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Terms of Use for Epistimo.com Website



BY USING Epistimo.com Website, YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE Epistimo.com Website. THESE TERMS OF USE GOVERN YOUR USE OF Epistimo.com, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT Epistimo.com MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT Epistimo.com Website MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”).

Your use of the Epistimo.com Website forms a legal agreement between you and Epistimo.com Website and is subject to the terms of that agreement as stated in these Terms of Use. You acknowledge and agree that Epistimo.com Website may stop (permanently or temporarily) providing the Epistimo.com Website to you or to users generally, at Epistimo.com Website’s sole discretion, without prior notice to you. You may stop using the Epistimo.com Website at any time. You do not need to specifically inform Epistimo.com Website when you stop using the Epistimo.com Website. In order to access certain Materials or Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Epistimo.com Website will always be accurate, correct and up to date.

Content of, and/or opinions expressed on the Epistimo.com Website and in any corresponding comments are the personal opinions of the original authors, not of Epistimo.com Website. The content is provided for informational purposes only and is not meant to be an endorsement or representation by Epistimo.com Website or any other party. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Epistimo.com Website are the sole responsibility of the person from which such content originated. You understand and acknowledge that the Epistimo.com Website may be protected by intellectual property rights which are owned by Epistimo.com Website or by other entities. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Epistimo.com Website, either in whole or in part, unless you have been specifically told that you may do so by Epistimo.com Website or by the owners of rights to content of the Epistimo.com Website, in a separate agreement.


Use of Epistimo.com Website

Epistimo.com Website authorizes you to use the Epistimo.com Website only for your own personal, non-commercial purposes. Use of the Epistimo.com Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) without an express written agreement with Epistimo.com Website is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. The Epistimo.com Website is protected under international copyright laws. Any unauthorized use of the Epistimo.com Website may violate copyright, trademark, and other laws.

You agree to use the Epistimo.com Website only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Epistimo.com Website by any means other than through the interface that is provided by Epistimo.com Website, unless you have been specifically allowed to do so in a separate agreement with Epistimo.com Website. You specifically agree not to access (or attempt to access) any of the Epistimo.com Website through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Epistimo.com Website, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Materials or Services for any purpose. You agree that you are solely responsible for (and that Epistimo.com Website has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Epistimo.com Website may suffer) of any such breach. Epistimo.com Website reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Epistimo.com Website.


Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Epistimo.com Website. You are responsible for maintaining the confidentiality of your Epistimo.com Website tes password and you are solely responsible for all activities that occur under your password. You agree to notify Epistimo.com Website immediately of any unauthorized use of your password or any other breach of security related to the Epistimo.com Website. Epistimo.com Website reserves the right to require you to change your password if Epistimo.com Website believes that your password no longer is secure.


Prohibited uses

You agree not to use the Epistimo.com Website: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Epistimo.com Website or servers or networks connected to the Epistimo.com Website. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the Epistimo.com Website; or (2) attempt to gain unauthorized access to any portion of the Epistimo.com Website or any other accounts, computer systems, or networks connected to the Epistimo.com Website, whether through hacking, password mining, or any other means.


Termination

Epistimo.com Website may terminate, suspend, or modify your registration with, or access to, all or part of the Epistimo.com Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Epistimo.com Website at any time. If you breach any of these Terms of Use, your authorization to use the Epistimo.com Website automatically terminates and you agree to immediately destroy any downloaded or printed content obtained from the Epistimo.com Website (and any copies thereof).


Disclaimers

THE Epistimo.com Website ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Epistimo.com Website IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT Epistimo.com Website, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. Epistimo.com Website EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Epistimo.com Website (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Epistimo.com Website MAKES NO WARRANTY THAT THE Epistimo.com Website WILL MEET YOUR REQUIREMENTS OR THAT THE Epistimo.com Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE Epistimo.com Website WILL BE CORRECTED. Epistimo.com Website MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Epistimo.com Website OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Epistimo.com Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE Epistimo.com Website OR FROM Epistimo.com Website, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE Epistimo.com Website PARTIES”) SHALL CREATE ANY WARRANTY. Epistimo.com Website DISCLAIMS ALL EQUITABLE INDEMNITIES.


Limitation of Liability

IN NO EVENT WILL ANY OF THE Epistimo.com Website PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE Epistimo.com Website (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Epistimo.com Website), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Epistimo.com Website PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.


Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Epistimo.com Website Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Epistimo.com Website Party’s liability shall be the minimum permitted under such applicable law.


Modifications to Epistimo.com Website

Epistimo.com Website reserves the right to modify, suspend, or discontinue the Epistimo.com Website at any time without notice to you.


