EPIC ZALMI Website
These Terms of Service apply to all users of the epic zalmi Website, including users who are also contributors of video content, information, and other materials or services on the Website. The epic zalmi Website may contain links to third party websites that are not owned or controlled by epic zalmi. epic zalmi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, epic zalmi will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve epic zalmi from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the epic zalmi Website and to read the terms and conditions and privacy policy of each other website that you visit.
Website Access
A. epic zalmi hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without epic zalmi's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify epic zalmi immediately of any breach of security or unauthorized use of your account. Although epic zalmi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of epic zalmi or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the epic zalmi servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, epic zalmi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights
The content on the epic zalmi Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to epic zalmi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. epic zalmi reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the epic zalmi Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the epic zalmi Website or the Content therein.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the epic zalmi Website is not intended for children under 13. If you are under 13 years of age, then please do not use the epic zalmi Website -- there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by epic zalmi without restriction.
General
You agree that: (i) the epic zalmi Website shall be deemed solely based in California; and (ii) the epic zalmi Website shall be deemed a passive website that does not give rise to personal jurisdiction over epic zalmi, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and epic zalmi that arises in whole or in part from the epic zalmi Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.epiczalmi.com/about/privacy and any other legal notices published by epic zalmi on the Website, shall constitute the entire agreement between you and Funny Or Die concerning the epic zalmi Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and epic zalmi's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. epic zalmi reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the epic zalmi Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND epic zalmi AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE epic zalmi WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.