Terms of Service

Last Updated: April 1, 2014

EPIKORE DIGITAL MEDIA

Epikore DIGITAL Media (“Epikore,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.epikore.com (the “service” and the “site”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access this service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://epikore.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

ACCESS AND USE OF SERVICE

Services Description

Epikore is designed establish social media outlets, websites, and graphics for your business in an effort to bridge the gap between your company and your users.

Modifications to the Service

Epikore uses tested and successful social media marketing techniques that have been proven to drive traction in a positive direction for entities including, but not limited to businesses, clubs, and individual campaigns. Since the free market is a liquid entity, tactics will always change and Epikore will make every effort to ensure that your social media outlets are functioning at the highest potential at any given time. You acknowledge that such changes to these tactics may result in changes to the appearance, performance, and feedback of your social media outlets. You agree that Epikore Social Media will not be liable to you or to any third party for any modification of our system, or any modification, suspension or discontinuance of the services

Your Request Obligations

It is required that you fill in any and all forms this site instructs you to fill out upon purchasing a service. Failure to do so will result in no work being done due to lack of instruction. It is imperative that you are clear and detail oriented when you explain the specifications of your business needs. Failure to do so will result in vague or unwanted designs, social media platforms, information, websites, or other creations.

CONDITIONS OF USE

User Conduct

You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you submit, post, publish or display (hereinafter, “transmit”) or email or otherwise use via Epikore Digital Media. Epikore reserves the right to investigate and take appropriate legal action against anyone who, in Epikore’s sole discretion, violates this provision, including without limitation, removing the offending content from any outlets, suspending or terminating the service of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

· email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to submit under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Epikore, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Epikore or its users to any harm or liability of any type;

· interfere with or disrupt the service or other clients connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;

· violate any applicable local, state, national or international law, or any regulations having the force of law;

· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

· solicit personal information from anyone under the age of 18;

· harvest or collect email addresses or other contact information of other users from the Epikore by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

· further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

· obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the service.

Fees

Unless otherwise specified in person and in writing, all fees must be paid through paypal first. Upon purchasing monthly payment packages, you will be sent an invoice at the start of ever monthly cycle and given 15 days to pay. Failure to pay will result in any work that Epikore has done for you to be suspended. Failure to uphold a website monthly payment, unless otherwise specified and agreed upon by both parties, will result in the suspension of your website, rendering it unusable and unviewable until the payment is made.

We reserve the right to terminate any ongoing monthly deals for any reason.

Fair Use and Honesty

You agree to give Epikore access to all social media outlets created for you, by us, including all social media outlets maintained through any of the maintenance packages, including but not limited to, the login information, password, administrative privileges, and management rights. This access is hereby granted by default and will not be exploited for any personal gain without the consent the company, business, individual, club, organization, or campaign as governed in the Privacy Policy. You, and any allowable individuals in your company, will also always, at all times, have full access to anything Epikore creates for you. Under no circumstances will we be representing you in any way, shape, or form, without your ability to step in and take control. We will cease all activity upon the company’s request.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPIKORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EPIKORE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPIKORE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPIKORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE AND/OR COMMUNICATE EFFECTIVELY WITH EPIKORE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that Epikore, in its sole discretion, may suspend or terminate your maintenance (or any part thereof) or use of the service, for any reason, including, without limitation, for lack of use or if Epikore believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service may be referred to appropriate law enforcement authorities. Epikore may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Epikore may immediately discontinue all social media maintenance (with the respective ceasing of compensational finance charging) and all related information and files in your platforms and/or bar any further access to such files or the service. Further, you agree that Epikore will not be liable to you or any third party for any termination of your access to the service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Epikore will have no liability or responsibility with respect thereto. Epikore reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service.

General

These Terms of Service constitute the entire agreement between you and Epikore and govern your use of the service, superseding any prior agreements between you and Epikore with respect to the service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Epikore to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Epikore Digital Media, we respect the privacy of our users. For details please see our Privacy Policy at https://epikore.com/privacy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at michael@epikore.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.