This is an agreement (the “Agreement”) between you and Epifany, Inc. (“Epifany” or “we”). Please read the following terms and conditions carefully.
This Agreement constitutes a binding legal agreement between you as a user of the Platform, and Epifany as the provider of the Platform. Your access to and use of the Platform requires your compliance with this Agreement and the Terms.
By downloading the Application, or accessing and/or using any portion of the Platform, you agree to be bound by this Agreement.
Subject to your compliance with the Terms, you may download and install one (1) copy of the Application to your supported device, as well as access and use the Services, solely for your own personal and non-commercial use.
You may not:
copy, modify or distribute the Application for any purpose;
transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else;
reverse-engineer, decompile or create derivative works of the Application or the Services;
make the functionality of the Application or the Services available to multiple users through any means;
use multiple accounts for any single individual user; or
use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Epifany or its licensors.
While we generally try to avoid push notifications and messages, as part of the Services we provide, you may receive occasional push notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services, with the exception of infrequent important service announcements and administrative messages. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
In order to access certain features of the Services, you have to create a file with us (an “Account”). Even if you do not register with a username and/or password, we still need to create an Account for you in order to customize your Application experience and show you more relevant information. To create an Account and participate in the Platform, you must be at least 13 years of age or older at the time of registration. If you are younger than 18 years of age, then you also need to ensure your parent’s consent to your using the Services and redeeming rewards.
If you register, you will be asked to choose a username and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements.
You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
Our goal is to make the Platform as useful and rewarding for you as possible. In order to do that, we need to collect and process information from you when you use the Platform.
As part of providing you the Platform we may need to provide you with certain infrequent service communications, such as non-advertisement service announcements and administrative messages (“Service Communications”). These Service Communications are considered part of the Services and your Account and you will not be able to opt-out from receiving them.
The use of the Services and Applications is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Services at any time. If we begin charging a fee for your continued access to the Services, we will give you at least 15 days prior notice so you can opt out of the Services. If you choose to opt out of the Services, Epifany may revoke any or all points, bonuses and/or other awards in your Account after the prior notice period.
Certain portions of the Platform may allow you to post or upload text, graphics, images, and other content for display or publication through the Services (“Content”). By submitting Content to Epifany, you hereby grant Epifany a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Epifany’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each Business User a non-exclusive license to access or receive Content through or from the Platform and the Services related to that specific Business User, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such Content. Additionally, you hereby grant Epifany and any third-party Business User the non-exclusive right to use your name, likeness, images and biographical information in its discretion in association with your content. Based on your settings, if you publish images or other such content through the Services they may be viewed by and shared with other users, for example, on social networks like Twitter and Facebook.
You agree not to:
submit material that violates anyone else’s proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail;
knowingly publish false or inaccurate information;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements, “pyramid schemes,” chain letters or other solicitations; or
impersonate another person.
Epifany does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with the Terms, and may remove such Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available Content or other materials that are believed to violate the Terms. We also reserve the right to reclaim user accounts on behalf of businesses or individuals that own a legal claim or trademark on the user’s name.
It is Epifany’s policy to terminate your access to the Services if you infringe the copyright rights of others, upon receipt of proper notification to Epifany by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may contact our Copyright Agent at email@example.com
Contests and Sweepstakes
From time to time Epifany may offer contests or sweepstakes that are governed by a separate set of rules (“Rules”). The Rules may include eligibility requirements, additional terms and conditions, information about how your personal information might be used, and other requirements or information. Before you decide to enter one of the contests or sweepstakes, you agree to read the applicable Rules. By participating in a contest or sweepstake, you will be subject to those Rules and you agree to comply with them. Restrictions
The Platform may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Platform, or otherwise “game the system.” You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services.
In addition, you agree not to do any of the following:
use the Services to collect or store personal data about other users without their express permission;
upload, post, email or otherwise transmit any viruses, worms, or other computer code that may interrupt, destroy, limit the functionality of, or interfere with access to the Services in any way;
circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
use any meta tags or other hidden text or metadata utilizing a Epifany name, trademark, URL or product name;
use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages contained in the Services;
attempt to or actually access the Services by any means other than through the Application or other Epifany-provided platforms;
attempt to probe, scan or test the vulnerability of any Epifany system or network, or breach or impair or circumvent any security or authentication measures protecting the Services or the Application;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Services;
use the Services or Application in any way that competes with Epifany;
attempt to or acquire points, bonuses, or any other type of awards other than in a manner consistent with the intended use of the Services;
post any product review on a digital distribution platform for mobile devices (for example, iTunes Store, Android Market, etc.) which includes a referral or promo code for collecting or receiving awards through the Services;
inaccurately represent the value of a referral or promo code award to any individual; or,
encourage or instruct any other individual to do any of the foregoing.
Epifany expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any such prohibited conduct, or based on any material violation of the Terms. You agree to provide your full cooperation and prompt repayment under such circumstances. Epifany shall determine, in its sole discretion, whether you have engaged in prohibited conduct. Epifany’s determination shall be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
Suspension and Termination
You may terminate your Account at any time and for any reason by deleting your account via the Application or by sending Epifany notice via email to firstname.lastname@example.org as described above.
Upon any termination by you, your Account may no longer be accessible. Any termination request will be handled within 30 days of receipt of such a request by Epifany. Any suspension, termination or cancellation will not affect your obligations to Epifany under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach the Terms, at our sole discretion and without prior notice to you. We also reserve the right to terminate the Services or your access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services. Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of the Services or termination of your use of the Services.
Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
The Services and Application are protected by copyright, trademark, and other laws of the United States and foreign countries. Epifany and its licensors exclusively own all right, title and interest in and to the Services and Application, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated into or accompanying the Services or Application. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in the Terms. Any feedback, comments and suggestions you may provide for improvements to the Services or Applications (“Feedback”) will be the sole and exclusive property of Epifany and you hereby irrevocably assign to Epifany all of your right, title, and interest in and to all Feedback.
Your use of the Platform is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Applications will be error-free or that any errors will be corrected. Epifany will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Application or Services.
We are not responsible for:
incorrect or inaccurate transcription of information;
problems related to any of the equipment or software associated with the Services or Application or used by you;
human error outside our reasonable control;
any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or
problems relating to inability to access an Application or the Services.
We disclaim all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you think you have received Push Messages in error or experienced other technical failures, please contact us immediately.
The Services and Application, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
No advice or information, whether oral or written, obtained by you from Epifany, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Epifany, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your violation of the Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
Limitation of Liability
IN NO EVENT WILL Epifany, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Epifany HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Epifany’S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED TWENTY UNITED STATES DOLLARS ($20.00 USD).
In addition, from time to time, various entities may sponsor reward points, offers and other rewards as part of a Service (“Sponsors”). YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST Epifany OR THE SPONSORS RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY SUCH REWARDS, INCLUDING IF REWARDS ARE NOT HONORED BY THE SPONSORS. You agree that Sponsors are third party beneficiaries of this Agreement, and may enforce its provisions directly.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
If you are a business owner, your business may participate in the Services and Platform (as a vendor, rather than a user) by paying the applicable fee to Epifany (becoming a “Business User”). Each Business User is bound by all of the terms of this Agreement. Additionally, as a Business User you further agree not to cancel use of the Service without first providing Epifany with written notice a minimum of thirty (30) days before cancellation. Epifany retains the right to modify or terminate the Services for any Business User at any time for any reason.
As a Business User, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of our online payment services, including the risk of breach in the security of the communications or transactions you conduct with Epifany online. OUR ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. For purposes of identification, payments, and marketing, you agree to provide Epifany with current, accurate, complete, and updated information required for registration and/or online payment, including legal name, address, telephone number(s), and applicable payment data (e.g., credit card or bank account number). You agree to notify Epifany immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with these terms and conditions. By accepting these terms and conditions, you acknowledge that Epifany may initiate an ACH debit or credit card debit to the payment account(s) that you have provided, including a pre-authorization transaction.
As a Business User, you agree to give Epifany a limited and nontransferable license to use your business information (such as your company logo) for purposes of marketing and for providing the Services, both online and in print. In addition, you will release, hold harmless and indemnify Epifany from any and all claims and liabilities relating to your business information, including that such business information infringes on the intellectual property rights of any third party. As a Business User, you receive a non-exclusive license to access or receive Content through or from the Platform and the Services related to and relevant to your business, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such Content. YOU ALSO ACKNOWLEDGE AND AGREE THAT PHOTOS AND CORRESPONDING CAPTIONS POSTED BY USERS ARE MADE TO THOSE USERS’ INDIVIDUAL FACEBOOK WALLS AS WELL AS THE FACEBOOK WALL OF YOUR BUSINESS, AND YOU AGREE THAT Epifany, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT. YOU AGREE TO HOLD HARMLESS Epifany WITH RESPECT TO ANY CONTENT.
Epifany gives each Business User a limited and nontransferable license to use our business information (such as the Epifany logo) for purposes of marketing and promotion, including marketing materials provided by Epifany. Epifany and its licensors exclusively own all right, title and interest in and to the iBeacons (including the data stored and transferred from such iBeacons) provided to a Business User by Epifany. Notwithstanding the foregoing, a Business User is granted a limited license to review and store information and data specifically relating to the business of such Business User. iBeacons will be returned to Epifany by each Business User after the Services are terminated or upon request of Epifany.
The Terms shall be governed by North Carolina law, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be finally settled by arbitration in Wake County, North Carolina. The prevailing party in any arbitration or other proceeding arising under the Terms will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, we have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The Terms are the entire agreement between you and Epifany concerning the Platform, and supersede all prior or contemporaneous communications between you and Epifany with respect to the Platform. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Epifany’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the Platform at any time, or modify the Terms without notice. All modified terms and conditions will be immediately effective as of the date the modified Terns are posted on the Epifany website and will apply to all Accounts and customers enrolled in the Platform. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, terminate or cancel your Account. By continuing to access or use the Application and/or the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes. Customers will be notified by email or in the Application or through other available means if the Platform is suspended or cancelled. Notice of cancellation will also appear on the Epifany website.
If you have any questions about the Terms, please contact us at email@example.com
We hope you will enjoy Epifany’s Platform!
The Platform is not available to individuals who are younger than 13 years old. If you are younger than 18 years of age, then you need to ensure your parent’s consent to your participating in the Platform. You need a unique valid email address to create an Account, and you can only have one Account. Once you have provided the required information and acknowledged compliance with the Terms, you will be enrolled in the Platform and become a customer.
Modifications and Platform Termination
Epifany reserves the right to modify any of the Terms including, but not limited to, the duration of the Platform or any part thereof, or to terminate or temporarily suspend the Platform or any part thereof at any time, for any reason and without notice to you.
Contact the Epifany team at firstname.lastname@example.org