Terms of Use and Service

Huzzah Media / Terms of Use and Service

Huzzah Media Terms of Use and Service

Welcome to Huzzah Media. At Huzzah Media we provide a fast and easy self-publishing platform creating Apps for small businesses. By using the www.huzzahmedia.com web site, the mobile app and all services of Sayv Mobile, LLC d/b/a Huzzah Media (“Huzzah Media”) you are agreeing to be bound by the following Terms and Conditions set forth herein (“Terms of  Use and Service” or “Services”). The Terms of Use and Service sets forth the terms and conditions and purpose under which Huzzah Media will license to You ( “You” OR “you”) use of certain Huzzah Media technology, software and/or Services that you can utilize through the Huzzah Media mobile application and You can access and/or use the Website.

The Terms of Use and Service may be updated at any time without notice. By continuing to use the Services after updates are posted, you accept this agreement as modified. You assume sole responsibility for reviewing the most recent Terms of Use and Service as stated on this web page. Various provided Services may also have specific Terms of Use and Service, rules or guidelines which are hereby incorporated into these general Terms of Use and Service and to which you agree to be bound to use those Services. Huzzah Media reserves the right to deny access to this Web Site or any Services provided via this Web Site, to any one who violates the Terms of Use and Service or who, in our judgment, interferes or infringes the rights of others.

PLEASE REVIEW THE TERMS OF USE AND SERVICE. THE TERMS OF USE AND SERVICE ARE A BINDING AGREEMENT BETWEEN YOU AND Huzzah Media. BY ACCESSING AND USING THIS WEB SITE, THE MOBILE APPLICATION OR THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS OF USE AND SERVICE AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THIS SITE AND/OR ITS SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF USE AND SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE AND SERVICE, PLEASE DISCONTINUE USE OF THE WEB SITE, APPLICATION AND SERVICES AS YOU ARE NOT AUTHORIZED TO ACCESS OR UTILIZE FOR ANY PURPOSE. Huzzah Media DOES NOT EXERT ANY CONTROL OVER VENDORS, RETAILERS, COMMERCIAL VENTURES OR OTHER THIRD PARTIES, AND AS SUCH IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN OR OMITTED TO BE TAKEN BY ANY SUCH THIRD PARTY.

Acceptance of Terms of Use and Service.

By using this Web Site, the mobile application and/or the Services, you voluntarily, explicitly and willfully agree to be bound by the Terms of Use and Service. You represent that you are a human being (accounts registered by “bots” or other automated methods are not permitted) and of legal age to form a binding contract and have not been legally restrained from receiving or using the Web Site’s Services under the laws of the United States.

Registration and Privacy.

To obtain access to certain Services you may be given an opportunity to register. Should you register, you agree that you are at least 18 years of age and that the information you supply during the registration process is accurate and current information about yourself and that you will maintain the accuracy should the information provided change. You agree that you will not register under the name of nor attempt to enter the service under the name of another individual or entity. To complete the registration you must provide your legal full name, a valid email address and any other information requested in order to complete the signup process.

You understand and agree to provide consent so that Huzzah Media may access, archive, and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the Terms of Use and Service, to comply with a legal process, to respond that information violates third party-rights, or to protect the rights, property, or personal safety of the Services, the mobile application and/or this Web Site’s users and the public. Upon registering you may be provided with an account, password or access code. You are responsible for preserving the privacy and confidentiality of this account, password or access code and assume responsibility for the use of the Services and all activities that occur under your account. You agree to immediately notify Huzzah Media of any known or suspected unauthorized use on your account. Huzzah Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

The privacy of your personal information is a serious concern of Huzzah Media and we respect the privacy of visitors to our site and all registration information and use thereof shall be reasonably safeguarded and the use thereof shall be governed by our Privacy Policy. The Privacy Policy governs the use and collection of information from you by Huzzah Media through your use of this Web Site. The Privacy Policy does not apply to any information you may provide to us through other means. Please read the Privacy Policy carefully so that you understand our online privacy practices. By visiting this site, you agree that your visit, and any dispute over our online privacy practices, is governed by this Privacy Policy, our Terms of Use and Service and Internet Abuse Policy.

User Responsibilities and Privileges.

You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used via the Services, mobile application and/or on this Web Site. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. Huzzah Media does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. Huzzah Media under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. By way of example, and not as a limitation, you agree that when using this Web Site, the mobile application and the Services you will not:

  • Harm children is any way;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
  • Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
  • Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
  • Post or transmit spam, “chain letters,” “junk mail,” promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
  • Restrict or inhibit any other user from using and enjoying the use of the site and its Services;
  • Collect or store personal data about other users;
  • Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers, or network infrastructure;
  • Reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including without limitation, any of the software comprising or in any way making up a part of the Application.
  • Export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances.
  • Encourage, glorify or commit a criminal offense;
  • Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever.

