Terms of Service

Acceptance of Terms of Use

These Terms of Use govern your use of the Buzznetz service and Web site. By using, visiting, or browsing the Buzznetz Web site, 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 Buzznetz service or Web site.

Changes to Terms of Use

Buzznetz Nigeria Ltd. 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 Buzznetz Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Buzznetz Web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Any information submitted on the Buzznetz Web site 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.

Buzznetz is an online subscription entertainment rental service providing its members with access to a comprehensive library of DVD (motion picture, television and other filmed entertainment), Audio Books and Games. We offer a variety of subscription plans at varying price levels, including special promotional plans or subscriptions with limitations on the number of entertainment media (DVD, Audio Books, Games) rentable during a month, quarter or annually. Under all plans, subscribers select titles at our Web site, we deliver and return, with no due dates, late fees or shipping charges. The return of titles are done simultaneously with the delivery of next-in-line titles.

Below is a description concerning the operation of our Entertainment Media (DVDs, Audio Books and Games) rental service. 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.

* The Number of Entertainment Media (DVDs, Audio Books and Games) You Can Rent

A large majority of our subscribers rent between 2-11 Entertainment Media (DVDs, Audio Books or Games), audio books and games per month. We provide a number of different subscription plans to accommodate a variety of movie watching, listening or gaming preferences. Click on the "Pricing" link, located at the bottom of the pages of the Buzznetz Web site for details on the various plans we offer. You may modify your plan in the Subscription section of "My Account" if your current plan is not satisfying your entertainment needs.

* Delivery Speed

We utilize a network of local distribution centers to send and receive DVDs, Audio Books and Games you have selected to rent through an Independent Courier company. We have located these centers in such a manner as to provide fast and efficient delivery to our subscribers. Based on performance data and our own analysis, we have determined that the large majority of our subscribers are able to receive their Entertainment Media (DVDs, Audio Books or Games) in about one business day following our shipment of the requested movie from their local distribution center. Please note that not all deliveries will be from your local distribution center. The delivery times you encounter will vary based on a number of factors including traffic! We will send you an e-mail letting you know when we have received a returned movie, and we will also send you another e-mail letting you know when we have shipped your next DVD, Audio Book or Game, including the anticipated delivery times.

* No Due Dates or Late Fees

Provided you continue to be a paying subscriber of our service, you may keep the Entertainment Media (DVDs, Audio Books 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 will be required to return the Entertainment Media (DVDs, Audio Books or Games) within 7 days following any cancellation of the service or be subject to charge for unreturned Entertainment Media (DVDs, Audio Books or Games). Also, you may be charged for Entertainment Media (DVDs, Audio Books or Games) that you lose. As an additional member benefit, we will replace the occasional lost Entertainment Media (DVDs, Audio Books or Games) free of charge. However, in the rare event that the number of lost Entertainment Media (DVDs, Audio Books or Games) on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost Entertainment Media (DVDs, Audio Books or Games). We will alert you of any potential charges prior to charging your Payment Method.

Entertainment Media (DVDs, Audio Books or Games) that you select to rent will be placed into your own rental Queue. You may add Entertainment Media (DVDs, Audio Books or Games) or adjust the Queue at anytime. Click the "Queue" tab to make adjustments, review requested Entertainment Media (DVDs, Audio Books or Games) or to see which Entertainment Media (DVDs, Audio Books or Games) you currently have out. We will determine which Entertainment Media (DVDs, Audio Books or Games) to send you based on the Entertainment Media (DVDs, Audio Books or Games) in your Queue and the priority in which you have listed them. We endeavor to ship to you the Entertainment Media (DVDs, Audio Books or Games) listed highest in your Queue; however when availability is limited, we may ship you Entertainment Media (DVDs, Audio Books or Games) lower on your Queue. At the time an Entertainment Media (DVDs, Audio Books or Games) is added to your rental Queue, we will let you know of its availability. In certain instances you may have adjusted your Queue before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.

* Allocation, Delivery and Return of Rented DVDs

We reserve the right to process orders and otherwise allocate and ship Entertainment Media (DVDs, Audio Books or Games) among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of Entertainment Media (DVDs, Audio Books or Games) we purchase for any particular title, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top choices from your Queue, ship out your next Entertainment Media (DVDs, Audio Books or Games) on the same day that we receive one from you, or process orders from your local distribution center.

