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content (including DVDs, CDs, Games or eBooks) delivered by the Huzo service or on the Huzo website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the Huzo service and/or website; (vi) delivery and or display of any content contained on the Huzo website or through the Huzo service, including any movies via our watch instantly functionality or DVDs; and (vii) any losses or damages arising from the use of the content provided on the Huzo website or the Huzo service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, or any conduct by users of the Huzo service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, 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 or that the identities of our users are true and correct. We do not make any representations with respect to the content contained on movies from the Huzo service or the descriptions of any movie content contained on our website. We do not represent or guarantee that your use of the Huzo service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Huzo or its affiliated parties.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUZO OR THROUGH OR FROM HUZO WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

In no event shall Huzo Inc., its shareholders, directors, officers or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, 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 Huzo website, its contents or the Huzo service, including any DVDs, CDs or Games or eBooks, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Huzo service, including any DVDs, CDs Games or eBooks, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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.

Intellectual Property

The Huzo instant streaming discs and all content included on the Huzo Website and delivered to members as part of the service, including DVDs, CDs, Games, eBooks, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software are the property of Huzo Inc. or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Huzo Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Huzo Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Huzo website, not to insert any code or product or manipulate the content of the Huzo website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Huzo reserves the right to terminate your membership hereunder if Huzo, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including copying of DVDs, CDs, Games and eBooks rented to you by us, the unauthorized use of any of our features or software, or the copying or other unauthorized use of our proprietary content. Huzo does not promote, foster or condone the copying of DVDs, CDs, Games, eBooks or any other infringing activity. The use of the Huzo service, including DVDs, CDs, Games and eBooks rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Huzo website.

Trademarks

Huzo is a registered trademark of Huzo Inc. The Huzo logo and Huzo.com are trademarks or service marks of Huzo Inc. The Huzo website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Huzo Inc. The trademarks, service marks and trade dress of Huzo may not be used or reproduced without prior written approval from Huzo Inc. and may not be used in connection with any product or service that is not affiliated with Huzo in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Huzo, or in any manner that disparages or discredits Huzo. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by or a sponsor of Huzo.) Other trademarks that appear on the Huzo website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Huzo. Any images of persons or personalities contained on the Huzo website are not an indication or endorsement of Huzo of any particular product or our service unless otherwise indicated.

Entertainment and Website Content
We distribute movie, television and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the Huzo website allows you and other third parties to post reviews or 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 Huzo website are those of the respective authors or producers and not of Huzo Inc. or its shareholders, directors, officers or employees. Under no circumstances shall Huzo Inc. or its shareholders, officers, directors or employees be held liable for any loss or damage caused by your reliance on information obtained through the Huzo website. It is your responsibility to evaluate the information, opinion, advice or other content available through the Huzo website.

Use of Information Submitted
Huzo Inc. is free to use any comments, information, ideas, concepts, reviews or techniques, or any other material contained in any communication you may send to Huzo ("Feedback"), including responses to questionnaires or through postings to the Huzo website without further compensation, acknowledgement or payment to you for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Huzo website or other websites. Furthermore, by posting any feedback on our site, submitting feedback to us, or in responding to questionnaires you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Huzo does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Huzo. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Huzo and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Occasionally we are able to identify personal CDs, DVDs or other items inadvertently submitted to us as part of our purchase return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal CDs, DVDs or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to Huzo. We encourage you to be careful in returning items to us in our postage paid envelopes.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, movie availability, delivery and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the Huzo service, you consent to receiving electronic communications from Huzo. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Huzo and you receive them as part of the Huzo membership. 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.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.

Your Conduct on the Huzo Website
By accessing the Huzo website, you agree to use the Huzo service, including all DVDs, features and functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail 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 Huzo website. You also agree not to interfere with the servers or networks connected to the Huzo website or to violate any of the procedures, policies or regulations of networks connected to the Huzo website. You also agree not to impersonate any other person while using the Huzo website, conduct yourself in a vulgar or offensive manner while using our service, or use the Huzo website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the Huzo service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Huzo does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, our DVD, CD, Video Game and eBook purchase service and the content on the Huzo website is for your personal and non-commercial use only and we grant you a limited license to access the Huzo website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of 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 Huzo website, including but not limited to information contained within a member or members' home page without our express written consent. Huzo does not promote, foster or condone the copying of DVDs, CDs, Video Games, digitally delivered content or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Huzo without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Huzo name or trademarks without our express written consent. Any unauthorized use of the Huzo website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service without notice for any or no reason whatsoever. We will terminate your account, including forfeiture of all commissions, after 90 days of inactivity.

Links and Pages
Some of the hyperlinks on the Huzo website may lead to other websites or Applications that are not controlled by or affiliated with Huzo Inc. In addition, other websites may link to the Huzo website or Huzo may include links to the websites of businesses, including those that have associations with us through certain programs. Huzo has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. Members acknowledge and agree that Huzo is not responsible or liable for and does not otherwise warrant the actions of these third parties, the products or contents on the websites, or the performance of any programs, applications and devices. You should carefully review their privacy statements and other terms and conditions of use.

Claims of Copyright Infringement
It is the policy of Huzo to respect the intellectual property rights of others. Huzo does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Huzo website, or know of someone who is making unauthorized use of the content of the Huzo website please notify us with your concern at the address specified below by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material on the Huzo website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and if available, your e-mail address.
(v) A statement that you have 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.
(vi) A statement that the above information is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Our copyright notice email address is copyright@huzo.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us contained in these Terms of Use.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material that was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us within ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Huzo shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

Huzo Inc.
Attn: DMCA Notification
18101 Von Karman Ave., Suite 330
Irvine, California 92612-0146

Or fax to:
Subject: DMCA Notification

Indemnity
You agree to indemnify and hold Huzo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against Huzo by any third party due to or arising out of or in connection with your use of the Site.

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law's provisions. You and Huzo agree that the United States District Court for the Central District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and Huzo relating in any way to the Huzo service or Website or these Terms of Use. You and Huzo expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. The parties further agree that in any such dispute they will only be entitled to their actual damages and hereby irrevocably waive the right to seek any equitable relief, such as an injunction or a restraining order, and consequential and/or punitive damages. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Other

This Statement makes up the entire agreement between the parties regarding Huzo and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.

Last Updated: April 9, 2010