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Terms of Use

Updated: April 11, 2019

 

Welcome to the deadmau5 TopFan site (the "Site"). Thank you for visiting and have a great time!

 

It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and

obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

 

Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you and any organization you are authorized to represent signify that you read, understood and will be deemed to have irrevocably agreed to these Terms of Use.

 

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

 

Please note that these Terms of Use may be revised and reissued without notice at any time by

updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

 

How To Contact Us This Site is controlled by Epicwin Ltd., c/o LaPolt Law, P.C., 9000 Sunset Blvd. Ste 800, West Hollywood, CA 90029 ("Epicwin"). Please forward any comments or complaints about the Site, questions regarding privacy, and any questions regarding other legal matters to TopFan[email protected] 

 

Your Registration To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Epicwin believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to automatically terminate or suspend your account.

 

At any time in its sole discretion, with or without notice, Epicwin may terminate your registration, delete your profile and any content or information that you have posted on or through the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for no reason or any reason, including without limitation if Epicwin reasonably suspects that you violated any of these Terms of Use or any other agreement between you and the Epicwin.

 

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal

capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

 

If you are under 13 years of age or otherwise required by applicable law to obtain parental permission to use any portion of the Site, you must have your parent or legal guardian's permission to use the Site, they must read these Terms of Use with you, and provide Epicwin with a properly completed and acceptable parental consent form governing your use of this Site.

 

NOTICE TO PARENTS AND LEGAL GUARDIANS: By granting your child permission to use the Site, you agree to these Terms of Use on behalf of your child. You are solely responsible for monitoring and supervising your child's use of the Site. If your child is using the Site and is either under 13 years of age or does not have your permission, please contact us immediately at the above-referenced email address so that we can disable their access.

 

Online Privacy Notice Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way

your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here:  Privacy Policy URL

 

Trademarks and Copyrights This Site and materials incorporated by Epicwin on this Site including, without limitation, graphics, logos, designs, page headers, button icons, photos, audio-visual material, audio, scripts and service names (collectively, the "Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Epicwin on this Site are also protected as registered or unregistered trademarks, trade names and/orservice marks owned by Epicwin or others ("Trademarks"). The Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Epicwin. Epicwin respects the intellectual property rights of others and asks users of this Site to do the same.

 

Your Use of Material Your right to make use of this Site and any Material or other content

appearing on it is subject to your compliance with these Terms of Use. Modification or use of the

Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is strictly prohibited.

The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized in writing by Epicwin.

 

Any written authorization to copy Material granted by Epicwin in any part of this Site for  any

reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary

notices. Using any Material on any other web site or networked computer environment is expressly

prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is expressly

prohibited.

 

Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER

CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT

PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, EPICWIN AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF ORGANIZATION NAME ("THE

EPICWIN PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE EPICWIN PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,

UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS. THE EPICWIN PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF

THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT

IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE EPICWIN PARTIES MAKE NO

WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,

FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE EPICWIN PARTIES ASSUME NO

LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS,

INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE

EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

  Limitation of Liability EPICWIN THE EPICWIN PARTIES DISCLAIM ALL LIABILITY WHETHER

BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,

PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE EPICWIN PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE EPICWIN PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Forums THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON

THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF EPICWIN OR CONTENT PROVIDERS. EPICWIN DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF EPICWIN. EPICWIN MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN EPICWIN'S SOLE

DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Submissions, Postings and E-mails Epicwin is interested in hearing from you

regarding your questions or comments about our Site. However, Epicwin does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any Epicwin Parties.

 

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to

govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited

Submissions you make.

 

In any event, any material you send to us will not be treated as confidential. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, including, without limitation, Invited Submissions, provided by you to Epicwin are non-confidential and shall become the sole property of Epicwin. Epicwin shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal

information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Epicwin) or privately transmitted on or through this Site are the sole responsibility of the sender, not the Epicwin Parties, and that you are solely responsible for all material you upload, post or otherwise transmit to or through this Site.

