terms

Epic Years Terms of Use

Last updated: 1 July 2015

Please read these Terms of Use ("Terms" or "TOU") carefully before using our site, services, or products.

The Epic Years website (“Epic Years”, “the website”, "we", "us" or "our") is a social networking service for Internet users who are primarily age 40 and older. These Terms of Use (“Terms" or "TOU”), which include the Rules of Conduct and the Epic Years Privacy Policy constitute a binding agreement – and the only agreement – between Epic Years and you governing your use of the website. By accessing or using the services available through our Website or our mobile applications (the "Services"), you agree to be bound by these Terms (which include the Rules of Conduct and the Epic Years Privacy Policy). If you do not agree to these Terms, please do not register for, browse or enter the Epic Years website.

We at Epic Years take these Terms seriously. We believe they are necessary to create a Web atmosphere in which all who come here may feel safe and respected. We may, without notice, suspend or terminate your ability to access the Epic Years website and/or delete your profile and any Member Content or information that you have posted at any time with or without notice and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the spirit of these Terms.

Nothing in this TOU shall be deemed to confer any third-party rights or benefits hereunder.

Modifications to the Terms

Epic Years may also modify these Terms at any time, without notice. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website and Services thereafter. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply. Your continued use of the Epic Years website after any modification will mean you agree to these Terms as modified. If you do not agree to a modification, you should delete your account and/or stop visiting Epic Years immediately.

Registered Users

Eligibility

Epic Years is intended for adults 40 years old and older. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are an adult and that your use of Epic Years shall not violate any applicable law or regulation.

In reference to COPPA - Children's Online Privacy Protection Act: Epic Years does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. Any registration, use of, or access to the Epic Years website by anyone under 13  is unauthorized, unlicensed and in violation of these TOU. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at DOMAIN URL

Information and Representations Provided at Registration and Thereafter

By registering with Epic Years, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form and in all descriptive content you post about yourself. If any of your information changes, you agree to update your registration information as soon as possible.

Information you submit to Epic Years or that we may collect in the course of your use of this Site is governed by the current Epic Years Privacy Policy. The terms of the Privacy Policy are incorporated into these Terms of Service by this reference.

Passwords and Account Security

Visitors to Epic Years may register and become “Registered Members.” As a Registered Member, you have your own profile that identifies you according to privacy settings you control as a member of Epic Years, and have access to community tools (e.g., discussion groups and blogs) and other services in which only Registered Members may participate. Each Registered Member creates a password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the Epic Years website. You agree to immediately notify Epic Years of any unauthorized use of your password or account or any other breach of security. Epic Years cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Content

Site Content

Except for legally posted Member Content, you acknowledge and agree that all content on Epic Years or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the "Site Content"), is the proprietary property of Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission.

Unless you have agreed otherwise in writing with Company, nothing in these Terms gives you a right to use any of Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Member Content

Epic Years does not claim any ownership rights in the ideas, suggestions, opinions, comments and observations made by Registered Members and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”). Rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Member Content and any associated intellectual property rights or other proprietary rights. You acknowledge and agree that you are fully responsible for protecting and enforcing such rights and that Epic Years shall have no obligation to do so on your behalf. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose.

By sending Member Content to Epic Years or posting it on the website, you expressly grant Epic Years a non-exclusive, worldwide, royalty-free, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works from and distribute the Member Content in any form. The rights you grant in this license are for the limited purposes of allowing Epic Years to operate the Services in accordance with their functionality, improve the Services, and develop new Services. You also agree that this license includes the right for Epic Years to make all publicly-posted Content and Member Content available to third parties selected by Epic Years, so that those third parties can syndicate and/or analyze such Content on other media and services. This license is sublicensable (so that Epic Years is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Epic Years website and any other Epic Years services). This license will continue perpetually unless and until you remove your Member Content from the Epic Years website. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that Epic Years may retain archived copies of your Member Content. In addition, nothing is deemed to prevent Epic Years from posting or otherwise using or continuing to use at any time any non-copyrightable material that may have been included in Member Content

Your Use of Content and Information—Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Website. Some of the Content is provided by Epic Years or its suppliers, and other Content is provided by persons who use the Website ("Users"), such as User opinions and views provided via posts to group topics, user blogs, or user profiles. While Epic Years strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Epic Years cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Epic Years or its suppliers, or by Users of the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers and Epic Years approved partners or suppliers, are those of the respective User or other third party and not of Epic Years. Epic Years does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

You understand and agree that Epic Years has no obligation to monitor, pre-screen, review, flag, filter or modify or remove any Member Content that is posted on or available through the Website., but reserves the right to edit, refuse to post, delete or remove (without notice) any Member Content in its sole discretion, including Member Content that in the sole judgment of Epic Years violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

You understand that by using the Services, you may be exposed to Member Content that you may find offensive, indecent or objectionable and that, accordingly, you agree to use the Services at your own risk. In no event shall Epic Years assume or have any responsibility or liability for any posted Member Content, including for any claims, damages or losses resulting from the use and/or appearance of such Member Content on Epic Years. Epic Years reserves the right at all times to disclose any information, as necessary to satisfy any law, regulation or governmental request.

THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EPIC YEARS NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

Limited License

Provided that you are an eligible User as solely determined by Epic Years, Epic Years gives you a limited license to access the Epic Years Sites and Services for the sole purpose of enabling you to use and enjoy the benefit of the Services and the Sites as provided by Epic Years in the manner permitted by these Terms, including to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Any use of Epic Years or the Site Content other than as specifically authorized herein, without the prior written permission of Epic Years, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.

Advertisers or Other Third Parties and Websites

This Site may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Sites or Content"). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through Epic Years or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content.

Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Epic Years of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, is solely at your own risk.

Epic Years does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Epic Years will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Epic Years may offer you the option to connect your account, including portions of your Member Content and activity on Epic Years, with certain third party services such as Facebook, Google+ or Twitter ("Third Party Services"). When you consent to publish your Member Content or activity on Epic Years to any Third Party Services, your information will be viewable by the communities on such Third Party Services. In addition, you may opt to publish your content or activity originating from your accounts with any Third Party Services to Epic Years, and by doing so, you grant Epic Years and others designated by Epic Years permission to use your content on Epic Years or otherwise.

Epic Years Rules of Conduct and Community Guidelines

You agree that you will comply with applicable laws, these Terms, and the Epic Years Rules of Conduct and Community Guidelines provided (See link in footer). Full compliance with Epic Years TOUs is encompassing of your adherence with any applicable laws, as well as these Rules of Conduct and the etiquette set forth in the Epic Years Community Guidelines. We highly recommend you familiarize yourself with this information to ensure an appropriate understanding of what's expected of you as a member of the Website, as well as what you can expect from other members in your experiences within the community.

Rules of Conduct

The following rules of conduct apply to your use of the website and to any and all materials you post on Epic Years, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (“Member Content”) whether the Member Content is included in blogs, Epic Years Groups, private messages, emails, profiles, comments or any other portion or feature of Epic Years.

You may not, in connection with the website:

  • Upload, post, email, transmit, share or otherwise make available any Member Content that         
    • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
    • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
    • could be considered promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
    • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
    • constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
    • constitutes a misrepresentation of facts or hate speech;
    • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • Solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Harvest or collect email addresses or other contact information from other users of the Services or the Site by electronic or other means for the purposes of data harvesting, sending unsolicited emails or other unsolicited communications;
  • Harm minors in any way;
  • Use or create inappropriate screen names or Epic Years Group names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Do anything to prevent the full and complete display of advertisements on Epic Years pages;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use;
  • Allow usage by others in such a way as to violate Epic Years’ TOU;
  • Use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • Upload, post, transmit, share or otherwise make available any material that 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.

Epic Years reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving Epic Years.

You may not, except with Epic Years’ express advance authorization or in a specially designated area (e.g., account settings), use the website to:

  • upload, post, email or otherwise transmit any Member Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial activities within Epic Years (such as by advertising or selling products or services or inducing Registered Members and Visitors to the website to enroll in a promotional or money-making enterprise); or
  • solicit donations for any purpose.

Although Epic Years provides rules of conduct for Members and Users of the website, Epic Years does not control and is not responsible for Members’ and Users’ activities regarding the website. Epic Years assumes no responsibility for monitoring Member Content or conduct that may violate these TOU, including these Rules of Conduct. With regard to any third party rights, Epic Years relies on Members’ representations that they are either the creator of Member Content or have authorization to distribute it. If at any time Epic Years chooses, in its sole discretion, to monitor or investigate any Member Content or conduct, Epic Years nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Member.

Commercial Content and Free Goods

Epic Years may in its sole discretion allow the posting of Member Content that contains a link to free goods or services, but such posting is confined to Epic Years Groups (as defined below) whose manager has approved such postings. However, if you wish to promote a commercial offer on Epic Years, you must receive prior approval from Epic Years. Please contact Epic Years’  at admin@epicyears.com.

Epic Years Groups, Group Managers and Moderators

Registered Members may create and maintain their own “Epic Years Groups” within the website. An “Epic Years Group” consists of Internet-based discussions and other functions that enable participants in the group to communicate with each other.

