Please read these terms of service (this “Agreement”) carefully before using this Website, or any other EPIC Radio Inc. product or service:
Introduction; General; Ownership; Prohibitions
Use of this Web Site and those of other EPIC Radio Inc.-related entities (collectively, this “Web Site”) and all products and services provided and/or distributed (whether via this Web Site or elsewhere) by EPIC Radio Inc. (“EPIC”) are subject to this Agreement. References to this Web Site and all materials contained in this Web Site and/or otherwise accessible via other EPIC-controlled products or services or EPIC-operated interactive media locations will be referred to herein collectively as the “EPIC Properties” and individually as an “EPIC Property.”
By using this Web Site or the other EPIC Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the EPIC Properties.
Except for Submitted Content (defined below), the EPIC Properties are either owned by or licensed to EPIC. The applicable owners and licensors retain all rights to the EPIC Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the EPIC Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the EPIC Properties without first obtaining the written permission of EPIC or otherwise as expressly set forth in the terms and conditions of the EPIC Properties. The EPIC Properties must not be used in any unauthorized manner.
You must not use the EPIC Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of EPIC or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Web Site or the other EPIC Properties, imposes an unreasonable or disproportionately large load on this Web Site’s or the other EPIC Properties’ infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Web Site or the other EPIC Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects EPIC business or is otherwise objectionable in EPIC’s sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another’s information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Web Site or the other EPIC Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of any Community Features (defined below).
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press (“AP”) (collectively, the “Third Party Materials”), contained on or incorporated in the EPIC Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Web Site user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
EPIC and its third-party providers (“Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although EPIC and its Vendors reserve the right to do so, and neither EPIC nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and EPIC or between you and EPIC’s Vendors other than as expressly set forth in this Agreement. You acknowledge that EPIC is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to EPIC under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If EPIC determines, in EPIC’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, EPIC reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Web Site, the Community Features and/or the other EPIC Properties; and/or (d) use any technological, legal, operational or other means available to EPIC to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Web Site, the Community Features or on the other EPIC Properties.
You are solely responsible for your interactions with other users of the EPIC Properties.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to EPIC a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
Special Terms and Conditions Applicable to Sales
WeAreEPIC.org may allow you to order products supplied by independent merchandise Vendors. Products purchased via WeAreEPIC.org are collectively referred to herein as “Merchandise.” Via certain EPIC Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, “Services”). In addition, you can buy EPIC products and services from locations other than this Web Site or the other EPIC Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party Web Sites, etc.) (collectively, “Third Party Sales Locations”).
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. EPIC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE EPIC PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
The Services and all other products offered via the EPIC Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
EPIC reserves the right to modify the price of any Merchandise, Services or any other products offered via the EPIC Properties. EPIC is not responsible for any error in copy or images relating to Merchandise, Services or any other products offered via the EPIC Properties. Any offer to sell any Merchandise, Services or any other products offered via the EPIC Properties, may be discontinued at any time in EPIC’s sole discretion.
With respect to Merchandise offered and/or sold via WeAreEPIC.org, we cannot confirm the price or availability of an item until you order; however, we do NOT charge your credit or debit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received).
The Services and any other applicable products offered via the EPIC Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. Should you have any questions about the purchase of Merchandise or Services via the EPIC Properties, please call EPIC Radio Inc at 208-991-2311 and leave a message.
By purchasing any Merchandise, Services or any other products offered via the EPIC Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of EPIC or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a “Vendor.”
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the EPIC Properties, you authorize EPIC to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services’ purchase path(s). In the event that EPIC is unable to process charges to your primary credit or debit card on such periodic basis or in such amount, you authorize EPIC to charge an alternative card saved in the Payment Profile section of your WeAreEPIC.org account.
If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, EPIC recommends that you update it as soon as possible. Please also be aware, EPIC may acquire this current information from our financial services partner and update the Payment Profile section of your WeAreEPIC.org account to include such revised payment information.
For certain purchases of Merchandise or Services made via the EPIC and/or Vendor-operated EPIC Properties, EPIC is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the EPIC Properties are not exempt from sales or use taxes simply because they are made from the Internet or because EPIC is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by EPIC and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the Web Site of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by EPIC in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the EPIC Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission Web Site, http://www.tax.ok.gov.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the EPIC Properties may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue Web Site, http://www.state.sd.us/drr.
