This Agreement (“Agreement”) is by and between Epik LLC, (“Epik.com”, “Epik”, “We” or “Us”), a Seattle, WA limited liability company and You, Your heirs, agents, successors and assigns (“You” or “User”) and is effective upon the earlier of: (i) Your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.
- Modification of This Agreement
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the bottom of this document.
- Eligible Users
Use of the Site and Services is restricted to persons: at least 18 years old or a legitimate business entity officially registered in your respective region. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You are not yet 18, do not have the capacity to enter into contracts, if You are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, You do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Epik at firstname.lastname@example.org to make arrangements, although no such access can be guaranteed.
Accessing Epik’s services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
- Acceptable Use
3.1. User Accounts
If You violate the Acceptable Use terms described herein, Epik may, in its sole discretion, with or without notice, terminate Your access to the Site and Services. You are allowed to create one (1) user account with Epik. Your right to use the Site is personal to You. Post office boxes or addresses of office service providers may not be used as an address for a User account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, Epik reserves the right to forbid the use of freely available email addresses as the email address for a user account.
As a condition of Your use of the Site, You warrant to Epik that You will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including but not limited to copying and/or providing screen shots, which are copyrighted material owned by Epik); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.
In addition, You hereby represent and warrant that: (a) You are an eligible user; (b) You have provided accurate and complete information in connection with Your registration and use of the Site (all such information collectively referred to as “Your Information”), and (c) You will update Epik to ensure that Your Information remains accurate and complete.
3.2. Use of the Site and Services
You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, control such rights or have received all necessary consents for Your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks,” “hacks,” or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that: (i) You cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Epik to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with Your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any “junk email,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. Epik does not condone or allow Spam. Epik will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, You remain solely responsible for Your Information.
3.3. Privacy and Confidentiality
You agree not to share any information provided to You by or on behalf of Epik with any third party except as expressly permitted herein. If You sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Epik via the Site or offered by the Site, You may not: (a) use or acquire, or have any other person use or acquire on Your behalf, the products or services of the Services or the Site for which You offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with Your use of the Services or the Site.
Epik is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Epik reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Epik’s sole discretion, without notice at any time.
3.4. Violations of Acceptable Use
Epik may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.
You are responsible for safeguarding the confidentiality of Your password(s) and login name(s) issued to You by Epik, and for any use or misuse of Your account or the Services or the Site resulting from any third party using a password or login name issued to You.
You agree that You will notify Epik immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
- Epik Fees
Except as otherwise noted, creating a user account with Epik is free. We do charge fees for certain development and creative Services and You are given an opportunity to review and accept the fees that will be charged in connection with such Services. You are responsible for all applicable taxes (except for Epik’s income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through the Site. Epik may, in its sole discretion, add, delete or change any of the Services provided or fees charged by Epik. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore.
Unless otherwise stated, all fees and currency amounts are quoted in US Dollars. The fees charged for Epik services that are specified by Epik are considered to be end prices and are understood to include any applicable taxes.
- Epik Services and Applicable Terms
5.1. Description of Service
Epik Service hosts users’ sites and provides them with development, management, and reporting tools to create unique, media-rich Web properties. To develop on a specific domain name, the User has to forward his/her domain to a URL or a Nameserver specified by Epik. Users will also have the option to develop sites on a Epik subdomain (i.e. sitename.epik.com).
See article 4 above.
5.3. User Obligations
Users who utilize the Service are obligated and solely responsible for verifying that their use of the Service with his/her domain names does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. In addition, should User receive notice from a third party regarding their use of Epik Service the User is obligated to immediately contact Epik and provide any material related to such notice.
USER HEREBY INDEMNIFIES EPIK IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST EPIK IN RELATION TO SELLER’S VIOLATION OF THESE OBLIGATIONS.
5.4. Notice of Potential Violation of Third Party Rights
In the event that Epik has been notified by a third party that User’s use of the Epik Service may infringe the rights of a third party, Epik reserves the right to immediately suspend the Epik Service without prior notice and to prohibit the User from using the affected domain name with the Epik Service.
5.5. Advertising Keywords
Users who use the Epik Service are given the opportunity to select keywords for each of his/her sites and modules. Epik reserves the right to examine, change and/or disable keywords at any time, without notice, and at its sole discretion to ensure relevancy in relation to the respective sites.
5.6. Generation of Click Balance and Revenue Share Payment
Epik will pay the User a percentage of all revenues generated by the User’s sites. For qualified Users’ sites, if an Internet user clicks on an advertising banner or link, performs a revenue-generating action, or lands on a page that generates revenue from an impression, then the resulting revenue share generated shall be credited to the User account and displayed in the Epik Reporting Dashboard in an amount determined at Epik’s sole discretion (“Revenue Balance”).
The total Revenue Balance shall be paid out to the User, if there are no indications of “fake traffic,” as defined below. If the Revenue Balance is not redeemed by the User within twelve (12) months after being generated, then the Revenue Balance shall expire and is no longer credited to the User Account.
Users who participate in Epik’s Service will be paid via PayPal or check. Payments will be made on or about 45 business days after the end of each calendar month for all commissions earned and received during the prior month less any amount the Epik determines, in its sole discretion, was not validly earned (see Section 5.7).
The minimum payment amount needed in a User’s Revenue Balance is $100. Unissued earnings will be held until the month in which the total amount due exceeds the minimum payment amount for the chosen payment method. Un-issued earnings less than $100 or earnings undeliverable because of incomplete or inaccurate account data will expire after a period of 12 months and will be deleted. Epik reserves the right to reject payment requests to unconfirmed accounts. In addition, Epik reserves the right to demand verification of User identity before releasing Revenue Balance payments to said User.
