Epic Brands Terms of Service
Acceptance of terms
These Terms of Service (this “Agreement”) between Epic Brands, SAS (“we”, “us” or “Epic Brands”) and you govern your access and use of our marketing platform available through www.epicbrands.co (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any way, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices in Colombia. We do not guarantee that the materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from locations outside of Colombia are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. If you continue to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We recommend that you check the “Terms of Service” link on the home page each time you visit this Site, so that you are aware of updates.
3.1 Subject to your compliance with this Agreement, as well as your subscription to an applicable plan and our timely receipt of your associated payments, we will make the corresponding Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without prior notice.
3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about yourself as requested by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete; (iii) maintain the security of any password and identifying information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for each and every one of the activities carried out on your account. Each person using any Service must have a separate username and password. You must provide a valid email address for each person you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3 You are responsible for obtaining and maintaining all telecommunications, broadband and computing equipment and services necessary to access and use the Services and for paying all related charges.
3.4 We may terminate your account without prior notice or liability to you, if we determine, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not aligned with our model; (iii) share usernames or passwords; (iv) violate our core values; or (v) you are abusing our services or equipment in any way, including using our services for illegal purposes.
3.5 “Licensed Content” means content that we own or are licensed to us, including illustrations, stock photos, audio, typography, video, marketing, code, and writing. While you are and will be the sole and exclusive owner of all rights, titles and interests in and to your marketing project, the licensed content incorporated into your marketing project is subject to the license described in section 4 below. You are not granted rights other than those expressly established in this document. You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable and sublicensable right and license to commercially exploit in any way any comments, suggestions or recommendations that you provide to us.
3.6 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services to monitor their availability, performance, or functionality for competitive purposes. You may not, and may not, allow a third party to: (a) reverse engineer (except to the extent specifically permitted by legal law), decompile, disassemble, or attempt to discover the source code, object code, or underlying structures, ideas, or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than your own internal purposes; or (d) use the Services in a manner other than as set forth in the Agreement and in accordance with all applicable laws and regulations (including, but not limited to, applicable privacy and intellectual property laws).
Use of the services
4.1 You may use the Services for any number of projects and scope that you have and that you have subscribed to under the applicable plan and as appropriate based on your account size. While we accept unlimited requests and reviews, our output volume is dependent on many factors, that is, based on total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest that you do not use our Services for urgent projects.
4.2 We do our best to minimize any errors. However, due to the nature of creativity, we cannot guarantee that all submitted files will be 100% error free. When we deliver a file to you, you agree to review and check all files for errors or omissions and notify us if changes or corrections are necessary within seven (7) days of receipt. We will do our best to expedite edits to correct any errors that you notify us about during this time period. If you notify us of any errors after that period of time, we are not required to do so, but we intend to try to work with you to make corrections.
4.3 The speed of your account is determined by the number of subscriptions you have. A subscription is a measure of production and represents what we can achieve in one business day, with our equipment, our software and our marketing platform. What we can create with a single subscription depends on many factors, including but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of the requests. We do not guarantee the amount of work we can create with a single subscription. To increase the volume of work that we can complete in one business day, we suggest that you add subscriptions to your account.
4.4 You are the owner and / or controller of all your information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you represent that you are the owner of such Customer Content and / or have the necessary rights, licenses and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.
4.5 You are, and will be, the sole and exclusive owner of all rights, titles and interests in and to the deliverables, including all applicable intellectual property rights. We agree that with respect to any deliverable that may qualify as “contract work” as defined in 17 U.S.C. §101, such deliverables are considered “commissioned work” for you. To the extent that the deliverables do not constitute “commissioned work”, we irrevocably assign to you all worldwide rights, titles and interests in the deliverables, including all applicable intellectual property rights. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due, and the terms of Sections 4.6 and 5 below.
4.6 In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will continue to be, the sole and exclusive owners of all rights, titles and interests in any pre-existing material. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable worldwide license to use, display, and distribute any pre-existing material to the extent that it is incorporated, combined, or necessary for the use of the Services or deliverables. We expressly reserve all other rights in such pre-existing materials.
4.7 Epic Brands does not endorse and will not tolerate that its Service is used to discriminate against others, especially when it is based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a way that would incite or likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend. your access to the Service, without prior notice and liability for any reason.
Use of stock services
5.1 Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license to Content licensed for your personal use or use. professional, including but not limited to use in your own marketing project. Except as expressly permitted by us, you agree not to store, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, extract data, or modify, directly or indirectly, any Licensed Content available through Premium. Stock Service.
