Terms of Use

EpikChat (“EpikChat” or “we”) provides group video chat and other online audio, video broadcasting and communication services for individuals, businesses, and organizations (the “Services”) through our website accessible at www.epikchat.com (the “Site”) Please read carefully the following terms and conditions (“Terms of Use”) and our Privacy Policy, which may be found at http://www.epikchat.com/epikchat/privacy. These Terms of Use govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms of Use, all text, graphics, images, music, software, URLs, audio, video, information or other materials available through the Site and Services (“Content”), and constitute a binding legal agreement between you and EpikChat.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING, POSTING, BROADCASTING, OR STREAMING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
EpikChat reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility
The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older.

Account Registration
In order to access certain features of the Site and Services, you must register to create an account (“Account”) and become a “Member.” To become a Member you must be at least 13 years old. Any registration by anyone under 13 is void. By completing the registration process to create an Account, you represent and warrant that you are 13 or older. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process. EpikChat reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify EpikChat of any unauthorized use of your Account.

Chatrooms
EpikChat enables you to join chatrooms created on the Site. As a Member, the Service will also allow you to create a chatroom that other users of the Site will be able to join. The chatrooms allow you to video chat live with other users of the Site, and you may also correspond by writing and sending comments that are displayed to other Members in a chatroom or a private message to a specific user in a chatroom. You agree to exclude and flag any participant that you believe is in breach of these Terms of Use or who is otherwise acting inappropriately. If someone reports any content of your chat as illegal, infringing or otherwise in breach of these Terms of Use, you will be responsible for taking such content down.

Payment Terms of Service
The Services are currently made available without charge. However, EpikChat reserves the right to charge for your use of the Services at any time. EpikChat will provide appropriate notice to you if it elects to charge for use of the Services or parts thereof.

Privacy
See EpikChat's Privacy Policy at http://www.epikchat.com/epikchat/privacy for information and notices concerning EpikChat’s collection and use of your personal information.

Ownership
The Site, Services, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, EpikChat and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

Content License
Subject to your compliance with the terms and conditions of these Terms of Use, EpikChat grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view Content solely to use the Site and Service for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, EpikChat grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any User Content solely for your personal and non-commercial purposes. Without limiting your rights to your own User Content (as defined in the following paragraph), you will not use, copy, record, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or User Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EpikChat or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

User Content
Members may post, upload, publish, broadcast, stream, display, submit or transmit text, words, verbal statements, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Services (“User Content”). By making available any User Content through the Site and Services, you hereby grant to EpikChat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Site, the Services, and third party websites. EpikChat does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to EpikChat the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, broadcasting, publication, streaming, submission or transmittal of the User Content or EpikChat’s use of the User Content (or any portion thereof) on, through or by means of the Site, the Services, or third party websites will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@epikchat.com or through the “Help” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of EpikChat and you hereby irrevocably assign to EpikChat and agree to irrevocably assign to EpikChat all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At EpikChat’s request and expense, you will execute documents and take such further acts as EpikChat may reasonably request to assist EpikChat to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions
You agree not to do any of the following: • Post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, pornographic or sexually explicit; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• Bully, abuse, harass, stalk, demean, threaten or discriminate against others;
• Discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;
• Ask for or offer sexually explicit images, and/or material harmful to children;
• Use, display, mirror or frame the Site, or any individual element within the Site, EpikChat’s name, any EpikChat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EpikChat’s express written consent;
• Access, tamper with, or use non-public areas of the Site, EpikChat’s computer systems, or the technical delivery systems of EpikChat’s providers;
• Attempt to probe, scan, or test the vulnerability of any EpikChat system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EpikChat or any of EpikChat’s providers or any other third party (including another user) to protect the Site, Services or Content;
• Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EpikChat or other generally available third party web browsers;
• Send or broadcast any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a EpikChat trademark, logo URL or product name without EpikChat’s express written consent;
• Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Record or otherwise store any video or audio that you perceive or receive through the Site or Services, or record or otherwise store any video or audio interactions you conduct with another Member or user; or
• Encourage or enable any other individual to do any of the foregoing.

EpikChat has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EpikChat may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that EpikChat has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. EpikChat reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that EpikChat, at its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Copyright and IP Policy
EpikChat respects copyright law and expects its users to do the same. EpikChat has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that EpikChat is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EpikChat of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation
If you breach any of these Terms of Use, EpikChat will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. EpikChat reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event EpikChat terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to EpikChat. You may cancel your Account at any time by sending an email to cancel@epikchat.com.

Disclaimers
THE SITE, SERVICES, CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EPIKCHAT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EPIKCHAT MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR USER CONENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EPIKCHAT MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EPIKCHAT OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT EPIKCHAT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES EPIKCHAT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. EPIKCHAT RECOMMENDS THAT YOU DO NOT DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS OR MEMBERS. EPIKCHAT DOES NOT RECOMMEND OR ENCOURAGE MEMBERS TO USE THE SITE OR SERVICES TO SOLICIT OTHER MEMBERS TO MEET WITH THEM IN PERSON. EPIKCHAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT WHEN USING THE SITE OR SERVICES, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT EPIKCHAT IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR SAFETY OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, WHILE THE SERVICES AND WEBSITE ARE NOT PROVIDED FOR PORNOGRAPHIC PURPOSES OR FOR MAKING SEXUALLY EXPLICIT CONTENT AVAILABLE, YOU MAY BE EXPOSED TO CONTENT THAT YOU DEEM TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, OR SEXUALLY EXPLICIT, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST EPIKCHAT WITH RESPECT THERETO.

Indemnity
You agree to defend, indemnify, and hold EpikChat, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content and your access to or use of the Site, Services or Content, or your violation of these Terms of Use.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, INCLUDING USER CONTENT MADE AVAILABLE BY OTHER MEMBERS, REMAINS WITH YOU. NEITHER EPIKCHAT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPIKCHAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL EPIKCHAT ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EPIKCHAT FOR USE OF THE SITE, SERVICES OR CONTENT, IF YOU ARE REGISTERED FOR PAID ACCOUNT, OR FIVE ($5), IF YOU ARE REGISTERED FOR A FREE ACCOUNT, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EPIKCHAT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of EpikChat used herein are trademarks or registered trademarks of EpikChat. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between EpikChat and you regarding the Site, Services, Content and User Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between EpikChat and you regarding the Site, Services, Content and User Content.

General
The failure of EpikChat to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EpikChat. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting EpikChat
If you have any questions about these Terms of Use, please contact EpikChat at support@epikchat.com.