PLEASE NOTE: Site owners must understand that the Epik will not withhold taxes from any payments, and that it is the responsibility of User to pay all local, state, federal, and/or foreign taxes on income received from the parking program. By participating in Epik’s Direct Navigation Network, Users agree to indemnify and reimburse Epik on account of any claim or assessment of taxes by any foreign, United States, state, and/or local taxing authority, and any other costs and damages arising from or in connection with the use of Epik’s Services.
- 7. Suspicion of “Fake Traffic” and Consequences
Epik actively monitors sites created on its platform for “fake traffic”. Fake traffic is hereby defined as statistically measured visits to a site utilizing the Epik Service and/or clicks on an advertising banner or advertising link being displayed on said site, which are produced by anyone besides a living individual with good-faith intent to inquire about the subject matter being displayed on said domain name.
Upon reasonable suspicion that a User is sending Fake Traffic to any site developed on Epik, Epik reserves the right, without prior notice and at Epik’s sole discretion, to delete any or all of the accumulated revenue BALANCE for a User Account, to remove any or all of the User’s sites from the Epik Service, and/or suspend or delete the User’s account.
- 8. Right to Terminate Service
Epik and User reserve the right to terminate provision of the Epik Service at any time, without notice or reason.
- 9. Limitation of Liability and Warranty Disclaimer
Epik does not guarantee the success of any content and advertising links displayed on a users’ sites. Furthermore, Epik does not guarantee any specific engagement rates, cost-per-click prices, cost-per-action prices, or cost-per-impression prices on its widgets, which User hereby recognizes fluctuate dependent upon market forces. Epik’s statistics are provided directly from revenue partner reports, and Epik makes no guarantee as to their accuracy.
EPIK IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY PARTNERS OR ADVERTISERS THROUGH THE EPIK SERVICE. EPIK AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
5.10. Intellectual Property
Epik, its content partners, and its advertising providers maintain all right, title and interest, including without limitation all Intellectual Property Rights relating to the Epik Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (accept to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Epik Service, the advertising links, or any other technology or documentation obtained from the Epik Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Epik Service; or (c) engage in any action or practice that reflects poorly on Epik or its advertising partner.
User owns all proprietary rights to their domain names and any content placed on websites that originated from the User. The User shall be obliged to ensure and guarantee that any and all contents used or provided by the User may be used for such purpose. User represents and warrants that all required licenses have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated.
THE USER HEREBY INDEMNIFIES EPIK IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST EPIK IN RELATION TO SELLER’S VIOLATION OF THESE OBLIGATIONS.
- Liability Disclaimer and Indemnification
Epik is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Epik or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Epik Site. By providing access to other web Sites, neither Epik nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site’s sponsoring organization.
YOU AGREE THAT USE OF EPIK’S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EPIK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EPIK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES EPIK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY EPIK IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM EPIK OR THROUGH THE SERVICES PROVIDED BY EPIK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Epik’s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL EPIK, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). EPIK’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD EPIK AND (AS APPLICABLE) EPIK’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- Intellectual Property
In the Epik editor, You will be able to incorporate various forms of Content onto the sites. Epik does not claim ownership of the Content You place on Your site. The Content will be owned by You or a third party from whom You got permission to post the content. By placing Content on Your site, however, You grant Epik a worldwide, royalty-free, and non-exclusive license, for as long as your site is developed on the Epik platform, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your site on Epik. Epik may preserve and store Content, and may also disclose Content if required to do so by law or if Epik believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Epik, its users and the public.
Each Epik user will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Epik user on his or her site. Epik cannot guarantee the accuracy, integrity or quality of such Content. Epik does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in on a site for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Epik also cannot take responsibility for anything that Your site visitors may do in reliance on the Content You post in your site.
In addition to the Content sourced by You as a Epik user, Epik provides pre-built ‘modules’ that make it easy for You to find and add content and monetization streams to your site. All content, database information, data and services available on, and collected as a whole through these modules are property of Epik, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Epik, its affiliates, advertisers, and licensors. Epik’s licensors’ or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties. However, just because Epik provides these modules does not mean it is responsible for their accuracy. Ultimately, Epik users are responsible for any content they place on their respective sites.
If You believe that Your work has been copied and is accessible on the Site or on a User’s website in a way that constitutes copyright infringement, notify Epik (info at Epik dot com) in writing and provide the following information; Your name; Your email address; Your mailing address; Your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and Your relationship to the owner of the allegedly infringed work.
All contents on www.Epik.com are Copyright © 2009 Epik, LLC and/or its suppliers. All rights reserved.
“Epik” and “Direct Navigation Network” are registered trademarks of Epik, LLC. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Epik.
- Term and Termination
Until and unless terminated by You or Epik, Your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). Epik may terminate this Agreement and Your access to the Site and related Services at any time, with or without cause, and with or without notice.
Upon termination of Your right to use the Site, You will no longer have access to any data or information You had previously created, maintained, managed, or stored in the Site or Epik’s systems. Epik is under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and Your right to use the Site.
Epik manages the Site from its offices in Seattle, WA. This Agreement is governed by the laws of the State of Washington, USA, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in King County, Washington, USA in all disputes arising out of or relating to the Site. In addition, You hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by You against Epik or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Epik as a result of this Agreement or use of the Site. Epik’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Epik’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Epik with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Epik with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Epik with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Epik to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense Your rights hereunder to any third party. At any time, Epik may, in its sole discretion and without providing notice or obtaining Your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
- Epik Contact Information
801 2nd Avenue, Suite 614
Seattle, WA 98104, USA
Email: info (at) epik.com
Effective Date: 6/14/2009
Posting Date: 6/14/2009
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