5.2 To the extent that we license the Licensed Content from any third party, including but not limited to Adobe Stock, you agree to comply with the applicable third party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest, or transfer any part of your rights to use the Licensed Content other than a marketing product prepared by us or as part of a marketing product for your personal use; (ii) change, alter, adapt, translate, convert, modify or make derivative works of any Licensed Content; (iii) falsely state that you are the original creator of any Licensed Content; (iv) use the Licensed Content in a pornographic, defamatory or otherwise illegal manner; (vi) use the Licensed Content in any way that enables others to download, extract, or redistribute the Licensed Content as a separate file or work. (vii) using Licensed Content that features patterns or properties in relation to a topic that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must state: (1) that the content is used solely for illustrative purposes, and (2) any person depicted in the content is a model.
5.3 Our licensors and we retain ownership of the Licensed Content licensed from them, whether it is downloaded through our Archiving Services or incorporated into their marketing product. We reserve the right to terminate, revoke or withdraw all licenses if you fail to comply with the provisions of this Agreement. In the event of any termination, you will no longer have the right to use the Licensed Content, which may include the Licensed Content that we have included in your marketing product.
5.4 Epic Brands does not endorse or tolerate its Service being used to discriminate against others, especially when it is based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a way that would incite or likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend. your access to the Service, without prior notice and liability for any reason.
6.1 The use of our Services requires the payment of recurring fees. Before we are required to provide Services, you must pay the fees (as well as applicable taxes) in full, in the amounts and for the billing frequency specified during registration, as updated (prospectively, not retroactively) for you from time to time time. You agree that, by registering for the Services, you authorize us to charge your payment method (for example, credit card) the applicable fees and taxes from your registration date based on your chosen billing frequency (for example, monthly, quarterly , annual). Overdue charges will accrue interest on a monthly basis at a rate of 1.5% of the balance pending payment at that time, or the maximum rate allowed by law, whichever is lower. We reserve the right to cancel your account in the event of non-payment of amounts owed. All amounts owed under this Agreement are non-cancellable or non-refundable, except as specifically provided in this Section 6.
6.2 We reserve the right to change our rates 15 days in advance for which prior notice will be given to the users of the page. By continuing to use the Services, you agree to those changes. We are not required to notify you of temporary promotions or rate reductions.
6.3 We hope you are satisfied with our Services. If, for any reason, you are not, you may unsubscribe from us at any time as your sole remedy. Upon cancellation, you will continue to have access to the Services and your marketing files until the end of your current paid billing period. Once the billing term ends after cancellation, you will no longer have access to the Services and may lose access to your marketing files through the Site.
6.4 You can ask us for a refund if you cancel your subscription: (i) within 10 calendar days after the subscription. After this 10 day period, we will not issue a refund. From time to time, we may reject a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. Promotions, upgrades, and adjustments to existing plans are non-refundable.
7.1 For the purposes of this Agreement, the term “Confidential Information” means private or non-public information, including, without limitation, information related to current or future business, products and services, research, images, development, details and marketing specifications, and marketing plans.
7.2 During the course of our relationship, you may disclose your Confidential Information to us. We agree to maintain confidentiality and not disclose your Confidential Information to any third party, except as approved or directed in writing, and we will use your Confidential Information for any purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives, and agents who are involved in providing Services to you. We will be liable to you for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents.
7.3 During the course of our relationship, we may disclose our Confidential Information to you in a similar manner. You agree to maintain confidentiality and not to disclose our Confidential Information to any third party, except as approved or directed in writing by us, and you will use our Confidential Information for any purpose except as permitted by this Agreement. You will limit access to our Confidential Information only to those employees, officers, directors, contractors, representatives and agents to whom it is necessary to disclose our Confidential Information. You will be liable to you for any breach of this provision by your employees, officers, directors, contractors, representatives, and agents.
7.4 Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in legitimate possession of one of the parties at the time of disclosure; (c) information that is independently developed by a party without violating this Agreement; or (d) information that is disclosed to a party, without restriction, from a third party source that does not directly or indirectly imply a breach of this Agreement.
7.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
8.1 You hereby grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use, publish and display any deliverables that we develop in connection with the Services for marketing and advertising purposes (the “Portfolio Rights License “). You can revoke the Portfolio Rights License at any time by sending written notice to email@example.com. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes; however, your deliverables may continue to exist elsewhere online, such as when the deliverables have been used by others in accordance with the Portfolio Rights License.
Duration and termination
9.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement that by their nature should survive termination will survive termination, including but not limited to accrued payment rights, confidentiality obligations, warranty disclaimers, and limitations of liability.