At present, our goal is to ship you the Entertainment Media (DVDs, Audio Books or Games) listed highest in your Queue. We currently try to ship you Entertainment Media (DVDs, Audio Books or Games) from the distribution center closest to you so that you get Entertainment Media (DVDs, Audio Books or Games) quickly. Generally, on the same day that we collect an Entertainment Media (DVDs, Audio Books or Games) from you, we also deliver the next available Entertainment Media (DVDs, Audio Books or Games) from your Queue. In certain instances, your next available Entertainment Media (DVDs, Audio Books or Games) will not ship until at least one business day following our receipt of your returned movie. This can occur, for example, when your top choices are not available to you from your closest distribution center or the number of shipments to be processed by the distribution center on that day has been exceeded. When one or both of these conditions exist, your Entertainment Media (DVDs, Audio Books or Games) will likely ship on the next business day and may come from an alternate distribution center.

In determining priority for shipping and inventory allocation, we may utilize many different factors, including without limitation, the number and type of Entertainment Media (DVDs, Audio Books or Games) you rent through our service, the subscription plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest Entertainment Media (DVDs, Audio Books or Games) through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of Entertainment Media (DVDs, Audio Books or Games) you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, without limitation, (i) the shipment of your next available Entertainment Media (DVDs, Audio Books or Games) occurring at least one business day following return of your previously rented Entertainment Media (DVDs, Audio Books or Games), (ii) delivery taking longer, as the shipments may not be sent from your local distribution center and (iii) the Entertainment Media (DVDs, Audio Books or Games) you receive coming from lower in your Queue more often than our other subscribers. These effects will not occur unless we are faced with limited inventory at your local distribution center or when the number of shipments to be processed by that distribution center on that day is exceeded.

Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your Entertainment Media (DVDs, Audio Books or Games) was shipped and your delivery address, (ii) the timing of your placement or adjustment of Entertainment Media (DVDs, Audio Books or Games) in your Queue, (iii) circumstances impacting delivery by the Third Party Courier company, and (iv) any unplanned downtime of our computer systems.

We deliver and collect Entertainment Media (DVDs, Audio Books or Games) Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We will send an email to you soon after processing your return, and another email letting you know when we have sent your next Entertainment Media (DVDs, Audio Books or Games), including the anticipated time of delivery. We make no guaranty as to the shipping and delivery of Entertainment Media (DVDs, Audio Books or Games) and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our subscribers, provide a great value to all our subscribers.

You can find the specific details regarding your subscription with Buzznetz at anytime by clicking on the "My Account" link, located at the top of the pages of the Buzznetz Web site once you sign-in.

* Billing

By using the Buzznetz service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Buzznetz service. Additional charges may include gift subscription purchases you make, Entertainment Media (DVDs, Audio Books or Games) 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 subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Messages will be sent to you a week prior to the expiration of your subscription reminding you to make the necessary payment. Another reminder will be sent 2 days before the service expires. Click on the "My Account" link at the top of the Buzznetz page once logged in with you correct details and check Subscription information to see the commencement date for your next renewal period. We can also work out a direct debit arrangement with customers that prefer this, just use the contact us section to indicate your preference. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. 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 e-mail. If you want to use a different Payment Method or if there is a change in your credit/debit 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 Buzznetz Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

* Automatic Renewals

Your Buzznetz subscription will be automatically renewed on a monthly basis. We will bill the monthly subscription 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). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, 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 subscription fees to your Payment Method.

* Cancellation

You may cancel your subscription to Buzznetz at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED, UNLISTENED & UNUSED Entertainment Media (DVDs, Audio Books or Games). To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned discs prior to charging your Payment Method.

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

* Special Offers

Our Community feature provides you with a number of ways to share your Buzznetz 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.

Our community feature is itself composed of a number of features, such as Subscriptions, Tell a Friend(s) and Get a Discount. These are all designed to share information with others – the essence of community. 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 Entertainment Media (DVDs, Audio Books or Games). 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 BUZZNETZ COMMUNITY, BUZZNETZ SUBSCRIBERS AND OTHER VISITORS TO THE BUZZNETZ 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 also the benefits of using this section such as getting free subscriptions if friends invited become subscriber of the service.

