Terms & Conditions
- SCOPE OF AGREEMENT
Please note: EpiX does not verify the accuracy of the information submitted by users. You acknowledge and agree that your access and use of all content made available on the Site are at your own risk.
- GRANT OF LICENSE
EpiX hereby grants to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site solely for your direct use and not for sale, republication, distribution, or aggregation, conditioned on your continued compliance with all provisions of this Agreement (including without limitation any external terms and documentation linked or referenced herein).
When using the Site under the foregoing license, you shall not directly or indirectly (a) use the Site to create, supplement, or compile data for any service, website, application, or documentation that performs substantially the same functionality as the Site, (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any underlying code, algorithms, or trade secrets of the Site, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Site in any service or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of or otherwise modify the EpiX Content, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, or (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site.
- USER OBLIGATIONS
You represent that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), or authority to provide) when submitting information to the Site. In addition, you are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the Site. If you access the Site on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this Agreement on behalf of yourself and your organization.
- INFORMATION AND PASSWORDS
In general, we do not require registration to use the information contained on our Site. However, at some point in the future, You may be required to register an account to use the Site or certain features of the Site. Each registration is for a single user only, unless otherwise expressly agreed by EpiX. You hereby agree to treat your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of EpiX, which may be withheld in its sole discretion. You shall immediately notify EpiX if you suspect or become aware of any loss, theft, or unauthorized use of your login credentials. EpiX will not be liable for any loss or damage arising from your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form on the Site, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. EpiX reserves the right to suspend, terminate, or otherwise discontinue your account and/or pending registration if EpiX has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the Site is in violation of applicable law or this Agreement.
- USER SUBMISSIONS
Certain features of the Site may permit you to upload or submit User Content. “User Content” includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, complaints, compilations, messages, or information that is publicly displayed by you. EpiX asks users who submit User Content to affirm that any information in the content is accurate, but EpiX does not verify the accuracy of the information submitted by users.
By submitting User Content to any part of the Site, you represent and warrant that:
* You are the sole author and owner of any intellectual property protected User Content you submit; and
* You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions. EpiX shall not be subject to any obligations of confidentiality regarding User Content except as otherwise expressly agreed by EpiX in a separate written agreement.
- DATA PRIVACY
- INTELLECTUAL PROPERTY
EpiX retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any software, text, graphics,
logos, buttons, icons, images, and audio clips which belongs to EpiX (“EpiX Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by EpiX other than those limited license rights specifically and expressly granted herein, and nothing in this Agreement shall be construed as any grant of right or permission to use or display EpiX’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”) for any purpose.
Example code or example models provided on this Site are provided via the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International. See,
https://creativecommons.org/licenses/by-nc-sa/4.0/. You agree that any continued use of those models will be in accordance with the terms set forth therein.
You have no rights in or to such EpiX Content or Trademarks and you will not use any EpiX Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the EpiX Content or Trademarks which is not specifically permitted under this Agreement. Unless otherwise specifically set forth herein or on the Site or unless written consent is provided, you may only use and access, download and copy the EpiX Content for your personal, non-commercial use, and you agree not to and shall not reverse engineer any EpiX Content or downloadable computer program for any commercial purpose, including in Your marketing for products or services. You agree not to copy, distribute, re-publish, display, or create derivative works from the EpiX Contents for any reason.
You further agree not to erase or otherwise obscure our copyright, trademark, proprietary or other notices on the EpiX Content or Site. You acknowledge and agree that the EpiX Content is made available for informational and educational purposes only. The accuracy of EpiX Content is not guaranteed, is provided AS IS and EpiX makes no representation or warranty of any kind and hereby disclaims any responsibility or liability for any loss or damage incurred as a result of the use of any EpiX Content.
- THIRD-PARTY MATERIALS
Certain services, features, or components made available via the Site are delivered by third-party providers. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that EpiX may share information and data that you submit or upload to the Site with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality.
EPIX EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT EPIX SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY.
- NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT
To notify EpiX of alleged copyright or trademark infringement on the Site, in accordance with 17 U.S.C. §512(C)(3), you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EpiX to locate the material;
- Information reasonably sufficient to permit EpiX to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
- All Notifications of Claimed Copyright Infringement should be sent to our designated agent at Legal@epixanalytics.com.
Upon receipt of the above information, EpiX will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial, or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.
- DISCLAIMER OF WARRANTY
EPIX DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE. THE SITE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. EPIX DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPIX DOES NOT WARRANT THAT THE SITE ARE ERROR-FREE, OR THAT THE SITE WILL OPERATE ACCORDING TO YOUR EXPECTATIONS OR REQUIREMENTS. IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OR EXCLUSION OF ANY OF THE FOREGOING WARRANTIES, SAID WARRANTIES SHALL BE CONSIDERED
EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless EpiX and its respective officers, directors, employees, agents, independent contractors or licensors from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by them in connection with any claim by a third party (including any intellectual property infringement claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party’s use of such material that you access using the Site and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. EpiX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of EpiX.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EPIX BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES OF ANY KIND ARISING FROM OR RELATING IN ANY WAY TO (I) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED IN THE SITE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; AND (III) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TERM, TERMINATION, AND SUSPENSION
This Agreement takes effect (or re-takes effect) at the moment you first access or use the Site. This Agreement terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this Agreement at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the Agreement to you. Upon termination or expiration of the Site for any reason, all licenses granted by EpiX hereunder shall immediately terminate, and you must immediately cease all use of the Site. The provisions of this Agreement concerning EpiX’s proprietary rights, the licenses and permissions to User Content, disclaimers of warranty, limitations of liability,
waiver and severability, indemnification rights, injunctive relief, and choice of law will survive the termination of this Agreement for any reason.
EpiX reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others. EpiX may immediately suspend access to the Site and remove and discard any User Content you submitted to the Site for any reason if EpiX believes you have violated or acted inconsistently with the terms of this Agreement. EpiX will not be liable to you or any third-party for termination of your access to the Site.
Failure by EpiX to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
- CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the Colorado, U.S.A., without regard to its conflict of laws rules. You agree that you will notify EpiX in writing of any claim or dispute concerning or relating to your use of the Site and give EpiX a reasonable period of time to address it before bringing any legal action, either individually or as a class member against EpiX. You agree to submit
exclusively to the personal jurisdiction of the state and federal courts located in Colorado. 17. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
EpiX reserves the right to modify this Agreement at any time, with or without notice to you, by posting an updated version of this Agreement to the Site. Thus, you should check the Agreement periodically for changes. You agree that EpiX will not be liable to you or any third party for any modifications to the Agreement.
- ELECTRONIC COMMUNICATIONS
EpiX may send emails or other electronic messages to you concerning your use of the Site, including without limitation by providing alerts or notifications within the Site. You consent to receive such electronic communications and you agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.