Terms of Service
Last Updated: October 15, 2023
1. Acceptance of Terms
Welcome to EpicArchives. By accessing and using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you and EpicArchives ("we," "us," or "our") regarding your use of our website, digital archive, and related services (collectively, the "Services").
2. Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. If we make changes, we will provide notice by updating the date at the top of these Terms and by maintaining a current version of the Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
3. User Accounts
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. User Content
Our Services allow you to submit, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to our website.
By submitting User Content to our website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
You represent and warrant that: (i) you own the User Content posted by you or otherwise have the right to grant the license set forth above, (ii) your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, and (iii) your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
5. Intellectual Property
Unless otherwise indicated, our website and its contents (excluding User Content), including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are the property of EpicArchives or its licensors and are protected by Australian and international copyright laws.
All trademarks, service marks, and trade names used on our website are the property of EpicArchives or its licensors, except as otherwise specified. You may not use any of our trademarks, service marks, or trade names without our prior written consent.
6. Prohibited Activities
You agree not to engage in any of the following activities:
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services
- Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our website
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our website is stored, or any server, computer, or database connected to our website
- Attack our website via a denial-of-service attack or a distributed denial-of-service attack
7. Termination
We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is harmful to the interests of another user, us, or third parties, or violates these Terms.
8. Disclaimer of Warranties
Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. EpicArchives expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
EpicArchives makes no warranty that our Services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall EpicArchives be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, our Services.
10. Indemnification
You agree to defend, indemnify, and hold harmless EpicArchives and its licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, your User Content, any use of our website's content, services, and products other than as expressly authorized in these Terms.
11. Governing Law
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to any choice of law or conflict of law provisions.
Any legal action or proceeding relating to your access to, or use of, our Services shall be instituted in the courts of Melbourne, Victoria, Australia. You agree to submit to the jurisdiction of such courts and waive any objection to the venue of such courts.
12. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.
13. Entire Agreement
These Terms, our Privacy Policy, and any other terms and policies referenced herein constitute the entire agreement between you and EpicArchives regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.
14. Contact Information
If you have any questions about these Terms, please contact us at:
EpicArchives
42 Technology Drive
Melbourne, VIC 3000
Australia
Email: [email protected]