Welcome to EpicTimes! We can be reached by e-mail as follows:
email@example.com for general site issues
firstname.lastname@example.org for Digital Millennium Copyright Act or law enforcement issues
email@example.com for privacy related issues
firstname.lastname@example.org for spam or other similar issues or problems
www.epictimes.com, including any connected mobile application or version thereof (the "Site"), is an
online service operated on the World Wide Web of the Internet, consisting of certain services and content
provided by EpicTimes Inc. ("EPICTIMES") and/or its affiliated and subsidiary companies (each an
"Affiliate") and third parties
This End User Agreement (the "Agreement"), sets forth the terms and conditions that apply to use of the
Site by each end user thereof ("End User"). By using the Site (other than to read this Agreement for the
first time), End User agrees to comply with all of the terms and conditions hereof. The right to use the Site
is personal to End User and is not transferable to any other person or entity. End User shall be responsible
for protecting the confidentiality of End User's password(s), if any. End User shall be fully responsible for
the use of the Site by any other person it permits to access the Site. EPICTIMES shall have the right at any
time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
3. Changed Terms.
EPICTIMES shall have the right at any time to change or modify the terms and conditions applicable to
End User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited
to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given by means including, but
not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which
End User obtains notice thereof. Any use of the Site by End User after such notice shall be deemed to
constitute acceptance by End User of such changes, modifications or additions, unless the End User notifies
EPICTIMES in writing that it has terminated this Agreement within five (5) business days of receipt
by the End User of such notice, in which case the End User's conduct shall be deemed governed by the
Agreement without such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all equipment needed for access to and use of
the Site and all charges related thereto.
5. End User Conduct.
(A) End User shall use the Site for non-commercial, lawful purposes only. End User shall not post or
transmit through the Site any material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates any law, or which, without EPICTIMES'S express
prior approval, contains advertising or any solicitation with respect to products or services. Any conduct
by End User that in EPICTIME'S discretion restricts or inhibits any other End User from using or enjoying
the Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not
limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and
other such malicious code, (3) using (directly or indirectly) the Site or its computer network to make
unauthorized entry to any other machine accessible via the Site or its computer network and (4) use of the
Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of
users of the Site to become users of other on-line services competitive with the Site. Without limiting any
other rights or remedies of EPICTIMES, violations of the foregoing may result in removal of violative
communications and/or early termination of the End User's access to the Site.
(B) The Site contains copyrighted material, trademarks and other proprietary information that may include,
but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the
Site are copyrighted as a collective work under the United States copyright laws. EPICTIMES, as between
itself and End User, owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. End User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in
whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial or non-commercial exploitation of downloaded material will
be permitted without the express permission of EPICTIMES and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not
acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on the Site any material protected
by copyright, trademark or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining that any material is not
protected by copyright rests with End User. End User shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of the Site, End User automatically grants, or warrants that the owner
of such material has expressly granted EPICTIMES the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that may exist in such material. End
User also permits any other End User to access, view, store or reproduce the material for that End User's
personal use. Please note that EPICTIMES does not want to receive confidential information from any End
User and any information received will be deemed NOT to be confidential.
(D) From time to time, the Site may, at its sole discretion, allow End User to submit certain content
including, but not limited to, photos, messages, notes, text, information, music, video, advertisements,
listings, or other content (collectively, "User Content") and make available such User Content on the
Site. End User understands that, regardless of whether or not such User Content is published or otherwise
made available on the Site, EPICTIMES in no way guarantees any confidentiality with respect to any User
End User is solely responsible for any User Content that End User End uploads, transmits, shares, publishes
or displays (collectively and hereinafter, "Post") on or through the Site, or transmits to or shares with
other End Users. End User is and shall be at all times solely responsible for its own User Content and the
consequences of Posting such User Content and affirms, represents, and warrants that End User owns, or
has the necessary licenses, rights, consents, and permissions to use and authorize EPICTIMES to use, all
patent, trademark, trade secret, copyright or any other proprietary rights in and to any and all User Content
to enable inclusion and use of the User Content in any manner contemplated by EPICTIMES and these
User does not have permission to Post. End User understands and agrees that EPICTIMES may, but is in
no way obligated to, review the Site and/or any User Content and may delete or remove (without notice)
any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole
judgment of EPICTIMES violates this Terms or Use, or which might be considered offensive, illegal, or
that might violate the rights, harm, or threaten the safety of users or others. End User is solely responsible,
at End User sole cost and expense, for creating any backup copies or replacing any User Content End User
Posts on the Site.
In posting User Content to the Site, End User authorizes and directs EPICTIMES to make such copies
thereof as it deems necessary in order to facilitate the Posting and storage of the User Content on the Site
and End User automatically grants, and End User represents and warrants that End User has the right
to grant, to EPICTIMES an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free
worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the
foregoing. End User may remove User Content from the Site at any time; however, End User expressly
acknowledges that EPICTIMES may retain archived copies of User Content. The Site does not assert any
ownership over such User Content; rather, as between EPICTIMES and End User, subject to the rights
any intellectual property rights or other proprietary rights associated with User Content.
End User further agree that End User will not submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless End
User is the owner of such rights or has permission from their rightful owner to post the material and to
grant the Site all of the license rights granted herein.
End User understands and agrees that the Site does not endorse any User Content or any opinion,
recommendation, or advice expressed therein, and the Site expressly disclaims any and all liability in
connection with User Content.
