Terms of Service
This agreement sets out the legal relationship between you ("you") and Epilogue.net ("we or us") regarding the artwork, pictures and/or other materials you are submitting to us ("Materials"). Please read this agreement carefully. After you have finished reading the agreement, please continue on to the sign-up form.
Materials. We reserve the right at all times to select which of the Materials we will use and to reject or discontinue the use of any of the Materials for any reason.
Grant of Rights. You hereby grant to us a non-exclusive, royalty free and world-wide license to (a) display, reproduce, publicly perform, broadcast, distribute, and/or transmit the Materials in whole or in part and (b) use your name, likeness, pictures and/or biographical material, as well as that of any other of the individuals represented in the Materials ("Biographical Information").
Limitation on the Grant of Rights. We agree that our use of the Materials and the Biographical Information will be in connection with activities that directly or indirectly advertise, promote or market (a) the Materials (b) the artist, or other individuals represented in the Materials and/or (c) our company and its products or services. By way of example, and without limiting our grant of rights under this agreement, the following is a non-exhaustive list of some of the activities that may be undertaken:
(i) offering users of our websites the opportunity to view/download/listen to samples (or the whole thereof) of the Materials or to find out more information about the Artists or where the Materials can be purchased
(ii) distribution of promotional items (compilation CD's, CD-ROMs, DVDs, bookmarks, posters, etc...) embodying some or all of the Materials together with material from other artists.
We will NOT sell the Materials without your prior permission.
Free Use. You acknowledge that because you, the Artist, will derive promotional benefit from our use of the Materials, neither you nor the other Artists will be entitled to receive any payment or other remuneration of any kind from us in connection with the use of the Materials and the Biographical Information under this agreement.
Ownership of Materials.
You retain all copyright and other rights to the Materials, other than the NON-EXCLUSIVE rights you grant to us under this agreement. As well, nothing in this agreement will prevent you from entering into arrangements with other parties that are similar to the arrangements set out in this agreement. By submitting Materials, you are stating that you are the copyright holder or have the express permission of the copyright holder to post the Materials. As such, you are responsible for any liabilities arising from the use of the materials and you agree to indemnify Epilogue and hold us and our affiliates, officers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of your Epilogue.net account and related services, your connection to the related services, your violation of this Agreement, or your violation of any intellectual property rights of a third party.
Termination. You may terminate this agreement at any time by deleting all of your uploaded artwork from the Submitted Files section of the Member Home Page. This agreement will terminate upon update of the site cache wherein your files no longer appear on Epilogue. Because the site operates a page caching system, it may take anywhere from a few hours to a few days for your artwork to be removed from the site after deletion. We may also terminate this agreement at any time and for any reason by removing your artwork from the site. Upon the termination of this agreement for any reason, all of our rights to the Materials will terminate, except that we retain all rights necessary for us to distribute any promotional items (such as any digital graphics, promotional posters, CDs, postcards and archived contests, screensavers, icons, discussions, interviews, etc) which we have produced prior to the date of termination which incorporate any of the Materials.
Our Performance. We do not make any representations or warranties or guarantees as to the nature, quality, availability, fitness or performance of our products, services or websites. We will not be responsible for any inadvertent errors on our part in listing the Materials, categorizing the Materials or reproducing any of the Biographical Information or other information that you provide to us. We will not be responsible for any consequential, exemplary, indirect, special or incidental damages arising from or relating to this agreement, including, without limitation, any damages arising from use of the Materials and/or the Biographical Information by any of our website users after they have downloaded the Materials and/or the Biographical Information.
Representations and Warranties. You represent and warrant that (a) you have the full right and power to enter into and perform this agreement and to grant us all rights to use the Materials and the Biographical Information as contemplated in this agreement (b) you have secured all necessary third party consents and permissions required in order for you to enter into and perform this agreement and to grant us all rights to use the Materials and Biographical Information as contemplated in this agreement (including, but not limited to, consents and permissions from publishers, galleries, Artists and owners of any samples that are used in the Materials), (c) the Materials and the Biographical Information (and our use thereof as contemplated under this agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, and (d) all information that you have or will provide to us is true and complete. You agree to indemnify, reimburse and hold us and our officers, directors, representatives, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, costs and expenses (including reasonable legal fees and court costs) arising out of or related to your breach of the representations and warranties described in this section and/or your breach of any other provision hereof.
Third Party Payments. You are solely responsible for paying all applicable fees, royalties and other payments that are required to be made to third parties (including but not limited to all Artists, publishers and companies) in connection with the use of the Materials and the Biographical Information pursuant to this agreement.
Assignment and Sub-Licensing. We may assign this agreement and/or license, sublicense or assign any or all of our rights under this agreement.
Governing Law. This agreement shall be governed by the laws of the State of Florida and shall be treated, in all respects, as a contract entered into and wholly performed in the State of Florida. Any disputes arising from this agreement shall be brought and maintained exclusively in any state or federal court in the State of Florida.