The Registered Member who creates a Epic Years Group is the “Group Manager.”  The Group Manager can create a group to his/her liking as long as Terms are followed. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Epic Years Group and to report to Epic Years any abuse or violation of these TOU when necessary.

In the Group Manager’s sole discretion, he or she may:

  • decide whether the Epic Years Group is restricted to certain individuals or is accessible to the general public;
  • change the Epic Years Group’s access designation (whether restricted or public) at any time;
  • decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion;
  • delete any Member Content posted to the Epic Years Group; and
  • decide the general focus, atmosphere and any additional rules for the group.

In addition, the Group Manager may invite up to three other members to become Group Moderators.to help monitor the group. The Group Manager may also transfer "ownership" of the group to another Registered Member by contacting  Epic Years with the request for transfer. When the transfer is complete, the New Manager becomes responsible for the group and may replace existing Moderators or make other changes, as wanted.

In response to Registered Member conduct in Epic Years Groups that violates these TOU, Epic Years may take whatever actions deemed necessary for the health of the site including, but not limited to, the following actions:

  • block any participant from the Epic Years Group;
  • change Group Manager or Group Moderator status; or
  • delete an entire Epic Years Group.

User Disputes

You are solely responsible for your interactions with other users of the Site. Epic Years reserves the right, but has no obligation, to monitor or take action regarding disputes between you and other users. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then Epic Years shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, Epic Years may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by Epic Years.

Meetings

Epic Years may offer a platform and/or tools that enable users to organize or schedule face-to-face meetings with one or more other users in public settings, including restaurants, bars and other venues, in different geographic locations ("Meetings"). However, in no way does Epic Years endorse, sponsor, approve, oversee or otherwise control such Meetings, for which users are solely responsible unless otherwise expressly stated in writing by Epic Years. By organizing or participating in any Meetings originating from the website, you understand that such activity is voluntary and solely at your own risk and that Epic Years does not bear any responsibility or liability for the actions of any Epic Years user or third party who organize, participate in or are otherwise involved in any Meetings.

General Practices Regarding Use and Storage

Epic Years may establish general practices and limits concerning use of the website, including, for example, limits on the number of:

  • days that blogs, message board postings or other uploaded content and Member Content will be retained
  • Epic Years Groups to which you may belong
  • files (including graphics, photographs, videos or sound/music files) that may be posted
  • disk space that will be allotted on Epic Years’ servers on your behalf, and
  • times you may access the website in a given period of time (and the maximum duration of your visits to the website).

You agree that Epic Years has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by Epic Years.

Disclaimer of Warranty

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Epic Years EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Epic Years DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Epic Years MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

Epic Years and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. Epic Years reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Epic Years shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Limitation of Liability

EPIC YEARS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Epic Years IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL Epic Years OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Epic Years HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity

You agree to indemnify and hold Epic Years, its parent, subsidiaries, affiliates, and each of their directors, officers, agents, contractors, partners and employees and third-party service providers harmless from and against any claim, demand, damages, cause of action, debt, loss or liability, costs and expenses including reasonable attorneys’ fees and other professional fees, to the extent that such action is based upon, arises out of, or in connection with any Member Content you post or share on or through the Sites, any Third Party Sites or Content, any Third Party Services, your use of the Services or Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of these Terms or of any law or the rights of any third party. This indemnity shall survive the termination of these Terms.

Copyright Infringement

Epic Years respects the intellectual property of others, and we ask our Registered Members and Registered Paying Business Members to do the same. Thus, in your use of and interactions with Epic Years and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Epic Years reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Members who we believe to be infringers.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send notification of such infringement to dmca@epicyears.com

Pursuant to the Digital Millennium Copyright Act, to be effective the notification must be in writing and include all of the following:

(Quoted from Public Law 105-304 (U.S. Code, Title 17, Chapter 5, Section 512)

(i) A physical or electronic signature of a person authorized to act on behalf of the [copyright] owner...
(ii) Identification of the copyrighted work claimed to have been infringed ...
(iii) Identification of the material that is claimed to be infringing ... and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address...
(v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive proper notification of alleged copyright infringement, we will take such action as is appropriate under the Digital Millennium Copyright Act.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Choice of Law

These Terms and the resolution of any dispute related to these Term or the Website shall be governed by and construed in accordance with the laws of Massachusetts without giving effect to any principles of conflicts of law. Any legal action or proceeding between Epic Years and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in Commonwealth of Massachusetts, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Exclusions and Limitations

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 of liability may not apply to you.

Notice

Epic Years may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the website.

No Waiver

Epic Years’ failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Epic Years may at any time choose to take an action that it is permitted or legally entitled to take, even if Epic Years has not taken such an action in the past, in the same or a similar situation.