1.1 If using the Epiverse Google Chrome extension, you acknowledge that you have already accepted and will comply with the Google Chrome Terms of Service, as amended from time to time by Google (“TOS”). Where the context and substance of any provision of the TOS is such that it could equally apply to us (in the place of Google), then:
1.1.1. that provision will be read in that manner and incorporated by reference into these Terms, with “Google” read as “us” and “Service” read as “Epiverse”; provided that
1.1.2. to the extent there is any inconsistency between these Terms and those provisions of the TOS, then these Terms will prevail.
1.2. Without limiting clause 1.1, the following clauses of the TOS apply in that manner and are incorporated by reference (subject to clause 1.1.2): 4.2 – 4.4 (Provision of the Services); 5 (Use of the Service by you); 7 (Content in the Services); 8 (Proprietary Rights); 9 (License); 10 (Content license from you); 11 (Software Updates); 12 (Ending your relationship); 13 (Exclusion of warranties); 14 (Limitation of liability); 17 (Other Content).
1.3. In addition to these incorporated provisions, the following further provisions also apply.
2.1. You must comply with any guidelines or requirements on our website (https://www.epiverse.co/) and must promptly comply with any reasonable request or instruction by us in connection with Epiverse.
2.2. We are entitled, without notice and without liability, to suspend Epiverse at any time.
3.1. In this clause:
3.1.1. “Content” means all information of whatever kind (including blogs, articles, comments, videos, audio, images, advertisements etc.) published, posted, stored or sent in connection with Epiverse; and
3.1.2. “User” means a person who uses Epiverse (whether or not registered with us).
3.2. Epiverse allows users to post Content and communicate with others. By submitting any Content on, to, or through Epiverse, you understand and agree that:
3.2.1. You are responsible for your Content. You must ensure that your Content: (i) is accurate and up to date; (ii) is not misleading; (iii) complies with all applicable laws and regulations; (iv) does not infringe any third party intellectual property or other rights; (iv) is not defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
3.2.2. You may not post Content which reviews the website (or other online presence, including via social media) of your business competitors - as your views are likely to be tarnished by the competitive relationship.
3.2.3. You may be exposed to risks personally if you breach this clause 3.2 – for example, you may be held liable to a third party to whom your Content relates - so you will ensure that all statements you make in your Content are limited to fair comment (based on truth or reasonable opinion), and not offensive or illegal.
3.2.4. We are not responsible if your Content is misused by other Users.
3.3. You must have (and will retain) all rights and permissions needed to enable us and other Users to use your Content as contemplated by Epiverse and/or these Terms.
3.4. We are not responsible for any Content posted by Users and have no obligation to monitor Content. Nevertheless, we may monitor or review any Content as we choose and we reserve the right without notice to suspend, alter, remove or delete your Content or disclose it to relevant authorities if: (a) it is the subject of complaint; (b) we reasonably believe that it breaches these Terms, that such steps are necessary to protect us or others or that a criminal act has been committed; or(c) we must do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
3.5. Epiverse may be supported by advertising revenue and may display advertisements and promotions (“Advertisements”). We have no liability in respect of those Advertisements.
3.6. Your use and/or reliance on Content and Advertisements is at your own risk. We do not in any manner endorse or vouch for the accuracy or reliability of, Advertisements, or the Content that Users post. We also do not endorse the organisations behind Advertisements or the products, services or information provided by them.
3.7. You acknowledge that in using Epiverse you may be exposed to offensive or other inappropriate Content. If so, you should notify us immediately by writing to “email@example.com”.
3.8. If you publish any Content, you grant us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sub-licenseable licence to display, distribute, reproduce, transmit, publish, perform, translate, edit, adapt, remove, modify, create derivative works from, and otherwise use such Content for the purposes of operating Epiverse and exercising our rights under these Terms. You also grant each User a licence to use your Content to the extent permitted by the functionality of Epiverse and/or these Terms.
3.9. You agree that any questions, comments, suggestions, ideas, feedback or other information about Epiverse ("Submissions") which you provide us are non-confidential and will become our sole property. We will own all intellectual property rights in, and will be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any Content which we ourselves make available on Epiverse is intended for general guidance. While we make every effort to ensure that it is accurate and up to date, we cannot guarantee this and do not accept legal responsibility for such Content. Before acting on it, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on the Content at your own risk.
6.1. Without limiting clauses 1.1 and 1.2 above, you acknowledge and agree that:
6.1.1. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON OR THROUGH EPIVERSE OR AVAILABLE THROUGH LINKS ON EPIVERSE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON EPIVERSE. INCLUSION OF ANY LINKED WEBSITE ON EPIVERSE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY US. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
6.1.2. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF EPIVERSE, THE CONTENT MADE AVAILABLE THROUGH IT, OR FROM THE CONDUCT OF ANY USERS OF EPIVERSE. EPIVERSE IS MADE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT IT, OR CONTENT MADE AVAILABLE THROUGH IT, WILL BE UNINTERRUPTED OR ERROR-FREE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND WE DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF EPIVERSE. HOWEVER, NOTHING IN THESE TERMS WILL BE CONSTRUED AS LIMITING OR EXCLUDING OUR LIABILITY WHERE NOT PERMITTED BY LAW.
6.1.3. ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO EPIVERSE, WE DO NOT GUARANTEE OR WARRANT THAT IT OR MATERIALS THAT MAY BE DOWNLOADED THROUGH IT DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
6.1.4. YOU INDEMNIFY US AGAINST ALL CLAIMS AND LIABILITIES DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF EPIVERSE AND/OR YOUR BREACH OF THESE TERMS.
7.1. These Terms constitute the entire agreement between us and you with respect to their subject matter and supersede any previous communications or agreements between us and you. We both acknowledge and agree that you have not relied on any pre-contractual statements made by us.
7.2. Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.
7.3. These Terms shall be governed by the laws of the State of Victoria, Australia and any disputes will be decided only by the courts of that State.