Site Access & Use
Our Site is only available to individuals who are legally capable and legally permitted to access and use them.
To access our Site you must have an internet connection. Our Site is provided to you on an “AS IS” basis. You are responsible for obtaining, maintaining, and ensuring the compatibility of any device, equipment or other services needed to connect to or access the Site. We reserve the right to change, suspend or discontinue the Site at any time, as well as any services we may agree to provide to you, including the availability of any of its features or content.
You must act in accordance with these Terms and applicable laws at all times. You agree not to misuse your access to our Site or do any of the following which strictly prohibited:
(a) provide any information that is false, misleading, inaccurate, or incomplete upon registration,
(b) solicit or attempt to solicit the password or private information of any other users of the Site,
(c) interfere with the enjoyment of others of the Site or any services we may provide,
(d) compromise the security of the Site in any way including cracking passwords or security encryption codes related to the Site,
(e) copy, adapt, modify, alter, port, reverse engineer, decompile, or disassemble, frame any portion of the Site,
(f) disrupt or interfere with the operation of or the servers or networks that host the Site,
(g) use bots, spiders or other automatic device, process or method to access the Site,
(h) data-mine, collect or harvest information or data about users of the Site without their express consent,
(i) use the Site for any illegal, unlawful or unauthorised purposes.
We reserve the right to suspend or terminate your access to or use of the Site for any reason at any time but especially for violation of the above and these Terms as a whole.
Trademarks & Intellectual Property
‘Epiphyte’, the Epiphyte logo, the Epiphyte brand, ‘SpecialFX’, the SpecialFX logo, the SpecialFX brand, and all other trademarks, service marks, graphics and logos used in connection with the Site and our business are trademarks or registered trademarks of Epiphyte or its parent company (collectively the “Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained on this Site is owned or controlled by Epiphyte or its content suppliers and is protected by English and international copyright laws.
For the avoidance of doubt, all rights in Epiphyte.com and SpecialFX.com are owned by us. All rights reserved.
Disclaimer & Liability
We do not warrant or in any way assume any legal liability or responsibility for the quality, accuracy, completeness, legality, reliability or usefulness of any information on the Site. We make no representations that the services or content displayed on the Site is appropriate for your use. We assume no responsibility, and shall not be liable for, any damages to, or viruses which may affect, your device or other property arising from your use of the Site.
USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF (I) THE SITE (II) USE OR INABILITY TO USE THE SITE (III) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE CONTENT, THE SITE WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR STAUTORY RIGHTS REMAIN UNAFFECTED.
By using the Site you hereby indemnify and hold us (our parents, subsidiaries, affiliates, directors, officers and employees) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, that arise from or relate to your use or misuse of, or access out of your access to the Site or your violation of these Terms. This indemnification obligation will survive these Terms.
We reserve the right to modify these Terms at any time in our sole discretion by posting the updated Terms on the Site. Please check this space regularly for any such changes. You shall be responsible for reviewing and becoming familiar with any such changes. Continued use of the Site constitutes your acceptance of these Terms as updated.
Severance and Waiver
In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.
Governing Law & Language
This Agreement shall be governed by and construed in accordance with the laws of England without regard to the conflict of laws provisions thereof. English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms are drafted in the English language and if translated into another language the English version shall prevail.
If you have any questions or comments, please contact us at firstname.lastname@example.org
Date: 17 November 2016