These EZTakes Terms of Use ("Terms of Use") are the terms and conditions governing your use of the EZTakes and other web sites, which are owned and/or operated by EZTakes, Inc. ("EZTakes"), and are currently located at www.eztakes.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 movies purchased, rented, streamed and/or downloaded by using functionality provided by the Web Site and/or by using the EZTakes Download Manager ("EDM") software. By “you,” this Terms of Use refers 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").

ADDITIONAL TERMS IN END USER LICENSE AGREEMENT

If you use the EDM, additional and more specific terms pertaining to your use of the Offering may be set out in the End User Software License Agreement ("EULA"), which shall be provided to you along with the EDM. In the event of a conflict between their terms, the terms in this Terms of Use 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 title. You agree not to use the Offering from any other countries. EZTakes may use reasonable and legal technological measures 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 use the Offering. You agree that any Content purchased or otherwise secured by you through the Offering may not be further distributed by you on a commercial basis.

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. EZTakes will make commercially reasonable efforts to abide by its refund policy as posted on the Web Site at the time of sale.

PAYMENT METHODS

EZTakes accepts credit cards as payment. EZTakes obtains a pre-approval from the credit card company for the amount of the order. 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). EZTakes may also accept PayPal payments.

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 is declined 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 by 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

Your obligations are simple: Don't violate copyright laws, or any other similar laws that apply to you. For the removal of all doubt, no sale, rental and/or download of Content includes any public performance rights. The Content you get from EZTakes is for personal, non-commercial use. The delivery of Content does not transfer to you any commercial or promotional rights. EZTakes shall not take away, or attempt to take away, rights related to your use of Content as a consumer, including but not limited to, "first sale" and "fair use" rights in the USA, or similar rights held by consumers outside the USA. If we ever say anything different, the foregoing shall take precedence.

USER-POSTED INFORMATION

The Web Site and/or the EDM may provide interactive features that allow you to, among other 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 may update this Terms of Use from time to time. Customers and Web Site users are encouraged to review these Terms of Use and the entire Agreement on a periodic basis for modifications. EZTakes shall make commercially reasonable efforts to inform you of any significant updates to this Terms of Use.

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.