These Terms and Conditions of Service and Use of EPICO (together with its successors and/or assigns, the “Company”, and sometimes referred to herein as “we” or “us” or “our”) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of EPICO website (Collectively “Platform” or “Service”), hereby amend and restate any such prior terms and conditions.
By clicking “I AGREE” and/or simply by using or accessing our services and this Platform, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of EPICO (the “Platform”) as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of our services and our Platform shall comply with all applicable state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
The Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
You aim to accurately represent the information provided to us on or through our Platform. You acknowledge that you are participating voluntarily in using our Platform and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Platform, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Platform to your life, family or business.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
EPICO will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EPICO may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been deleted or duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to EPICO on or by the Content and/or Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Services (collectively, “Comments”) shall be and remain EPICO’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to EPICO of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. EPICO is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree not to post on or transmit through the Services any Comments or other material that:
Without limiting the generality of the foregoing, EPICO shall have the right to:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that EPICO shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
You agree to defend, indemnify and hold us and our members, owners, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Platform or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We may terminate, change, suspend or discontinue any aspect of the Platform or services at any time. We may restrict, suspend or terminate your access to the Platform and/or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
If you provide us your email address to join our mailing list, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes.
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, pictures, software, scripts, graphics, or other information to the Platform (collectively, the “User Submissions”).
By Submitting any User Submissions through the Platform or the Service, you hereby do and shall grant EPICO a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Platform, the Service and EPICO’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party Platforms).
You also hereby do and shall grant us a non-exclusive license to access your User Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal use. For clarity, the foregoing license grant to EPICO does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
You understand that EPICO shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that EPICO will not be liable for any errors or omissions in any content; and that EPICO cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
EPICO does not endorse any User Submission. EPICO cannot guarantee the authenticity of any data which users may provide about themselves or the persons or entities they are involved or affiliated with or employed by. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Any information provided on our Platform is not proposed to be a substitute for professional advice. You should rely on your own assessment, examination and evaluation as to the accuracy of any information made available within this program or via this web Platform.
You may be required to provide information about yourself in order to register for and/or use certain Services (including but not limited to joining our mailing list, purchasing a membership) You agree that any such information shall be accurate. You may also be asked to provide your name, email address and phone number.
In order to register and/or participate on the Site, an individual must:
be a natural person, at least 13 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form.
By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions and, where an individual is aged between 13 and 18, he/she has obtained his/her guardian’s consent to register on this Site.
We work hard to provide the best services we can and to specify clear guidelines for everyone who uses them.
EPICO, DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, EPICO, DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE PLATFORM; EPICO, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE OR THAT IT WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE PLATFORM, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE PLATFORM IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
EPICO, DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE PLATFORM; AND, EPICO, DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE PLATFORM, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY EPICO, HEREBY.
The Platform may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these Platforms. These links to other websites do not imply a recommendation for all the content found on these Platforms. Platform owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
Please be also aware that when you leave our Platform, other websites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these Platforms as well as their "Terms of Service" before engaging in any business or uploading any information.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE PLATFORM OR ANY WEBSITES OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The information contained in or made available by EPICO or any third-party through the program or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental health, financial, medical, psychological, or legal fields. We do not offer any professional, personal, medical, financial or legal advice and none of the information contained in the program should be confused as such advice. Neither EPICO, nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the registrant or the registrant’s business, including economic loss, that may result from participation in the program or from the use of, or the inability to use, the materials, information, or strategies communicated through the program or any products or services provided pursuant to the program, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will EPICO be liable for any special or consequential damages that result from registrant’s participation in the program. To be clear: You, the registrant, alone are responsible and accountable for your decisions, actions and results, and by your participation in the program, you agree not to attempt to hold EPICO or any of its speakers liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this program at any time, under any circumstance.
These Terms and Conditions will be governed by and construed in accordance with Japanese law, and the courts of Tokyo will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Any claim, action, lawsuit or proceeding arising out of or related to this Platform and the services and products provided, shall be instituted exclusively in the courts of Tokyo and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, EPICO and the Users (“the parties”) agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the Japanese Arbitration Association, before resorting to arbitration.
Any dispute arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by mediation within thirty (30) calendar days shall be finally resolved by arbitration administered by the Japanese Arbitration Association under its Commercial Arbitration Rules, and judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction.
Copyright © 2020 EPICO. All rights reserved. All materials presented on this Platform are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this Platform is expressly prohibited.