You represent, warrant and covenant to Epicwin and the Epicwin Parties that none of your User Content does or will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. We at Epicwin require, and you hereby agree that you will not post e-mails or submit to or publish through

Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

 

  1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  2. disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
  3. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  5. violates any law or may be considered to violate any law;
  6. you do not have the right to transmit under any contractual or other relationship (e.g., inside

information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

  1. advocates or promotes illegal activity;
  2. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  3. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
  4. solicits funds, advertisers or sponsors;
  5. includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer

code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

  1. disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
  2. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above; or
  3.  none of your User Content does or will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

 

In addition, you are prohibited from removing any sponsorship banners or other material inserted

by Epicwin anywhere on this Site (e.g., on any web space made available for your use).

 

System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or

messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the

operation or enjoyment of this Site by any other person.

 

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

 

Security Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Epicwin shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Epicwin considers insecure, Epicwin will be entitled to require this to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities provided in connection with this Site to

compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or

network probing tools) are strictly prohibited. If you become involved in any violation of system

security, Epicwin reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

Investigations Epicwin reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e- mails you make or send to any Forum. Epicwin may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Epicwin may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice in its sole discretion. If Epicwin believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Epicwin will fully cooperate with any law enforcement authorities or court order requesting or directing Epicwin to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL EPICWIN PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE EPICWIN PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE EPICWIN PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Service In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to

connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

Epicwin reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

 

Local Regulations Epicwin makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own

initiative and at your own risk.

 

You are entirely responsible for complying with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

 

Indemnity You agree to indemnify and hold harmless the Epicwin Parties from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your

placement or transmission of any content onto Epicwin’s servers, and/or from any and all use of your account or the Site.

 

Our Use of Content Epicwin will consider anything you provide to Organization Name and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see 'Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

 

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to Epicwin including, without limitation, designs, text, graphics, pictures, video, information, software, music, sound and other materials that are submitted through your account or you upload, publish or display on or through the Site, or transmit to or share with other users (collectively, "User Content"), you automatically and irrevocably: (a) grant and assign to Epicwin a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Organization Name and/or by any person authorized by Epicwin, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to

advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such

rights have been asserted; (c) appoint Epicwin as your agent with full power to enter

into any document and/or do any act Epicwin may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and  that Epicwin shall not be liable for any use or disclosure of such User Content.

 

Third-Party Sites The Site may contain (or you may be sent through the Site) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties, including user content posted by other users (collectively, the "Third Party Content"). This Third Party Content

information or material that some people may find inappropriate or offensive. These Third Party Sites are not under the control of Organization Name, and you acknowledge that (whether or not such sites are affiliated in any way with Epicwin) Epicwin is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites. The inclusion of such a link does not imply approval or endorsement of any site by Epicwin or any association with its operators. 

 

Epicwin cannot ensure that you will be satisfied with any products or services that you purchase from any Third Party Sites that links to or from Epicwin since other shop channels are owned and operated by independent retailers. Epicwin does not endorse any of the merchandise, nor has Epicwin taken any steps to confirm the accuracy or reliability of any of the information contained in such Third Party Sites. Epicwin does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against the Epicwin Parties with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these Third Party Sites. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Proprietary Online Services Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

 

Jurisdictional Issues The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and

other products available in the United States, its territories, possessions, and protectorates.

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.

 

Any dispute of any kind between you and any member of the Epicwin Parties arising under

these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment

industry and shall follow California law in adjudicating the dispute.

 

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable,

then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

 

Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Epicwin without restriction. Any assignment contrary to this section shall be void.

 

Survival Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by those provisions of these Terms of Use which, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

 

Waiver and Severability The failure of Epicwin to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of USe shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Claims of Infringement If you believe that any content appearing on this Site infringes your

copyright rights, we at Epicwin want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

 

  1. your name, address, telephone number, and e-mail address;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the exact URL or a description of each place where alleged infringing material is located;
  4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  6. a statement by you made under penalty of perjury, that the information in your notice is

accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

[email protected]

Epicwin seeks to preserve any and all exemptions from liability that may be available

under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.