User Submissions

Certain areas of the Epistimo.com website may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission; whether blog posts contributed via RSS, blog posts written directly on the site, or comments, the contributor agrees to give Epistimo.com Website a perpetual, non-exclusive license to the content that Epistimo.com Website publishes; you grant to Epistimo.com Website an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Epistimo.com Website deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Epistimo.com Website reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Epistimo.com Website may, but is not obligated to, pre-screen User Submissions or monitor any area of the Epistimo.com Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Epistimo.com Website is not required to host, display, or distribute any User Submissions on or through the Epistimo.com Website and may remove at any time or refuse any User Submissions for any reason. Epistimo.com Website is not responsible for any loss, theft, or damage of any kind to any User Submissions. Epistimo.com Website does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Epistimo.com Website will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Epistimo.com Website does not guarantee that you will have any recourse through Epistimo.com Website or any third party to edit or delete any User Submission you have submitted. By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the website and release Epistimo.com Website from any liability related to your use of the Website.

By submitting any User Submission, you represent and warrant that: 1. you are at least 18 years old; 2. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Epistimo.com Website the rights in your User Submissions described herein; 3. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; 4. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Epistimo.com Website described herein; 5. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; 6. you voluntarily agree to waive all “moral rights” that you may have in your User Submission; 7. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; 8. your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); 9. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; 10. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; 11. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); 12. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; 13. your User Submission does not contain any information that you consider confidential, proprietary, or personal; 14. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; 15. you are solely responsible for the content of all information you contribute, link to, or otherwise upload to Epistimo.com Website; and 16. you release and indemnify Epistimo.com Website and sponsors of Epistimo.com Website from any claims and/or liability related to your use of those Websites.


Visitors

Epistimo.com Website’s communities are intended to enable lively but civil interaction. Use of language that is abusive, off-topic, uses excessive foul language, or includes ad hominem attacks will not be tolerated. Epistimo.com Website reserves the right to determine what constitutes inappropriate behavior and to bar offenders at its sole discretion. Unless expressly permitted, you may not publish or reproduce the content that appears on any part of this site. Epistimo.com Website reserves the right to block or remove postings or communications at any time at Epistimo.com Website’s sole discretion.


Links to Third-party Websites

Some links on Epistimo.com Website may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the Epistimo.com Website. Epistimo.com Website is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, Epistimo.com Website does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Epistimo.com Website Network, you do so entirely at your own risk.


Linking to this Website

You may create links to this Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent Epistimo.com Website’s written authorization otherwise, a website that links to this Site: 1. may link to, but shall not replicate, any content of the Epistimo.com Website (including any Epistimo.com Website logo); 2. shall not create a browser or border environment around any content of the Epistimo.com Website; 3. shall not imply that Epistimo.com Website endorses such website or any products, services, or content available through such website; 4. shall not misrepresent its relationship with Epistimo.com Website; 5. shall not present false or misleading information about Epistimo.com Website, its products, or its services; 6. shall not contain content that could be construed as distasteful, offensive, or controversial; and 7. shall contain only content that is appropriate for all age groups.


Trademarks

Epistimo.com Website and any other product or service name or slogan or logo contained in the Epistimo.com Website are trademarks of Epistimo.com Website or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Epistimo.com Website or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Epistimo.com Website or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of Epistimo.com Website without Epistimo.com Website’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Epistimo.com Website and may not be copied, imitated, or used (in whole or in part) without Epistimo.com Website’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Epistimo.com Website.


Procedure for Making Claims of Infringement

Epistimo.com Website respects the intellectual property rights of others. Accordingly, Epistimo.com Website has a policy of removing User Submissions that violate copyright law, suspending access to the Epistimo.com Website (or any portion thereof) to any user who uses the Epistimo.com Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Epistimo.com Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Epistimo.com Website, please provide written notice to the following Epistimo.com Website agent for notice of claims of infringement:


Epistimo Social Network
Email: epistimo1@gmail.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Epistimo.com Website to locate that material; (d) contain adequate information by which Epistimo.com Website can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.


International and Export Issues

Epistimo.com Website makes no representation that the Epistimo.com Website is appropriate or available for use from territories where its contents are illegal or restricted or prohibited. If you choose to access the Epistimo.com Website from such territories, you do so on your own initiative and are responsible for compliance with applicable Laws.


Indemnification

You agree to indemnify, defend, and hold harmless the Epistimo.com Website Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Use. Epistimo.com Website reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Epistimo.com Website’s defense of such claim.


Electronic Communications

When you visit the Site or send e-mails to Epistimo.com Website, you are communicating with Epistimo.com Website electronically. Epistimo.com Website may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Epistimo.com Website provides to you electronically satisfy any legal requirement that such communications be in writing.


General

These Terms of Use constitute the entire and exclusive and final statement of the agreement between you and Epistimo.com Website with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Epistimo.com Website with respect to such subject matter. The failure of Epistimo.com Website to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Epistimo.com Website and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding any termination of your use of the Epistimo.com Website. These Terms of Use will be interpreted without application of any strict construction in favor of or against you or Epistimo.com Website. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Epistimo.com Website without restriction.


Modifications to these Terms of Use

Epistimo.com Website may, in its sole and absolute discretion, change these Terms of Use from time to time. Epistimo.com Website will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Epistimo.com Website. Continued use of the Epistimo.com Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of the Epistimo.com Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms of Use and to supersede the provision(s) of these Terms of Use that are designated as being superseded.