Terms of Use

Welcome to EpicFails.TV (“Site”), the official website of Epic Fails (“we,” “us,” “our,” or “ourselves” whether in uppercase, lowercase, or a combination). These Terms of Use (“Terms”), which are intended for users of the Site (“you,” or “your” whether in uppercase, lowercase, or a combination), represent your legally binding contract with us regarding your use of the Site. These Terms are deemed accepted upon any use of any of the Site. By using the Site, you affirm and certify that you have read, understand, and agree to be bound by these Terms, along with our Video Submission Policy and Privacy Policy. If you are not eligible or do not agree to these Terms or any of the other above-mentioned documents, then you shall immediately cease using, attempting to use, or continuing to use the Site.

Eligibility

By using the Site, you represent and warrant to us that:

you are over the age of 18;
you are capable of agreeing to these Terms; and
your use of the Site accords with any and all relevant laws and regulations.

If you are a child under the age of 18, you are not allowed to use the Site at any time or in any manner.

Changes to These Terms

We may change these Terms at any time with or without notice to you. It is your responsibility to review these Terms regularly and remain informed of any changes. Unless otherwise stated, any changed version of these Terms shall be effective immediately upon posting on the Site here. If any changes to these Terms are unacceptable to you, you shall immediately cease using, attempting to use, or continuing to use the Site. If you use, attempt to use, or continue to use the Site following any changes to these Terms, you are deemed to have accepted such changes and agreed that you have read, understand, and agree to be bound by the entirety of the changed Terms.

Changes to the Site

We reserve the right to change, discontinue, or suspend, temporarily or permanently, all or part of the Site without notice to you. We will not be liable to you or any third party for any change to, discontinuance of, or suspension of the site.

Limited License Grant

Subject to your compliance with these Terms and our Privacy Policy and Video Submission Policy, we grant you a non-transferable, non-exclusive, revocable limited license, subject to the limitations herein, to use the Site solely for the purpose of submitting your video and personal information (collectively, “Content”) through the Epic Fails Video Submission Form (“Form”), which is located on the Site. We authorize, and you agree to make, no other use of the Site.

Conduct

You are required to comply with these Terms and all applicable laws when you use the Site, including when you submit your Content through the Form. By using the Site, you agree, represent, and warrant that, unless expressly permitted by us or applicable law, you have not and will not:

depict, encourage, or partake in criminal or tortious activity of any kind;
depict, encourage, or partake in dangerous activities or conduct that is abusive, obscene, threatening, defamatory, or libelous;
upload or submit Content that violates any of the prohibitions herein or that violates the rights of a third party;
attempt to impersonate another user or person;
store, copy, cut, edit, amend, add to, augment, modify, remove, delete, publish, transmit, prepare derivative works of, distribute, transfer, sell, or in any way exploit any information, media, or other material available on the Site (collectively, “Site Material”), whether manually or through the use of any automated tool (including, without limitation, robots or spiders);
compile or collect any Site Material for inclusion in a database or other project;
rent, lease, transfer, or sublicense your access to the Site;
use the Site or Site Material for any purpose except the purpose described herein;
attempt to circumvent, disable, or otherwise interfere with any of the security features of the Site;
copy, reproduce, amend, modify, enhance, translate, disassemble, decompile, reverse engineer, or prepare derivative works of the Site;
use the Site in a manner that is technically harmful or threatens the integrity, performance, functionality, or availability of the Site (including, without limitation, logic bombs, Trojan horses, viruses, worms, harmful data, harmful components, corrupted data, or malicious software);
use any software that intercepts, mines, or otherwise collects Content from other users; or
obscure, alter, or remove any proprietary notices on any part of the Site or Site Material.

We reserve the right to suspend or terminate your access to the Site if you engage in any of the foregoing prohibited conduct.

Copyright

If you believe that any Site Material infringes upon your copyrights, a written notification of such infringement(s) should be sent to contact@epicfails.tv pursuant to Title 17, United States Code, Section 512(c)(2).

An effective notification must include:

the material claimed to be infringing;
the copyrighted work claimed to have been infringed;
the contact information of the complainant;
a statement that the complainant has a good faith belief that our use of the material claimed to be infringing in the manner complained of is not authorized by the copyright owner, an individual authorized to act on behalf of the copyright owner, or the law;
a statement, under penalty of perjury, that the information included in the notification is accurate and that the complainant is, or is authorized to act on behalf of, the copyright owner; and
the signature of the copyright owner or an individual authorized to act on behalf of the copyright owner.

We will respond promptly to any properly submitted notice containing the information outlined above.

