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Terms Of Use Harpazo Service, available via the website (www.Harpazo.com) (the “Website”) of Harpazo LLC (“Harpazo”, “we” or “us”), or via our applications that interface with the Harpazo Website or with Harpazo content (the “Applications”). We are a rental and/or transactional service that provides our users with access to conference footage, motion pictures, television shows, and other audio-visual entertainment (“Content”) streamed over the Internet to Internet-connected devices, including computers, smartphones, tablets, televisions, and other devices (together, “Devices,” and singularly, a “Device” ). The following terms and conditions (collectively, the “Terms of Use”) govern your access to and use of the Harpazo Service. This website, located at www.Harpazo.com (the “Website”), our video services, the Content, our player for viewing the Content, our application for viewing the Content, and any other features, tools, materials, or other services offered from time to time by Harpazo or on the Website are referred to collectively as the “Harpazo Service.” If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 11 to resolve any disputes with Harpazo (except for matters that may be taken to small claims court).
ACCEPTANCE OF THE TERMS OF USE
CHANGES TO THE TERMS OF USE
PRIVACY
OUR COMMUNICATION WITH YOU
ACCESSING THE Harpazo SERVICE 5.2 Restricted to Non-Commercial Use. The Harpazo Service is for your personal, non-commercial enjoyment only. With an active Harpazo account, we grant you a limited, non-exclusive, non-transferable license to access the Harpazo Service and view Content through the Harpazo Service on a streaming-only basis for that purpose. You agree that, except for the foregoing limited license, no right, title or interest shall be transferred to you, and you agree not to use the Harpazo Service for public performances. 5.3 Ownership. You agree that Harpazo owns and retains all rights to the Harpazo Service. You further agree that the Content you access and view as part of the Harpazo Service is owned or controlled by Harpazo and Harpazo’s licensors. 5.4 Changes to Service and Content Library, Availability of Content, and Internet Usage Charges. We will continually update the Harpazo Service, including the Content library available to Harpazo users. We may also, at any time, test aspects of the Harpazo Service. By using the Harpazo Service, you agree that we may include you in such tests and adjustments to the Harpazo Service without notice. We reserve the right, in our sole and absolute discretion and without notice to you, to make changes from time to time in how we offer and operate the Harpazo Service. The availability of Content will change from time to time. The quality of your stream may vary from Device to Device, and may be affected by numerous factors, including your Internet service and Device capabilities. Not all Content is available in HD or UD format, and not all Internet connections are capable of streaming HD or UD-quality Content. You are responsible for all Internet access charges, and are advised to check with your Internet service provider for information on Internet usage charges. Harpazo makes no representations or warranties about the quality of your streaming experience. 5.5 Usage Restrictions. You agree to use the Harpazo Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restriction on the use of the Services or Content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) Content or information contained on or obtained from or through the Harpazo Service without express written permission from Harpazo and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Harpazo Service; remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms; use any robot, spider, scraper or other automated means to access the Harpazo Service; decompile, reverse engineer or disassemble any software or other produces or processes accessible through the Harpazo Service; insert any code or product or manipulate the content of the Harpazo Service in any way; use any data mining, data gathering or extraction method; use the Harpazo service to advertise or promote services that are not expressly approved in advance and in writing by Harpazo; collect information in violation of Harpazo’s Privacy Policy (www.Harpazo.com/privacy-policy); encourage conduct that would constitute a criminal offense or give rise to civil liability; interfere with any person’s use and enjoyment of the Harpazo Service; or attempt to do any of the foregoing. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment associated with the Harpazo Service, including any software viruses or any other computer code, files or programs. You further agree that you may not create, recreate, distribute or advertise an index of any significant portion of the Content available via the Harpazo Service unless authorized in writing by Harpazo. Finally, you are expressly prohibited from creating derivative works or materials that otherwise are derived from or based upon, in any way, the Content, including montages, mash-ups and similar video, wallpaper, desktop themes, greeting card, and merchandise, unless authorized in writing by Harpazo. This prohibition applies even if you intend to give away the derivative materials free of charge. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logo, photograph, audio or video materials, and stills, in addition to the prevailing definition of Content set forth in the preamble of these Terms of Use. 5.6 Software Updates and Incorporation of EULA. Harpazo streaming software is developed by, or for, Harpazo and is designed to enable streaming of Harpazo Content through enabled Devices. This software may vary by Device and medium, and Harpazo functionality may vary between Devices. By using the Harpazo Service, you acknowledge and agree to the EULA (www.Harpazo.com/EULA) and to receive, without further notice or prompting, updated versions of the Harpazo and related software. If you do not accept the foregoing terms, do not use the Harpazo Service. Harpazo does not take responsibility for or otherwise warrant the performance of enable Devices, including the continuing compatibility of enabled Devices with the Harpazo Service. By using the Harpazo Service, you agree to look solely to the entity that manufactured and/or sold you the enabled Device(s) for any issues related to the Device(s) and its compatibility with the Harpazo Service. If your Device is lost or stolen, please deactivate the Device. Please be aware that if you fail to log out of the Harpazo Service your Device may be used by subsequent users, and such users may be able to access your account information. In such a circumstance, you will be held responsible for the activity of your account, and for any violations of these Terms of Use. 5.7 Device Restriction. The Harpazo Services is restricted to one (1) Harpazo-enabled Device that may simultaneously be used to stream Harpazo Content. The number of Devices that may be enabled for simultaneous streaming of Harpazo Content may change from time to time at our discretion. 5.8 Geographic Content Availability. The Content available on the Harpazo Services may vary based upon the geographic locations where we offer certain Content and/or upon our license to distribute such Content in certain geographic regions. Thus, the Content available will vary depending upon your geographic location. Harpazo will utilize technologies, which may include geo-filtering techniques, to verify your geographic location. 5.9 Suspension or Termination of Service and Termination of Use. We may in our sole discretion terminate or restrict your use of the Harpazo Service, without compensation or notice, if we suspect that you are in violation of these Terms of Use or engaged in illegal or improper use of the Harpazo Service. We may also temporarily or permanently suspend, discontinue or terminate some or all of the Harpazo Service, with respect to any or all users, at any time without notice, and you acknowledge that Harpazo may do so in its sole discretion. You further agree that Harpazo shall not be liable to you for any modification, suspension, termination or discontinuance of the Harpazo Service, in whole or in part. Harpazo accounts with transactional purchases and, or active content rentals upon the time of termination or suspension of the Harpazo Service will not be provided credit, refund, discount or other form of consideration. In the event that Harpazo, in its sole discretion, suspends or terminates your user account due to your violation of these Terms of Use, you will not be eligible for any credit, refund, discount or other consideration.
