Acceptance of Terms

By accessing or using any part of Epixures.com or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Epixures.com from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Epixures.com and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.Epixures.com/serviceterms.htm If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Epixures.com website.

Additional terms may govern use of certain Web sites or Web pages within Epixures.com. In the event that any provision, term or guideline contained on a particular Web site or Web page in Epixures.com conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

Content Contained in Epixures.com

Epixures.com and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Epixures.com (collectively, “Content”) is owned by Epixures.com and/or third parties with all rights reserved unless otherwise noted.. Epixures.com grants you a limited license to access and use Epixures.com and Content solely for informational, personal and non-commercial purposes (including printing individual pages from Epixures.com provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of Epixures.com or Content, except with express written consent of Epixures.com. You understand that all third party Content posted on, transmitted through, or linked from Epixures.com, is the sole responsibility of the third party originator of such Content. Content is provided through Epixures.com AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Epixures.com be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that Epixures.com does not screen or approve third-party Content, and that Epixures.com shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via Epixures.com, for any reason.

Content You Provide

• To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Epixures.com, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Epixures.com. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Epixures.com as provided below.

• You promise that you will not use Epixures.com to:

• Transmit any Content:

• not related to appropriate subject matters;

• which is misleading to others, including consumers;

• that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• that you do not have a right to post and transmit under any law or under contractual relationships;

• such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

• and materials that contain 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; or

• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to Epixures.com, you grant, and you represent and warrant that you have the right to grant, to Epixures.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Epixures.com, you grant Epixures.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Epixures.com by any party for any purpose.

Epixures.com is committed to maintaining the privacy and security of any and all such information that you provide to Epixures.com through Epixures.com in accordance with its Privacy Policy.

 

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Epixures.com), the Terms of Use constitutes the entire agreement between you and Epixures.com with respect to Epixures.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Epixures.com with respect to Epixures.com. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF EPIXURES.COM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPIXURES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF EPIXURES.COM, SERVICES AND/OR CONTENT. EPIXURES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD EPIXURES.COM, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO EPIXURES.COM AND/OR EPIXURES.COM AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
 

Limitation of Liability

IN NO EVENT SHALL EPIXURES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF EPIXURES.COM, WITH THE DELAY OR INABILITY TO ACCESS OR USE EPIXURES.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH EPIXURES.COM, OR OTHERWISE ARISING OUT OF THE USE OF EPIXURES.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EPIXURES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF EPIXURES.COM, AND ALL OTHER USE OF EPIXURES.COM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF EPIXURES.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING EPIXURES.COM.

 

Copyright

All materials on Epixures.com (as well as the organization and layout of the Epixures.com) are owned and copyrighted or licensed by Epixures.com, its corporate affiliates or its third-party vendors. © Epixures.com 2008, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on Epixures.com is permitted without the written permission of Epixures.com. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Epixures.com's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.


Epixures.com IP Administrator
Charles Gammon
4900 Dodd Street
Lynchburg, VA 24502
Tel: (434) 258-5072