You agree that Huzzah Media may, given certain circumstances and without prior notification terminate all privileges. Cause for termination shall include, but not be limited to:

  • Violations of these Terms of Use and Service and/or the Privacy Policy and Internet Abuse Policy;
  • User-initiated request;
  • Extended periods of account inactivity;
  • Repetitive returned emails from a therefore assumed inactive account;
  • Unforeseeable technical difficulties or issues;
  • Law enforcement requests

Registered users of Huzzah Media agree to maintain an active email account to receive communications from Huzzah Media regarding site updates, administrative messages, other registered user related messages, and announcements.

License. 

Huzzah Media grants You a non-transferable, non-exclusive, revocable, limited license to access and use Huzzah Media’s rewards and loyalty software platform (the “Application”) as made available through its web site located at www.appexpress.com and/or via mobile application during the Term solely for the purpose. Huzzah Media may, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at Huzzah Media’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.

You shall not directly or indirectly copy or reproduce all or any part of the Application, Website or Services, whether electronically, mechanically or otherwise in any form including but not limited to, the copying of presentation, style or organization. You shall use the Application, Website and Services solely for its intended purposes and shall not use it for the benefit of any third party except as specifically contemplated under this Agreement.

User Payments. 

Huzzah Media does not currently charge its users to access and use the Website and Application, however, Huzzah Media may at any point and in its discretion, elect to begin charging fees for use of various portions of the Application and/or for different levels of subscription or account.

Vendor Payments and Refund Terms.

Huzzah Media’s current fees for the Huzzah Media Programs and its Services are set forth in the Vendor Agreement. Huzzah Media reserves the right to amend the fees payable for the Huzzah Media Programs and Services at any time upon thirty (30) days prior notice to you.

A valid credit card or ACH is required. Huzzah Media will automatically bill your credit card or ACH each month or year as designated in Your Vendor Agreement. You acknowledge that the amount billed each month or year may vary for reasons that include changes due to promotional offers, changes in your account, or changes in the amount of applicable sales tax. You authorize Huzzah Media to charge your credit card or banking account for such varying amounts. If you want to use a different credit card or ACH or if there is a change in validity or expiration date, you may edit your information by contacting Huzzah Media directly. It is your responsibility to keep your contact information and payment information current and updated.

There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties.

User Term and Termination. 

This Agreement shall continue until the earlier to occur of (i) either party providing written notice of termination to the other party at which point You shall no longer be entitled to access or use the Application, or (ii) Huzzah Media terminates Your access to the Application, with or without notice. You are entitled to terminate your Huzzah Media account at any time. Upon termination You shall no longer be entitled to access or use the Application or any other non-public portions of the Web site.

Vendor Term and Termination.

You are agreeing to an annual (12 month) contract for Services with Huzzah Media. This contract will automatically renew on a month-to-month Subscription plan unless and until you cancel your paid account or termination by Huzzah Media. You are solely responsible for properly canceling your account. Sixty (60) days written cancellation requests must be submitted to info@huzzahmedia.com. Cancellations by phone or sent to any other email address will not be considered valid. All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current term, your cancellation will take effect at the end of the then current term.

Huzzah Media, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Huzzah Media service, for any reason at any time including if you have not paid all amounts due on or before the payment due date or for any other material breaches of the Agreements, Terms of Use and Service or any other exhibits, addenda or attachments including any links which are incorporated by reference herein. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all content in your Account. Huzzah Media reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices.

Huzzah Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. Huzzah Media shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, Huzzah Media may issue an update to the Huzzah Media application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Huzzah Media will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Restrictions on Your Use and Intellectual Property Rights.

All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely owned by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. Huzzah Media is the sole owner of the name “Huzzah Media” as well as the Web Site, Application, Services, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communication from You to Huzzah Media regarding the Application, Web Site or Services shall upon submission to Huzzah Media be owned solely and exclusively by Huzzah Media. You may not reproduce, modify, prepare derivative works or sell the Material (including but not limited to content, design, software or coding) or display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the written permission of Huzzah Media. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.

User Representation and Warranty.

Upon submission of material by You, You represent that you have the absolute and unrestricted right and authority to use any and all material including but not limited to; names, addresses, trademarks, copyrighted materials, trade names, service marks and grant Huzzah Media including our Third Party Providers, the absolute right and license to use, reuse, copy, reproduce, modify and distribute any of the material as we see fit in any medium for any purpose now known or hereafter developed, both during and after your use of the Services.

You understand that Huzzah Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to refrain from framing or in-line linking any of the content of this Web Site or incorporate into another website or other service and agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Huzzah Media.

Disclaimers.

This Web Site, the Application and the Services and materials contained therein are provided on an “As Is” basis. Huzzah Media works hard to make this Web Site, the Application and Services a useful portal but does not and cannot guarantee that our users will always find everything to their liking. We try to ensure that information we post is both timely and accurate, and that the Services offered are reliable. Please be advised that if you rely on any information or service available through this Web Site, the Application and Services you do so at your own risk. You are solely responsible for any damage or loss you may incur that result from your use of any service or any material and/or data downloaded from or otherwise provided through the Web Site, Application and Services.