There are different elements to Buzznetz 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.

You may address any concerns or questions regarding the information collected to Buzznetz's Company Secretary at info@buzznetz.com.

In order to provide you with ease of access to your account, Buzznetz will place a cookie (a small text file) on any computer from which you access the Buzznetz Web site. When you revisit the Buzznetz web site, 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.

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

THE BUZZNETZ SERVICE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE BUZZNETZ SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the Buzznetz Web site, recommendations or advice of Customer Service, any failures, delays, or interruptions in the delivery of any content contained on the Buzznetz Web site, including any instantly-viewable titles, any losses or damages arising from the use of the content provided on the Buzznetz Web site, actions recommended or taken by Customer Service, or the Buzznetz service itself or any conduct by users of the Buzznetz service or Web site. 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. We do not represent or guarantee that your use of the service will be free from 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 Buzznetz or its affiliated parties.

Intellectual Property

* Copyright

All content included on the Buzznetz Web site and delivered to subscribers as part of the service, including DVDs, Audio Books, Games, previews, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Buzznetz, Inc., or its suppliers and is protected by Nigeria, U.S. and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Buzznetz, Inc., and protected by Nigeria, U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Buzznetz, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble an products or processes accessible through the Buzznetz Web site, not to insert any code or product or manipulate the content of the Buzznetz Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Buzznetz reserves the right to terminate your membership hereunder if Buzznetz, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of Entertainment Media (DVDs, Audio Books or Games) rented to you by us or the copying or other unauthorized use of our proprietary content. Buzznetz does not promote, foster or condone the copying of Entertainment Media (DVDs, Audio Books or Games) or any other infringing activity. The use of Entertainment Media (DVDs, Audio Books or Games) 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 Buzznetz Web site.

* Trademarks

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

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 Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Buzznetz Web site 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 Buzznetz Web site are those of the respective authors or producers and not of Buzznetz Nig. Ltd., or its shareholders, directors, officers, or employees. Under no circumstances shall Buzznetz Nig. Ltd., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Buzznetz Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Buzznetz Web site.

Buzznetz Nig. Ltd., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Buzznetz ("Content"), including, without limitation, responses to questionnaires or through postings to the Buzznetz Web site 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 Buzznetz Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content 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 Content submitted in any media, software or technology of any kind now existing or developed in the future.

Occasionally we are able to identify personal CDs, DVDs or other items inadvertently submitted to us as part of our rental return process. In such instances, we will attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. We encourage you to be careful in returning items to us in our postage paid envelopes.

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

By using the Buzznetz service, you consent to receiving electronic communications from Buzznetz. These communications will include notices about your account (e.g., delivery and collectiion/return 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 Buzznetz and you receive them as part of the Buzznetz subscription. 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.

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.

Your Conduct on the Buzznetz Web Site

By accessing the Buzznetz Web site, you agree to use the Buzznetz service, including all features 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 Buzznetz Web site. You also agree not to interfere with the servers or networks connected to the Buzznetz Web site or to violate any of the procedures, policies or regulations of networks connected to the Buzznetz Web site. You also agree not to impersonate any other person while using the Buzznetz Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Buzznetz Web site for any unlawful purpose.

You must be 18 years of age or older to subscribe to the Buzznetz 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 Buzznetz 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" below). Unless otherwise specified, the content on the Buzznetz Web site is for your personal and non-commercial use and we grant you a limited license to access the Buzznetz Web site 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 Buzznetz Web site without our express written consent. Buzznetz does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. Any unauthorized use of the Buzznetz Web site or its contents will terminate the limited license granted by us.

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Some of the hyperlinks and banners on the Buzznetz Web site may lead to other Web sites that are not controlled by, or affiliated with, Buzznetz, Inc. In addition, other Web sites may link to the Buzznetz Web site. Buzznetz has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

We offer for sale on the Buzznetz Web site various Gift Subscriptions redeemable for the Buzznetz service. We will bill you separately for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Purchase" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.

1. An electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on the Buzznetz Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
5. 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;

A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflicts of laws provisions. You and Buzznetz agree that the Supreme Court shall have exclusive jurisdiction over any dispute between you and Buzznetz relating in any way to the Buzznetz service or Web site or these Terms of Use. You and Buzznetz 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, nonrepresentative) 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.