Epic Playground, Inc. Terms of Service
Last Updated: October 9, 2012
Welcome to Epic Playground, Inc.
Thanks for visiting www.epicplayground.com (together with any subdomains or related pages, our “Website”) and/or using a media player enhanced with MediaGauge that permits end users to manage, hear, view and interact with digital content downloaded or streamed through the internet (including all related services, features, content and/or applications offered by us, the “MediaGauge Enabled Player” ). The MediaGauge Enabled Player and our Website is referred to as our “Services”. The Services are provided by Epic Playground, Inc. located at 1930 14th Street, Boulder, CO 80602, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Acceptance of Terms: By registering for and/or using our Services in any manner, including visiting our Website, you agree to these Terms of Service and all other policies that may be published from time to time by us. Each of these additional policies is incorporated into and shall be a part of this Terms of Service. These Terms of Service and any additional terms and conditions and/or policies relating to the use of our Services may be updated from time to time without notice to you. Your use of our Services is subject to these Terms of Service and any additional terms and conditions and/or policies which may be adopted by us from time to time. These Terms of Service apply to all users of our Services, including, users who contribute content, information, and other materials or services to our Website.
Registration: You may browse our Website without registering, but as a condition to using certain aspects of our Services, you may be required to register with us and select a user ID and password. You must provide us with accurate, complete, and updated registration information. Your failure to do so is a breach of these Terms of Service, which may result in immediate termination of your Account. You may not use as a user ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of your account, or cancel your user ID for any reason or no reason. You are solely responsible for any activity that occurs on your account and are responsible for maintaining the confidentiality and security of your password. You may not use another user's account without such other user's express permission. You must immediately notify us in writing of any unauthorized use or security breach of your account.
Content: “Content” includes, without limitation, (a) video, audio , information, data, text, photographs, software, scripts, graphics, interactive features and any other digital media generated, provided, or otherwise made accessible on or through our Services and (b) all Publisher Content.
Content You Consume: You agree that our Services contain Content specifically provided by Epic Playground, Inc., Publishers, our partners, other users or other third parties, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to comply with and maintain all copyright notices, information, and restrictions contained in any Content accessed through the use of our Services. You agree not to attempt to or to circumvent, disable or otherwise interfere with any security-related features of our Services or features that prevent or restrict the use of or copying of any Content provided via our Services. You acknowledge that all Content, including Publisher Content, accessed by you using our Services is at your own risk. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Limited User License: Subject to your compliance with these Terms of Service, Epic Playground, Inc. grants to each user of our Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to access and display locally) the Content, solely for personal, non-commercial purposes and solely as intended through the provided functionality of our Services. Any use, reproduction, modification, distribution or storage of any Content for any other purposes, including for other than your personal, non-commercial use, is expressly prohibited without our prior written permission, and from the copyright owner identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Publisher Content: Our Services provide Content owners (“Publishers”) with the ability to add, create, upload, submit, distribute, post, stream to devices and manage (“submit”) Content (collectively, the "Publisher Content"). All Publisher Content, whether publicly posted or privately transmitted, is the sole responsibility of the Publisher originating such Publisher Content.
By submitting Publisher Content on our Website or otherwise through our Services, you (the Publisher):
- acknowledge that you are publishing that Publisher Content, and that you may be identified publicly by your User ID or otherwise in association with any such Publisher Content posted to our Website or through our Services;
- hereby grant Epic Playground, Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Publisher Content in connection with the Website, the Services and our business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) or our Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each user of our Website and/or our Services a non-exclusive license to access your Publisher Content through our Website and our Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Publisher Content solely for personal, non-commercial use. For clarity, this license grant to Epic Playground, Inc. and our users does not affect Publisher’s other ownership or license rights in your Publisher Content, including the right to grant additional licenses to your Publisher Content, unless otherwise agreed in writing by Epic Playground, Inc. and Publisher;
- represent and warrant that Publisher has all rights to grant such licenses to Epic Playground, Inc. and its users without infringement or violation of any third party rights, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights;
- agree to pay all royalties and other amounts owed to any person or entity due to your submission of any Publisher Content to our Services; and
- agree that Epic Playground, Inc. shall have the right (but is not obliged to) to delete, edit, modify, reformat, excerpt, or translate any materials, Content or information submitted by Publisher.
You may delete or remove your Publisher Content, either yourself or through a request made to one of our employees or affiliates. When your Publisher Content is deleted, it will be removed from our Services. However, Publisher understands that any removed Publisher Content may persist in backup copies for a reasonable period of time (but will not following such removal be shared with users of our Services).
Rules and Conduct: As a condition of your use of our Services, you promise not to use our Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity (and any activity occurring under your user ID) in connection with our Services. 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 our Services, including without limitation any Publisher Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail or spam;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Epic Playground, Inc., our users or any third party;
- impersonates any person or entity;
- violate any US export control laws; or
Additionally, you shall not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iii) bypass any measures we may use to prevent or restrict access to our Services (or other user accounts, computer systems or networks connected to our Services); (iv) run any form of auto-responder or "spam" on our Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of our Website or our Services; (vi) harvest or scrape any Content from our Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of our Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We do not guarantee that any Content or Publisher Content will be made available on our Website or through our Services. We have no obligation to monitor the Website, the Services, Content, or User Content. However, we reserve the right to (i) remove, edit or modify any Content or Publisher Content from our Website or our Services at any time, without notice to you and for any reason (including, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Publisher Content from our Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce and investigate potential violations of these Terms of Service, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Sites and Services: Our Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to our Website and/or our Services. When you access third party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Termination: We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account (including, any and all copies of your Publisher Content located in our computer systems). If you wish to terminate your account, you may do so by following the instructions on our Website. Any fees paid hereunder are non-refundable. All provisions of this Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer: Epic Playground, Inc. has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
- which users gains access to the Services;
- what Content you access via our Services;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
- what actions you may take as a result of having been exposed to the Content.
By using our Services, you release Epic Playground, Inc. from all liability for you having acquired or not acquired Content through our Services. Our Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our Website or our Services.
THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EPIC PLAYGROUND, INC., AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES.
You agree that we will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of our Services.
Indemnification: You shall defend, indemnify, and hold harmless Epic Playground, Inc., its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, liabilities, claims, damages and expenses, including reasonable attorneys’ fees and legal costs, that arise from or relate to your use or misuse of, or access to, our Website, Services, Content or otherwise from your Publisher Content, violation of these Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability: IN NO EVENT SHALL EPIC PLAYGROUND, INC., NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, PUBLISHERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution: A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Epic Playground, Inc. agree that any cause of action arising out of or related to our Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules, and the United States of America.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Thornton, Colorado, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the State of Colorado. Use of our Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this paragraph.
Integration and Severability: These Terms of Service are the entire agreement between you and Epic Playground, Inc. with respect to our Services and use of our Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Epic Playground, Inc. with respect to our Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous: Epic Playground, Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Epic Playground, Inc.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the European Union and/or Australia, in respect of these Terms of Service and your use of our Website, our Services, Content, or Publisher Content, nothing in these Terms of Service shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Service should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Contact: You may contact Epic Playground, Inc. at the following address:Epic Playground
1930 14th Street
Boulder, CO 80302 Via Email