By accepting this Agreement, you agree that EPIC may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with EPIC and by publishing such notices from time to time on the informational page(s) of the EPIC Properties applicable to the Services. It is your responsibility to notify EPIC of any change in your e-mail address by logging in to the applicable EPIC Property and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Programming, pricing, terms and conditions of Services and other products offered via the EPIC Properties are subject to availability and change. Certain Services and other products offered via this Web Site and/or other EPIC Properties may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such Services, other products and/or EPIC Properties to determine the policies applicable for such other EPIC Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, other product or EPIC Property, the terms and conditions of the applicable Service, other product or EPIC Property will govern.
Votes; Contests; Sweepstakes
This Web Site and other EPIC Properties may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on this Web Site and/or the other applicable EPIC Properties applicable to the event as well as the terms of this Agreement.
This Web Site and the other EPIC Properties may contain links and pointers to other World Wide Web Sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Web Site and/or EPIC Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other Web Sites or locations maintained by third parties, do not constitute an endorsement by EPIC or any other MLB Entity of any such third party Web Site or content. EPIC is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the Web Site administrator or Webmaster of the applicable third-party Web Site or location.
Disclaimer of Warranties
USE OF THIS Web Site, ALL OTHER EPIC PROPERTIES AND THE PRODUCTS, MERCHANDISE AND SERVICES, INCLUDED HEREIN AND THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY EPIC AND/OR THE APPLICABLE VENDOR, THIS Web Site, THE OTHER EPIC PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EPIC DOES NOT WARRANT THAT: (1) THIS Web Site, THE OTHER EPIC PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS Web Site, THE OTHER EPIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS Web Site, THE OTHER EPIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS Web Site, THE OTHER EPIC PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
Limitations on Liability
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE EPIC PROPERTIES OR ANY ACT OR FAILURE TO ACT BY EPIC OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS Web Site. IN NO EVENT SHALL EPIC BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
IN NO EVENT SHALL EPIC, ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS Web Site OR OTHER EPIC PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF EPIC IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF EPIC OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS Web Site, THE MERCHANDISE, THE SERVICES OR THE OTHER EPIC PROPERTIES IS $50.
IN NO EVENT SHALL EPIC OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS Web Site OR THE OTHER EPIC PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold EPIC harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of this Web Site, the other EPIC Properties, the products, Merchandise, Tickets and/or Services purchased via this Web Site or the other EPIC Properties; or (B) any alleged breach of this Agreement by you.
EPIC may change, suspend or discontinue any aspect of this Web Site or the other EPIC Properties at any time, including the availability of any product, Merchandise offering, Ticket offering, Service, feature, database or content. EPIC may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the EPIC Properties without notice or liability at any time in EPIC’s exclusive discretion, without prejudice to any legal or equitable remedies available to EPIC, for any reason or purpose, including, but not limited to, conduct that EPIC believes violates this Agreement or other policies or guidelines posted on this Web Site or via other EPIC Properties or conduct which EPIC believes is harmful to other customers, to EPIC’s business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by EPIC in its sole discretion. In addition and without prejudice to any other remedy available to EPIC, EPIC may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by EPIC in the EPIC Properties.
Choice of Law
Except for the arbitration undertaking hereinmentioned below, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina applicable to contracts entered into and performed exclusively in that State.
Arbitration; Consent to Jurisdiction; Attorneys’ Fees
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Web Site (including all commercial transactions conducted through the Web Site) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable.
In agreeing to arbitrate all Claims, you and EPIC waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Wake County, North Carolina, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
The arbitrator shall have authority to award legal and equitable relief available in the courts of the State of North Carolina, provided that (i) the Arbitrator shall not have authority to award punitive damages; and (ii) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and EPIC agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Wake County, North Carolina (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and EPIC waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Agreement, or initiates a proceeding involving a Claim under this Agreement other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. EPIC in its sole discretion may amend this Agreement, and your use of this Web Site or the other EPIC Properties after such amendment is posted on this Web Site will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THIS Web Site AND/OR THE OTHER EPIC PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Web Site and/or the other EPIC Properties. EPIC may change the terms of this Agreement at any time, and your use of this Web Site and/or the other EPIC Properties after such changes are posted will mean that you accept them.
Notice for California Consumers
Under California Civil Code Section 1789.3, California users of this Web Site and the other EPIC Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.