9.2 We may terminate this Agreement at any time by notice if you breach or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement related to such Service will terminate immediately, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any license to the Licensed Content will be terminated.
Disclaimer of warranties
10.1 We represent and warrant that you will receive a good and valid title license for all deliverables, free and free of encumbrances and encumbrances of any kind, except Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions. . EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 9.1, THE SITE AND SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF PROPERTY, OR INTELLECTUAL INFRINGEMENT. WHETHER ORAL OR WRITTEN, WHETHER DERIVED FROM LAW, COURSE OF NEGOTIATION, COURSE OF PERFORMANCE, USE, COMMERCE OR OTHERWISE.
11.1 WE WILL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF OTHERWISE OF WRITING, OTHERWISE OF WRONGING MODE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12.1 YOU AGREE TO DEFEND, INDEMNIFY AND RESPECT US FROM AND AGAINST ANY CLAIM, LIABILITY, DAMAGE, LOSS, AND EXPENSE, INCLUDING, WITHOUT LIMITATION, LAWYER’S REASONABLE FEES AND COSTS, ARISING FROM THE USE OF ANY FORM OR ANY CONTENT OF SERVICES DELIVERABLE. YOU WILL COOPERATE AS REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNITY FROM YOU, AND YOU WILL, IN NO EVENT, REQUEST ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
Links to third party platforms
13.1 If this Site is available through any third party platform, or if we provide links from this Site to any third party platform, we do not accept responsibility for the content or practices of such third parties.
Digital Millennium Copyright Act
14.1 We take claims of copyright infringement very seriously. We will respond to notices of suspected copyright infringement that comply with applicable law. If you believe that any material accessible on or from this Site infringes your copyrights, you may request the removal of those materials from this Site by sending written notice to our marketed agent below.
14.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) (“DMCA”), the written notice (the “DMCA Notice “) must include substantially the following: (1) your or electronic signature; (2) Identification of the copyrighted work that you believe has been infringed or, if the claim involves multiple works on this Site, a representative list of those works; (iii) Identifying the material that you believe is infringing in a way that is precise enough to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
14.3 Our agent marketed to receive DMCA Notices is:
Cra 4 # 26 -65, int 5 apt 302
Dispute resolution and choice of forum
15.1 This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without regard to any choice of law, conflict of law, or other principles that result in the application of the laws or regulations of any other jurisdiction. . Any legal action, claim or proceeding related to or arising out of this Agreement will be brought in a state or federal court of competent jurisdiction in Maricopa County, Arizona. The parties agree to submit to the exclusive jurisdiction of, and agree that the place is appropriate in these courts in any legal action or proceeding.
15.2 If no court in Maricopa County, Arizona is found to have jurisdiction, the parties will adjudicate any dispute arising out of or relating to this Agreement through binding arbitration administered by the International Center for Dispute Resolution in Phoenix, Arizona in accordance with its Arbitration Rules. All aspects of the arbitration procedure and any ruling, decision or award of the arbitrator will be strictly confidential for the benefit of all parties.
15.3 THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLAIMANT OR MEMBER OF THE COLLECTION IN ANY KIND OR REPRESENTATIVE ACTION OR INTENDED PROCEDURE.
16.1 This Agreement and the rights and obligations contained herein are personal to you, and you may not assign or transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or shares.
17.1 If one or more of the provisions of this Agreement are for any reason considered invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected and will remain in full force and effect. and the invalid, illegal, or unenforceable provisions will be replaced by a valid, legal, and enforceable provision or provisions that more closely approximate the intent of the parties underlying the invalid, illegal, or unenforceable provisions.
Does not resign
18.1 The fact that either party does not exercise in any respect any right provided in this document will not be considered a waiver of any other right under this document. A waiver by either party of any term or condition of this Agreement or any breach, in any event, will not waive such term or condition or any subsequent breach.
19.1 If we are unable to fulfill any obligation under this Agreement due to any matter beyond our reasonable control, including but not limited to a pandemic or widespread infectious disease, government shutdown, lightning, flooding, exceptionally severe weather, fire, explosion, war, civil unrest, industrial / labor disputes (whether or not they involve our employees), governmental acts, loss or problems with telecommunications, utilities or other third party services, and hostile attacks on the network (each one, a “Force Majeure Event”), We will not be liable to you for such failure, provided, however, we immediately resume performance once the circumstances constituting the Force Majeure Event are eliminated.
20.1 If you have entered into a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement will prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior communications and proposals.