TERMS AND CONDITIONS OF USE - EpicStreams

Last updated: October 3, 2008

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This www.epicstreams.com web site ("Site") is operated by Photimark Ltd ("ESS"). By using or accessing this Site, you signify your agreement to these terms and conditions of use ("Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not use this Site! These Terms and Conditions do not apply to products and services offered by ESS that require a password or log-in to access. Such products or services are subject to their own terms and conditions which you can review prior to accessing the products or services. ESS may revise and update these Terms and Conditions at anytime and will post any updated or revised version by revising this document. Your continued usage of the Site will mean you accept those changes. ESS encourages you to review these Terms and Conditions whenever you visit the Site. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with ESS or any of its affiliates. If you would like to print these Terms and Conditions, please click the print button on your browser toolbar.

1. NOT INTENDED FOR MINORS

THE EpicStreams WEB SITE CONTAINS CONTENT INTENDED FOR A MATURE (i.e., ADULT) AUDIENCE. THEREFORE, THE SITE IS NOT APPROPRIATE FOR CHILDREN AND INDIVIDUALS UNDER EIGHTEEN (18) YEARS OF AGE. IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER, IMMEDIATELY LEAVE THIS SITE.

You represent and warrant that:

(a) you are an adult, at least 18 years of age (21 years of age where required), and have the legal right to possess sexually explicit material intended for a mature audience in your community;

(b) you will not permit any person(s) under 18 years of age to have access to any of the materials contained on the FreeFace Web Site;

(d) you will stop using the Site immediately if you are in any way offended by material on the Site; and

(e) you understand and agree to abide by the standards and laws of your community.

2. Grant of License; Restrictions of Limited License

Subject to your compliance with all of the provisions in these Terms and Conditions, and in consideration of your promises reflected herein, ESS grants to you a personal, non-exclusive, non-assignable and non-transferable limited license to view the Site from a single computer solely as permitted under these Terms and Conditions.

Unless you have a separate written agreement with ESS authorizing you to do so, you will:

(i) not copy or distribute the software or source code behind the Site to any third party;

(ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site;

(iii) comply with all laws applicable to the Site;

(iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site; and

(v) not remove, alter, or obscure any proprietary notices (including copyright notices) of ESS or its suppliers in any portion of the Site.

3. Use of Material on the Site

(a) Materials. The information, code (including source code, java script code, java code or hyper text markup language), trademarks, service marks, trade dress, artwork, text, video, audio, media files or pictures displayed or contained on the Site (collectively, the "Materials") are either owned by or licensed to ESS, and are protected by copyright, patent, trademark and other laws under both United States and foreign laws. Unless otherwise agreed to by ESS in a separate agreement with you, you may only access, view and use the Materials while viewing the Site for informational purposes. You may not reproduce, print, copy, download, republish, post, transmit or distribute any of the Materials without ESS's express authorization. You may print only one copy of the Materials for personal, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright © 2008 ESS, LTD, All rights reserved" and any other copyright notice originally included with the Materials.

REPRODUCTION OF THE MATERIALS TO ANY OTHER WEB SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF ESS.

You may not attempt to "pass-off" any of the Materials as your own work. Title to the Materials remains with ESS or its licensors. Any use of the Materials not expressly permitted by these Terms and Conditions or a separate agreement with ESS is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to ESS and its licensors.

(b) ESS Marks. ESS owns all rights in the "ESS" and "EpicStreams" trademarks and family of trademarks (collectively, the "ESS Marks"). ESS vigorously protects its intellectual property rights and no license, express or implied, is granted with respect to those marks. Any other trademarks shown on this web site are the property of their respective owners and are not intended to indicate ESS as the source of the goods to which they are attached.

(c) Information Regarding Services. ESS offers information on the Site relating to products and services offered by ESS, including subscription-based access to photographs, text, images, and interactive content. These Terms and Conditions do not apply to such other products and services and do not modify any separate agreement you enter into with ESS regarding the same. You may only access such other products and services pursuant to a written agreement entered into between you and ESS which will fully and exclusively govern the terms and conditions of such products or services.

4. Membership pricing & terms

4.1 You are responsible for paying the periodic subscription fees according to the then-current billing terms. Charges are in EURO or USD depending on your local currency. Membership options and the terms of billing are clearly noted on the page where you enter your credit card or payment information.
A special offer of a limited 1-day trial membership for zero (0.00), in your local currency for European & US customers, which will automatically renew to a monthly price of thirty nine ninety five (39.95), in your local currency for European & US customers, unless cancelled before the end of the trial period. The monthly membership will renew, for your convenience, every 30 days, unless cancellation notice is received prior to renewal.
Regular monthly memberships are thirty nine ninety five (39.95) in your local currency for European & US customers, and will automatically renew every 30 days unless cancelled prior to renewal.