Huzzah Media neither warrants that the Web Site, Application and Services will operate without error or that its servers are free of computer viruses or other harmful code. Huzzah Media is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of the Web Site, Application and Services. Huzzah Media contains materials provided by third parties, and will likewise not be held responsible for any such third party material.

Huzzah Media does not control the information or content posted or transmitted by users, registered users and our Third Party Providers and assumes no obligation to monitor third party information and transmissions. Huzzah Media does not endorse, support, represent or guarantee the truthfulness; accuracy or reliability of any information posted by third parties or endorses any opinions expressed by them.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Application. While it is Huzzah Media’s objective to make the Web Site and Application accessible at all times, the Web Site and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Web Site or Application may operate slowly from time to time. Access to the Web Site and/or the Application may be interrupted, suspended or terminated from time to tome and Huzzah Media shall not be liable in any way for any delay in responding to any inquiry or question or the effects of any delay.

International Disclaimer.

Huzzah Media makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site, Application or Services outside of the United States, you are responsible for compliance with the laws of your jurisdiction as well as our local laws.

Warranty and Limitation of Liability.

THIS WEB SITE, APPLICATION, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED TO YOU ON A AS-IS WHERE-IS AS-AVAILABLE BASIS. Huzzah Media AND OUR THIRD PARTY PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO VENDORIBILITY FOR A PARTICULAR PURPOSE, FITNESS, OR VENDORABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, VENDORABILITY OR FITNESS FOR A PARTICULAR PURPOSED OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEB SITE AND APPLICATION NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL Huzzah Media OR OUR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE, APPLICATION OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE  OR APPLICATION INCLUDING BUT NOT LIMITED TO;

    1. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, APPLICATION, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN.
    2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE,  APPLICATION  AND THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE, APPLICATION AND SERVICES.
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
    4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, APPLICATION OR THE SERVICE OR
    5. ANY OTHER MATTER RELATING TO THE WEB SITE, APPLICATION OR THE SERVICE EVEN IF Huzzah Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Huzzah Media’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Confidentiality; Non-Solicitation. You agree to treat as confidential all confidential information of Huzzah Media, not to use such confidential information for any purpose other than to the limited extent necessary to us the Web Site, Application and Services and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You sue to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Huzzah Media, provided however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Huzzah Media to terminate employment with Huzzah Media or to become employed by or enter into contractual relations with any other individual or entity.

Indemnification.

You agree that you are personally responsible for your behavior and actions on the Web Site, Application and with the Services and for your use of the Content. You agree to indemnify, defend and hold harmless Huzzah Media, our Third Party Providers, licensors, employees and agents from and against all claims, losses, expenses, damages and costs (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site, Application or the Services or your use of the content, any violation by you of this Agreement or any activity related to your user account by you or any other person accessing the Web Site or Service through your user account.

Copyright Infringement.

Posting communications on or through the Web Site, Application and/or the Services automatically grants Huzzah Media a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

Huzzah Media may and at its sole discretion, remove or disable access to material on the Web Site and/or the Services that infringes on the rights of others. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Web Site, Application and/or Services, please provide written notification by e-mail or regular mail that includes the following information:  (1) the signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of or actual page link to where the material in question is located on the website; (4) your mailing address, telephone number and email address; (5) a statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by your, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Force Majeure. 

Huzzah Media shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control including without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals or hackers.

Independent Contractor. 

The Agreement will not be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

Assignment. 

You may not, without the prior written consent of Huzzah Media, assign the Agreement, in whole or in party, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void.

Entire Agreement.

These Terms of Use and Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Huzzah Media of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability.

If any provision of the Terms of Use and Service is for any reason held to violate any applicable law, governmental rule, or regulation, or if the Terms of Use and Service is held to be unenforceable or unconscionable, the invalidity of that specific provision shall not invalidate the remainder of these Terms. All other provisions and the entirety of the Terms of Use and Service shall remain in full force and effect.

Choice of Law and Venue.

These Terms of Use and Service between you and Huzzah Media hereunder shall be governed as to validity, interpretation, enforcement and effect by the laws of the State of Texas and shall be binding on and inure to the benefit of Huzzah Media and you and upon their respective heirs, personal representatives, successors and assigns. In addition, these Terms of Use and Service shall be deemed to have been made, accepted, performable and all amounts payable to Huzzah Media P.O. Box 131929 in The Woodlands, Texas 77393. Each party to this Agreement hereby irrevocably submits to the jurisdiction of the courts located in The Woodlands, Montgomery County, Texas and agrees that the exclusive venue of any legal action arising out of this Agreement shall be in Montgomery County, Texas.

General Contact Information.

For any questions about these Terms of Use and Service, the practices of this Web Site, or your dealings with this Web Site, you may contact us via the Contact Form or by sending a written correspondence via U.S. Mail to:

Huzzah Media
Online Administrator
10200 Grogan’s Mill Road, STE 440
The Woodlands, TX 77380