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EZTAKES TERMS OF USE These EZTakes Terms of Use ("Terms of Use") are the terms and conditions governing your use of the EZTakes and DVD Wagon web sites, which are owned and operated by EZTakes, Inc. ("EZTakes"), and are currently located at www.eztakes.com and www.dvdwagon.com, and any web page or pages that are controlled and maintained by EZTakes and that are accessed through any such web site (collectively the "Web Site"), as well as content ("Content"), such as DVD movies, purchased and/or downloaded by using functionality provided by the Web Site and/or by using the EZTakes Download Manager ("EDM") software. By you, the Terms of Use are referring to the person or entity using the Web Site and/or the EDM (which the Terms of Use may refer to collectively as the "Offering"). Your accessing the Web Site is your agreement to abide by these Terms of Use, as they are stated herein and may be amended from time to time at EZTakes' sole discretion. If you do not agree to the Terms of Use, please do not use the Web Site or the Offering. EZTakes reserves the right to make changes to the Terms of Use at any time in its sole discretion. ADDITIONAL TERMS IN END USER LICENSE AGREEMENT You agree that additional and more specific terms governing your use of the Offering are set out in the End User Software License Agreement ("EULA") that will be presented to you prior to your using the EDM. You agree to be bound by the terms of the Terms of Use and of the EULA, and in the event of a conflict between their terms, the terms of the EULA shall control. SALES IN AUTHORIZED TERRITORIES ONLY Purchases from the Offering are available in the United States and in other countries that EZTakes is authorized to sell each download titles. You agree not to use or attempt to use the Offering from any other countries. EZTakes may use any available technology to verify such compliance. SALES TO END USERS ONLY The Offering is for use by and sale to end user customers only. Parties other than end users are not authorized to access the Web Site or otherwise use the Offering. You agree that any Content purchased or otherwise secured by you through the Offering may not be resold or further distributed by you on a commercial basis, or at all unless permitted by applicable law. USER BURN TEST REQUIREMENT EZTakes requires you to perform a burn test of free sample Content before using the Offering to purchase Content. You should also test play the burned DVD on your DVD playback equipment to ensure compatibility. It is your responsibility to re-run a new burn test whenever your system requirements (as defined in the EULA) or system configuration change (e.g., a different DVD playback device will be used to play the burned DVDs). It is also your responsibility to preform a burn test for each type of media you use (e.g. DVD-R, DVD+R, DVD+RW, DVD-RW, etc.). REFUND POLICY All sales of Content are final unless otherwise specified. PAYMENT METHODS EZTakes accepts credit cards as payment. EZTakes obtains a pre-approval from the credit card company for the amount of the order. The EZTakes may accept one or more of the following credit cards: Visa, MasterCard, American Express, Discover (in some but not all cases, debit or check cards labeled as Visa or MasterCard may be accepted). DEBIT CARD SPENDING LIMITS Debit cards and check cards have daily spending limits that may prevent the processing of your order. DATA ENTRY ERRORS If a purchase has been declined on-line due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted on-line, you will be unable to use that card for your purchase and should use another credit card. BILLING EZTakes may bill you for Content purchases in a variety of ways. Your order may be authorized and billed in gradual increments during one purchasing session as you click a "Confirm" (or equivalent) icon or button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement. You may have one order that authorizes and bills as a single purchase for all items of Content that you purchase in a single on-line shopping cart. EZTakes may authorize a payment on your credit card when you order Content, but may not bill you for the item until you successfully download the item, or copy it to other media or device supported EZTakes in the future. EZTakes may make an effort to group charges in order to minimize transaction costs. This enables EZTakes to offer you the benefits of our services at the lowest possible cost to you. SALES TAX Purchases from the Offering will include sales tax (if applicable) based on the bill-to address on your Account (as defined in the EULA) and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the Content is downloaded, the new tax rate in effect at the time of download will apply. No customers are eligible for tax exemptions for purchases made from the Offering. PRICES Your total price will include the price of the Content plus any applicable sales tax as set out above. EZTakes reserves the right to change prices for Content or other products and services in the Offering. EZTakes does not provide price protection or refunds in the event of a price drop or promotional offering. FOR ASSISTANCE For assistance with billing questions or other order inquiries, please refer to our support page, or our contact page, which are available on the Web Site. CONTENT USAGE RULES In addition to and without limitation on the other Terms of Use, the following are the specific rules governing the usage of Content downloaded by using the Offering, including but not limited to video Content ("Usage Rules"): - Your use of Content is conditioned upon your prior acceptance of the Terms of Use, which incorporate by reference the terms of the EULA and of the EZTakes Privacy Policy (which EULA and Privacy Policy, together with these Terms of Use, are collectively referred to as the "Agreement").
- You shall be authorized to use the Content only for personal, noncommercial purposes. No public performance licenses are granted to you.
- You shall not sell, re-sell or license Content to any third party.
- You shall not make copies of the Content, other than copies that EZTakes expressly authorizes you to make.
- Any and all downloading, burning and exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Content.
- You agree that you will not attempt to, or encourage or assist any other person to, insert a virus or similar self-executing program into the Offering, or circumvent or modify any security technology or software that is part of the EDM or of the Content or that otherwise may be used to administer the Usage Rules. You will indemnify EZTakes and its affiliates against all damages and claims (including without limitation attorney fees) incurred by it or them as a result of your breach of this Usage Rule.
- The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.
USER-POSTED INFORMATION The Web Site and/or the EDM may provide interactive features that allow you to, among things, submit or post information and materials on areas of the Web Site accessible and viewable by other users and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. You hereby grant EZTakes a worldwide, royalty-free, non-exclusive license to use such materials as part of the Offering, and in relation to without any compensation or obligation to you. EZTakes reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability. You will indemnify EZTakes and its affiliates against all damages and claims (including without limitation attorney fees) incurred by it or them as a result of information or materials that you post on or through the Offering. OTHER TERMS AND CONDITIONS EZTakes reserves the right to change the Agreement at any time. Customers are encouraged to review these Terms of Use and the entire Agreement on a periodic basis for modifications. All transactions made with EZTakes are governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict with the laws of any other jurisdiction. No employee or agent of EZTakes has the authority to vary any EZTakes policies or the terms and conditions governing any sale. EZTakes is not responsible for typographic errors.
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