(E) The foregoing provisions of Section 5 are for the benefit of EPICTIMES, EPICTIMES Affiliates and
its client companies, third party content providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) END USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT END USER'S SOLE
RISK. NEITHER EPICTIMES, EPICTIMES AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, CLIENT COMPANIES, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS (COLLECTIVELY, THE "EPICTIMES PARTIES") WARRANT THAT THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY
ACKNOWLEDGES THAT EPICTIMES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH END USER. END USER SPECIFICALLY
ACKNOWLEDGES THAT EPICTIMES SHALL NOT BE LIABLE FOR USER CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL EPIC TIMES, EPICTIMES AFFILIATES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE
SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. END
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EPICTIMES NOR THE
EPICTIMES, PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR
ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR
FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE DEFY
MEDIA PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING
TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED
TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE
AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER'S USE OF
THE SITE AND RETAINED BY EPICTIMES OR (B) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO END USER. IN SUCH JURISDICTIONS, DEFY MEDIA'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
EPICTIMES shall have the right, but not the obligation, to monitor the content of the Site to determine
compliance with this Agreement and any operating rules established by EPICTIMES and to satisfy any
law, regulation or authorized government request. Without limiting the foregoing, EPICTIMES shall have
the right to remove any material that EPICTIMES, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless EPICTIMES, EPICTIMES Affiliates and its
and their respective directors, officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of the Site by End User, inclusive of any claim that User
Content in any way causes damage to a third party, except to the extent such claims and expenses arise
directly out of the gross negligence of EPICTIMES.
Either EPICTIMES or End User may terminate this Agreement at any time. Without limiting the foregoing,
EPICTIMES shall have the right to immediately terminate any passwords or accounts of End User in the
event of any conduct by End User which EPICTIMES, in its sole discretion, considers to be unacceptable,
or in the event of any breach by End User of this Agreement. The provisions of Sections 5, 6, 8, 10, and 12
shall survive termination of this Agreement.
Trademarks appearing on the Site are the property of EPICTIMES, EPICTIMES Affiliates, or their
11. Third Party Content.
EPICTIMES is a distributor (and not a publisher) of content supplied by third parties and End Users.
Accordingly, EPICTIMES has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers, End Users or any other
user of the Site, are those of the respective author(s) or distributor(s) and not of EPICTIMES. Neither
EPICTIMES nor any third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Site represents the opinions and judgments of the
respective information provider, End User, or other user not under contract with DEFY MEDIA. DEFY
MEDIA and the EPICTIMES PARTIES neither endorse nor are responsible for the accuracy or reliability
of any opinion, advice or statement made on the Site. Under no circumstances will EPICTIMES or the
EPICTIMES PARTIES be liable for any loss or damage caused by an End User's reliance on information
obtained through the Site. It is the responsibility of End User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available through the Site.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the
Site, including, but not limited to, any supplemental terms governing the use of certain specific material
contained in the Site and any operating rules for the Site established by EPICTIMES) constitutes 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. The provisions of this Agreement
will be deemed severable, and the unenforceability of any one or more provisions will not affect the
enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is
declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum
extent possible under applicable law, preserves the original intentions and economic positions of the
parties. This Agreement shall be construed in accordance with the laws of the State of Delaware without
regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import.
EPICTIMES knows that the privacy of End User's personal information is important to End User.
located HERE and is part of this Agreement.
14. DMCA Notice.
(A) EPICTIMES owns, protects and enforces copyrights in its own creative material and respects the
copyrighted properties of others. Materials may be made available on or via the Site by third parties not
within the control of EPICTIMES. It is our policy not to permit materials known by us to be infringing to
remain on this site. If End User is a copyright owner or an agent thereof and believe that any User Content,
or other content, infringes upon End User's copyrights, End User may submit a notification pursuant to the
Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii)
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a representative list of such works at that site; (iii)
identification of the User Content, or other content, that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to
permit the service provider to contact End User, such as an address, telephone number, and, if available,
an electronic mail address; (v) a statement that you have a good faith belief that use of the User Content, or
other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that
End User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the DMCA 17 U.S.C. 512 (c), EPICTIMES has designated email@example.com, as its agent
("Agent") for notification of claims of copyright infringement with respect to information residing, at the
direction of a user, on the Site Web site..
For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments,
requests for technical support, and other communications should be directed as set forth at the beginning
of this Agreement. End User expressly acknowledges that if End User fails to comply with all of the
requirements of this Section 14, End User's DMCA notice may not be valid.
(B) If End User believes that End User's User Content, or other content, that has been removed (or to
which access was disabled) is not infringing, or that End User has authorization from the actual copyright
owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Content,
or other content, End User may send a counter-notice containing the following information to the Agent:
(i) End User's physical or electronic signature; (ii) identification of the User Content, or other content,
that has been removed or to which access has been disabled and the location at which the User Content,
or other content appeared on the Site prior to the point at which such User Content, or other content,
was removed or disabled; (iii) a statement that End User has a good faith belief that the User Content, or
other content, was removed or disabled as a result of mistake or a misidentification of the User Content,
or other content; and (iv) End User's name, address, telephone number, and, if available, an electronic
mail address, a statement that End User consents to the jurisdiction of the federal court in Delaware and
a statement that End User will accept service of process from the party that provided notification of the
If a counter-notice is received by the Agent, the Site may send a copy of such counter-notice to the original
complaining party informing such party that it may replace the removed content or cease disabling it in
ten (10) business days. Unless the copyright owner files an action seeking a court order against the content
provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the counter-notice, at the Site's sole discretion.
(C) The Site suggests that you consult your legal advisor before filing a notice or counter-notice. Please
also be aware that there can be penalties for false claims under the DMCA.