EPIC CREATIVE

ONLINE TERMS OF USE

 

Last Modified: June 1, 2018

 

ACCEPTANCE OF THE TERMS OF USE

These terms of use (“Terms of Use”) are entered into by and between You and Epic of Wisconsin, Inc. d/b/a EPIC Creative. (“EPIC Creative,” “we,” “our” or “us”). The Terms of Use govern your access to and use of http://www.epiccreative.com/ (the “Site”) including any content, functionality, and services offered on or through the Site. Please scroll through and read these Terms of Use from beginning to end as they contain important legal terms related to topics such as disclaimers, limitations of liability, indemnities, dispute resolution procedures and governing law and venue.

We know you are busy but please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.epiccreative.com/privacy, incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, you must not access or use the Site. .

Although we understand that great ideas can come from all ages, this Site is only offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. If you are under the age of 13, do not access this Site. By using this Site, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with EPIC Creative and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

CHANGES TO THE TERMS OF USE

Technology is constantly evolving and so is EPIC Creative, as a result, we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Additionally, when we make a material change to the Terms of Use, we will post a notice on the Site.

INTELLECTUAL PROPERTY RIGHTS

We believe in the protection of great ideas, even our own! The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by EPIC Creative, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Site, except as follows: (i) your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for you to download, you may download a single copy to your computer or mobile device solely for your own person, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) modify copies of any materials from this Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copy right, trademark, or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@epiccreative.com.

If you print, copy, modify, download use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by EPIC Creative. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES

All trademarks, service marks, logos, slogans and taglines displayed on or through the Site are property of EPIC Creative or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of EPIC Creative, or such third party that may own the trademark, service mark, logo, slogan or tagline.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Site in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries. You shall not post or transmit via the Site (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

You shall not attempt to disrupt the operation of the Site in any manner, including, through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or any other malicious or harmful code. You shall not use the Site in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site.  Furthermore, you shall not impersonate or attempt to impersonate EPIC Creative, an EPIC Creative employee, another user, or any other person or entity or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm EPIC Creative or the users of the Site or expose them to liability.

TERMINATION/EXCLUSION

You understand that the Site is provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Site at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that EPIC Creative shall not be liable to you or any third party for any termination of your access to the Site.

COOPERATION WITH LAW ENFORCEMENT  

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Site. YOU WAIVE AND HOLD HARMLESS EPIC CREATIVE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EPIC CREATIVE OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LINKS TO THIRD PARTY WEBSITES

Social media is a great place to be creative, and our Site may contain links to social media websites and other third party websites; after all, it’s a big part of what we do. Please be aware however, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Site. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the Site and access the third party website, you do so at your own risk and you should be aware that this Terms of Use no longer applies to your usage of such third party websites. 

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or any site linked to it. epic creative does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any advice, ideas, information, instructions or guidelines accessed through the site.

the information and services offered on or through the site and any referenced third party sites are provided “as Is” and without warranties of any kind, either express or implied. this includes any listings of third party goods or services providers included on the site. any third party goods or service providers are supplied as a convenience to the user, and the listing of such does not constitute sponsorship, affiliation, partnership, or endorsement. owner disclaims all expressed and implied warranties to the fullest extent of the law, including but not limited to, implied warranty of mechantability, fitness for a particular purpose, title, and non-infringement.

epic creative does not warrant or make any representations regarding the use or the results of the use of the site, and content or images submitted or posted on the site in terms of its ownership, validity, correctness, accuracy, timeliness, reliability or otherwise, including content and images posted by users of the site.

the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY

to the maximum extent permitted by law, in no event shall epic creative or its directors, officers, employees or agents be liable to you for special, incidental, punitive or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages, arising out of or in connection with your use of the site or any other materials or services provided to you by epic creative. IN NO EVENT SHALL EPIC CREATIVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF (A) THE FEES PAID BY YOU FOR USE OF THE SITE OR (B) ONE HUNDRED DOLLARS (us$100).  thE FOREGOING  limitationS shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. the foregoing do not affect any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EPIC Creative, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by an construed in accordance with the internal laws of the State of Wisconsin, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Milwaukee and the County of Milwaukee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

WAIVER AND SEVERABILITY

No waiver by EPIC Creative of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of EPIC Creative to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and EPIC Creative regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

COPYRIGHT COMPLAINTS

EPIC Creative respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide EPIC Creative’s Chief Operating Officer with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) description of the copyrighted work that you claim has been infringed; (c) the location on the Site of the alleged infringed material; (d) your address, telephone number, and email address; (e) a statement that your claim of infringement is based on a good belief; and (f) a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

EPIC Creative’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: info@epiccreative.com.

YOUR COMMENTS AND CONCERNS

This Site is operated by EPIC Creative 300 S 6th Ave, West Bend, WI 53095.

All comments and concerns relating to the Site should be directed to: info@epiccreative.com.