Ownership

The Site is owned and operated by us. We retain all right, title, and interest in and to the Site, Site Material, and any logos, trademarks, copyrights, service marks, or other intellectual property rights displayed on the Site or in Site Material (“Marks”). The Site, Site Material, and Marks are protected by applicable intellectual property laws and international treaties. Unless expressly permitted by us, you are prohibited from co-opting or otherwise making use of the Site, Site Material, and Marks or any modified versions of the Site, Site Material, and Marks.

Incorporation of Privacy Policy

We encourage you to read our Privacy Policy, which is hereby incorporated into these Terms by this reference, for information pertaining to the ways in which we collect, use, and disclose Content.

Incorporation of Video Submission Policy

We also encourage you to review our Video Submission Policy, which describes the agreement between you and us with respect to the video you submit through the Form and outlines the rights, licenses, authorizations, and permissions you confer on us by submitting your video through the Form. The Video Submission Policy supplements these Terms and is hereby incorporated by this reference into these Terms.

Third-Party Websites and Services

The Site may feature material from, or contain links to, third-party websites and services (collectively, “Third Parties”). We also work with Third Parties that perform website hosting, Form hosting, and other services for us.

As we exercise no control over the above-mentioned Third Parties, we are not responsible or liable for, nor do we endorse, recommend, or make representations regarding, the accuracy, completeness, performance, timeliness, usefulness, reliability, availability, features, products, services, privacy and security policies, or contents of such Third Parties (including, without limitation, products, advertising, or other material). We also bear no responsibility or liability for any damage or loss, direct or indirect, caused to you by your accessing, interacting with, providing Content to, or otherwise using such Third Parties.

If you provide Content to Third Parties, interact with third-party material embedded on the Site, or navigate away from the Site, please understand that you do so at your own risk, as these Terms will no longer govern. We encourage you to exercise caution when accessing or using Third Parties and carefully review the applicable terms and policies of such Third Parties when appropriate.

We reserve the right to disable or remove material from, or links to, Third Parties.

Disclaimers and Limitation of Liability

THE SITE AND SITE MATERIAL ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE SITE AND SITE MATERIAL IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE REPRESENTATIONS AND OBLIGATIONS SET FORTH IN THESE TERMS AND FOR ANY LOSS OF DATA OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING FUNCTIONALITY, AVAILABILITY, ACCURACY, USEFULNESS, AND/OR SECURITY OF THE SITE, SITE MATERIAL, DATA, INFORMATION, CONTENT, SOFTWARE, FACILITIES, RESOURCES, PRODUCTS, AND/OR SERVICES, AND WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. WE DO NOT GUARANTEE THE USEFULNESS, ACCURACY, OR COMPLETENESS OF THE SITE OR SITE MATERIAL, AND YOUR RELIANCE ON THE SITE AND SITE MATERIAL IS AT YOUR SOLE RISK.

THE SITE IS OPERATED AND CONTROLLED BY US IN THE UNITED STATES AND IS INTENDED FOR USE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. WE DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR FOR USE THAT VIOLATES THESE TERMS OR APPLICABLE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY AND ALL DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OR ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM YOUR USE OF THE SITE OR SITE MATERIAL. EACH OF THE PROVISIONS IN THIS SECTION IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS HEREIN WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify and hold us and our partners, providers, affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any and all losses, claims, demands, costs, damages, and liabilities caused by or arising out of your use of the Site or Site Material, your breach of these Terms and/or any of your representations and warranties set forth herein, your violation of the rights of any third party through the use of the Site or Site Material, or our distribution, exploitation, or other use of your Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Release

If you have a dispute with the Site or Site Material, you hereby release us and our partners, providers, and affiliates (and each party’s respective officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of any kind, whether foreseeable or not, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

General Terms

These Terms, along with our Video Submission Policy and Privacy Policy, comprise the complete and exclusive agreement between you and us regarding your use of the Site. You are prohibited from assigning or transferring these Terms or the rights described herein, in whole or in part, by operation of law or otherwise, without our express consent. We may assign or enforce these Terms at any time, with or without notice to, or consent from, you. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any subsequent breach or default of these Terms, or any provision of these Terms, constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable in any jurisdiction, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Legal Notices

The Site is operated and controlled by us in the State of Florida. As such, these Terms are governed by the laws of the State of Florida without regard to conflict of law principles. The exclusive jurisdiction and venue for any litigation arising out of or relating to these Terms or your use of the Site will lie in the state and federal courts located in the State of Florida, and you hereby irrevocably and unconditionally:

consent to submit to the exclusive jurisdiction of such courts;
agree not to commence any litigation arising out of or relating to these Terms or your use of the Site except in such courts;
waive any objection to the laying of venue of any such litigation in the Florida Courts; and
agree not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.