TERMS OF USE

Last updated February 5, 2014

Welcome

We welcome you as a user of the Epical mobile software application (which we will refer to generally as the “Service” and also sometimes as the “Software”). In these Terms of Use (the “Terms”), “user,” "you" and  "your" refer to any person accessing the Service or any other related service or software, and “ecom enterprises, inc.,” "we," "us," and "our" refer to ecom enterprises, inc., a California corporation, and may also include our affiliates (such as licensors, licensees, suppliers, advertisers, and sponsors) and our officers, directors, employees, consultants, shareholders, agents, and representatives.

Terms

By accessing the Service or by registering with us, you are agreeing to be bound by these Terms, and all applicable laws.

If you do not agree with any part of these Terms, you are prohibited from using or accessing the Service and will not be able to register.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking Privacy Policy Our Privacy Policy is expressly incorporated into these Terms by this reference.

We require you to register before you use or access the Service by providing us complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us.

Disclaimer

THE SERVICE AND THE SOFTWARE ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THEM OR MATERIALS ON ANY SITES LINKED TO THE SERVICE.
Links

The Service contains links to web sites (the “Linked Sites”), such as social networking sites. While we encourage your appropriate interaction with Linked Sites, we do not review their content or management, and we are not responsible for them. Our inclusion of any Linked Site does not mean we endorse it. Your interaction with any Linked Site is at your sole risk.

We grant you a license

The Service contains images, text, software, and other content (the “Content”), all of which is protected by applicable copyright law. By accessing the Service, you are granted a limited, non-transferable license to access/view the Content for as long as you are accessing the Service. If you uninstall the Software, your license will be automatically terminated. However, by participating in the posting of links to the Service on, for example, the Linked Sites, you are inevitably sharing the Content on external portals. We hereby grant you a limited, temporary, and non-transferable use license solely to share the Content on external portals or other means of digital communication with your understanding that the Content, after it is shared, (a) is still covered by its applicable trademark and/or copyright laws, (b) is shared in an unmodified manner, (c) is not shared within a defamatory context or where it could be interpreted as such, and (d) contains a direct link back to the Content it represents on the Service.

If you download the Software, the Software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by us, for your personal and noncommercial use only. We retain full title and intellectual property rights to the Software. You may not sell, redistribute, or reproduce the Software, nor may you reverse-engineer or otherwise convert the Software to human-perceivable form. We and our licensors own all trademarks and you may not copy or use them in any manner.

User Submissions

We welcome your participation in the Service’s community resources, which includes without limitation message boards, blogs, and other forums related to the Service (collectively, the "Forums"). It is important that you be aware that, unless otherwise expressly provided in writing on the Service, if you send any message, comment, content, or any other information in whatever form ("Submission"), it shall become the exclusive property of ecom enterprises, inc.. No Submission will be subject to any confidentiality obligation on our part, and we shall have no liability for any use or disclosure of any Submission. We will have sole and exclusive ownership of all existing and future rights to the Submission worldwide, and may use the Submission for any purpose in our sole discretion, without compensation to any party providing the Submission.  By your Submission, you assign (or warrant that the owner of such rights has expressly assigned) to us the worldwide, perpetual, exclusive right to use your Submission in its original or edited form, in any medium (now known or later devised), including without limitation videos, software, RSS feeds, APIs, marketing, audio tapes or disks, computer networks, books or articles. You also warrant that you own or otherwise control all of the rights to the Submission and that the posting and use of the Submission by us will not infringe any rights of any third party. Additionally, you warrant that any moral rights in the Submission have been waived.   
You will not be compensated for any Submissions. You agree that we may publish or otherwise disclose your name (to the extent you have posted your name or user name) in connection with your Submissions.

Inappropriate Submissions

You agree not to upload or otherwise distribute any Submissions that (a) are libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) violate any law or regulation; or (c) advertise or otherwise solicit funds for goods or services. We reserve the right to terminate your distribution of any such material and, if applicable, delete any such material from our servers. We intend to cooperate fully with law enforcement agencies in the investigation of any violation of these Terms or of any applicable laws.

Prohibited Uses

We impose certain restrictions on your permissible use of the Service and Software. You are prohibited from attempting to violate any security features, including, without limitation, (a) accessing content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Service or Software; (c) using the Service or Software to send unsolicited communications; or (d) attempting to modify, reverse-engineer or otherwise attempt to reduce to a human-perceivable form any of the source code related to the Service or Software. Any violation of system or network security may subject you to civil and/or criminal liability.

Alleged Violations

We reserve the right to terminate your use of the Service or Software. To ensure that we provides a high quality experience for you and for other users, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Service and Software immediately, with or without notice to you, and without liability to you, if we believe you have violated any of the Terms, furnished us with false or misleading information, or interfered with other users’ use of the Service or Software.

Modifications

We may revise these Terms, or our Privacy Policy that is incorporated into these Terms [Link], at any time. We will send a notice to you at the email address to provide during your registration with us any time these Terms are changed or updated. By using the Service or Software, you are agreeing to be bound by the then-current version of these Terms. We do not, however, make any commitment to update these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Your sole remedy for any dissatisfaction with the Service or Software is to stop using them.

Indemnity

You agree to indemnify us any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) (collectively, a “Loss”) arising from (a) your  access to or use of the Service and Software (b) your violation of these Terms, or (c) your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any Loss, and will provide you with reasonable assistance, at your expense, in defending any such Loss.

Severability; Waiver

If a court of competent jurisdiction finds any part of these Terms to be unenforceable, all other provisions will remain unaffected. No waiver of any breach of these Terms shall constitute a waiver of any other breach of the same or any other provisions, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party.

 

Governing Law

Any claim relating to the Service or Software shall be governed by California law (excluding its conflict of law provisions and, if applicable, the United Nations Convention on the International Sale of Goods) with exclusive jurisdiction in Santa Clara County, California.

Copyrights and Trademarks

All Content of the Service or Software is: Copyright © 2013 ecom enterprises, inc. All rights reserved.

The following marks are trademarks of ecom enterprises, inc.:  epical, ecom enterprises

We respect intellectual property rights, and we insist our users to do the same.  If you believe that posted Content or Submissions infringe your rights under copyright law in specific materials (collectively, a "Work"), please follow the procedure described below to notify us of your concerns or objections.

The Digital Millennium Copyright Act of 1998 (the "DMCA") gives recourse to copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that material on the Service or the Content infringes your copyright, to the extent allowed by law you or your agent may send us a notice requesting that the material be removed or that or access to it be blocked (the “Notice”). The Notice must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted Work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that a Notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See www.loc.gov/copyright for details. You may wish to consult your legal adviser before filing a Notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA.

Any Notice or counter-notices must be sent to us at:
ecom enterprises, inc. Legal Department, 1230 Oakmead Parkway, Suite 318, Sunnyvale, California  94085
or by email at copyright@ecomenterprises.com
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Acknowledgement

By accessing the Service or Software, you agree to be bound by these Terms.

PLEASE NOTE THAT, TO COMPLETE YOUR REGISTRATION WITH US, YOU WILL BE REQUIRED TO VERIFY YOUR CONSENT TO THESE TERMS.