TERMS 6.2 No Refunds. Transactional purchases and rentals are nonrefundable. 6.3 Closing an account. You may close your Harpazo user account at any time. If you close your account, you will lose access to the Christian Cinema service and to all content that you have rented or purchased through the Harpazo service. 6.4 Your Account and Password. If you established a Harpazo user account, you are the owner of a Harpazo user account. You are responsible for all uses of your account, including all uses of your account by other members of your family or by third parties without your knowledge. By allowing others to use your account, you agree to be responsible for ensuring they comply with these Terms of Use. All registration information you provide must be accurate, and you are responsible for updating it. You are advised to keep your password confidential and to carefully guard the security of your password, because you are responsible for all activity on your user account. You will not have to provide your password or Payment Method details to any Harpazo representative at anytime, so do not provide that information to anyone posing as a Harpazo representative.
SUBISSION OF USER REVIEWS AND OTHER MATERIAL 7.2 Other User Material. Some users may have the opportunity to post third-party comments, information, ideas, concepts, reviews, techniques, or other material (“User Material”) on the Harpazo Service. Please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Harpazo does not endorse User Material, and User Material does not reflect the opinions or policies of Harpazo or its affiliates. Harpazo reserves the right, but has no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Harpazo assume any responsibility or liability whatsoever for any User Material, and you agree to waive any and all legal or equitable rights or remedies you may have against Harpazo with respect to such User Material. If you learn of any objectionable User Material on the Harpazo Service, please notify us by contacting support@harpazo.com, with the subject line “Inappropriate User Material.”
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Harpazo, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU./p> NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT MAY APPLY TO YOU. IF ANY PROVISION OR PROVISIONS OF THESE TERMS OF USE SHALL BE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. INTELLECTUAL PROPERTY. 9.1 Harpazo’s Protections. The Harpazo Service, including all content provided on the Harpazo Service, is protected by copyright, trade secret or other intellectual property laws and treaties. Harpazo is a registered trademark of Harpazo LLC. 9.2 Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Harpazo Service, please notify us by sending an email to support@harpazo.com, with the subject line "DMCA Takedown Request". Alternatively, please sent such notice by mail to: Attn: Copyright Agent Harpazo LLC PO Box 324 New Smyrna Beach, FL 32170 We will process each notice of an alleged infringement and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Harpazo Service that is reasonably sufficient to enable Harpazo to identify and locate the material; (4) how Harpazo can contact you; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner of an exclusive right in the material.
GOVERNING LAW
ARBITRATION OF CLAIMS 11.2 Notice of Claim. If you decide to seek arbitration or file a claim in small claims court, you must first send notice to Harpazo, by certified mail (the “Notice”). The Notice must be addressed to General Counsel, PO Box 324, New Smyrna Beach, Florida 32170 (the “Notice Address”). If Harpazo initiates an arbitration, it will send a written Notice to the email address used for your Harpazo account. A Notice, whether sent by you or Harpazo, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (a “Demand”). If Harpazo and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Harpazo may commence an arbitration proceeding or file a claim in small claims court. 11.3 Form Notice and Filing Fees. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Harpazo receives notice at the Notice Address that you have commenced an arbitration, Harpazo will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than U.S. $10,000, in which event you will be responsible for filing fees. 11.4 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Harpazo and you agree otherwise, any arbitration hearings will take place in the county of your residence. 11.5 If your claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator hall issue a reasoned written decision sufficient to explain the essential finding and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Harpazo’s last written settlement offer made before an arbitrator was selected (or if Harpazo did not make a settlement offer before an arbitrator was selected), then Harpazo will pay you the amount of the award or U.S. $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. 11.6 YOU AND Harpazo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Harpazo agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision contained in Section 11 of these Terms of use shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
1. SEVERABILITY
1. CUSTOMER SERVICE.
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