Hokyo provides a personalized subscription service that allows our members to access movies and TV shows (“Hokyo content”) streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Hokyo ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "Hokyo service", "our service" or "the service" means the personalized service provided by Hokyo for discovering and watching Hokyo content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
1.1. Your Hokyo membership will continue until terminated. To use the Hokyo service you must have Internet access and a Hokyo ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Hokyo membership by visiting our website and clicking on the "Account" link available at the top of the pages under your profile name.
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Hokyo at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Hokyo membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Hokyo membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
4.1. You must be at least 18 years of age to become a member of the Hokyo service. Minors may only use the service under the supervision of an adult.
4.2. The Hokyo service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Hokyo membership we grant you a limited, non-exclusive, non-transferable right to access the Hokyo service and view Hokyo content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view the Hokyo content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
4.4. The Hokyo service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Hokyo content. You can turn off tests participation at any time by visiting the "Account" page and changing the "Test participation" settings.
4.5. Some Hokyo content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.6. You agree to use the Hokyo service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, 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 and information contained on or obtained from or through the Hokyo service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Hokyo service; use any robot, spider, scraper or other automated means to access the Hokyo service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Hokyo service; insert any code or product or manipulate the content of the Hokyo service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Hokyo service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.7. The quality of the display of the Hokyo content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Hokyo content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Hokyo ready device.
4.8. Hokyo software is developed by, or for, Hokyo and may solely be used for authorized streaming and viewing of Hokyo content through Hokyo ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Hokyo software and related third-party software.
The member who created the Hokyo account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Hokyo account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Hokyo ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Hokyo or our partners from identity theft or other fraudulent activity.
The Hokyo service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HOKYO 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, where permitted under the applicable law, unless both you and Hokyo agree otherwise, the court 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.
8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of India.
8.2. Unsolicited Materials. Hokyo does not accept unsolicited materials or ideas for Hokyo content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Hokyo.
8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Hokyo Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
8.4. Survival. 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.
8.5. Changes to Terms of Use and Assignment. Hokyo may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.