4.2 The maximum Term of this agreement is 100 months. Unless and until this agreement is cancelled in accordance with the terms hereof, you authorize the company to charge your credit card to pay for the ongoing cost of membership.

4.3 You hereby further authorize the company to charge your credit card for any and all purchases of products, services and entertainment provided by the site. You are only allowed to have one membership per website at a time.

4.4 Credits purchased for premium model chat will expire in 90 days if not used.

4.5 Cancellation requests should be done BEFORE THE END OF THE BILLING TERM through the billing support site at: http://www.epicstreams.com/support/contact-us

5. Sites Linked from the Site

Sites linked from the Site are not under ESS's control, and ESS does not endorse or assume any responsibility or liability for any communications or materials available at such linked sites, sites framed within the Site or third party advertisements, and does not make any representations regarding their content or accuracy. ESS does not intend links on the Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

6. Disclaimer of Warranty and Limitation of Liability

(a) ESS Defined. For purposes of this section, "ESS" shall include ESS, LTD, and its members, attorneys, divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.

(b) Disclaimer of Warranty. You acknowledge that the various information, data, messages, directions, computer programs, pictures, audio/visual works and other Materials published on the Site are for informational purposes only, and such content does not create any guarantees, representations or warranties by ESS. You further expressly acknowledge and agree that your use of the Materials is at your own risk.

YOU UNDERSTAND AND AGREE THAT THE SITE AND THE MATERIALS THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, ESS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ESS NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT

(i) THAT THE SITE AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE;

(ii) THAT THE SITE AND MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE;

(iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES;

(iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE;

(v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(vi) THAT THE SOFTWARE BEHIND THE SITE IS NONINFRINGING. ESS AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE ESS AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, SITE, AND THE MATERIALS THERIN, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF ESS OR ITS AFFILIATES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

(c) Limitation of Liability. IN NO EVENT SHALL ESS OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF

(i) USE OF THE SITE OR MATERIALS BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SITE,

(ii) ANY USE OR INABILITY TO USE THE SITE OR MATERIALS FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR

(iii) ANY GOODS OR SERVICE DISCUSSED, ADVERTISED PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

7. Indemnity

You agree to defend, indemnify and hold ESS, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

8. Termination

Your rights under these Terms and Conditions terminate automatically if you fail to comply with any term herein. No notice is required from ESS to effectuate such termination. Additionally, ESS may terminate these Terms and Conditions at any time and for any reason and may affect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Site and the materials therein.

9. General

ESS is based in the United Kingdom. ESS makes no claims that the Materials are appropriate or may be downloaded outside of the United Kingdom. Access to the Materials may not be legal by certain persons or in certain countries.

10. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with ESS, or in any way relating to your use of the Site, resides in the courts of the United Kingdom and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the United Kingdom in connection with any such dispute including any claim involving ESS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree to not bring any lawsuit relating to these Terms and Conditions or the Site except in the United Kingdom. These Terms and Conditions are governed by the internal substantive laws of the United Kingdom. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Feedback and Materials

Any comments or materials sent to ESS (via any medium including e-mail and regular mail) including feedback data, such as questions, comments, suggestions, or the like regarding the Materials, the Site, any other products or programs of ESS (collectively "Feedback"), shall be deemed to be non-confidential. ESS shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, ESS shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. ESS may, from time to time, reprint or display (or otherwise use) any Feedback regarding any ESS products or services. However, ESS will not disclose any of your personal information (such as name or e-mail address) in connection with its use of the Feedback without first obtaining your consent.

12. Privacy Statement

ESS has posted a privacy policy in order to disclose to you the information gathering and dissemination practices for the Site. Please read that policy in order to learn about our privacy policies and practices.

13. Infringement Notification

If you believe that any Material available through the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another web site that contains material that you own or control, contact Electronic Stream Systems Ltd. - 14 Roman Way, Burnham on Crouch, Essex CM0 8UE, United Kingdom or by email at support@epicstreams.com.

14. Complete Agreement

These Terms and Conditions constitute the entire agreement between you and ESS with respect to the use of the Site. Any rights not expressly granted herein are reserved. Thank you for your cooperation. Questions or comments regarding this Site should be directed by electronic mail to support@epicstreams.com or via mail to Electronic Stream Systems Ltd. - 14 Roman Way , Burnham on Crouch, Essex CM0 8UE, United Kingdom.

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TERMS AND CONDITIONS OF USE - EpicStreams