Epic Trip, LLC. TERMS AND CONDITIONS
Please read these terms and conditions of use carefully before using or obtaining any information from us ("Epic Trip") or through our website ("EpicTrip.com," "Site"). IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS ("SITE TERMS"), YOU MAY NOT USE THIS SITE.
Acceptance of Terms and conditions
By using this Site, you agree to the Site Terms. Epic Trip reserves the right to update the Site Terms at any time without notice to you. We may, at any time and without advance notice or liability, restrict your access to any portion of our Site, or cancel your membership.
(a) "Copyleft License" means any type of copyright license in which every single author, editor, mapmaker, illustrator, factchecker, photographer, or other contributor of a given work grants certain or all members of the public the right to use, copy, print, read, save, download, modify, email, distribute, sell, photocopy, and edit, as long as proper attribution is given to the original creators.
(b) "Derivative Work" means a work based upon the work or upon the work and other pre-existing works (e.g. a translation, dramatization, fictionalization, musical arrangement, motion picture version, sound recording, abridgment, art reproduction, condensation, or any other form in which the work may be transformed, modified, recast, or adapted).
(c) "Distribute" means to make publicly available the original and copies of the work or derivative work, as appropriate, through sale or other transfer of ownership.
(d) "Licensor" means the individual or entity that offers the work under the terms of a copyright license.
(e) "User" means any individual or entity accessing any page on this Site, including individuals or entities without membership accounts on this Site.
(f) "Work" means the literary and/or artistic work offered under the terms of a copyright license, including but not limited to any production in the literary, artistic and scientific domain, in whatever may be the mode or form of its expression including digital form.
(g) "You" means an individual or entity, including an individual or entity without a membership account on this Site, who seeks to exercise or continue to exercise any of the conditional privileges of use granted by this Site under the Site's limited license set forth in Epic Trip, LLC's Terms and conditions herein.Membership Account
Use of and membership in Epic Trip's services is void where prohibited. By using the membership services, you represent and warrant that you are at least 14 years of age or older; all registration information you submit is truthful and to the best of your knowledge; and your use of the services does not violate any applicable local, state, federal, international law, regulation, or applicable law. Your profile and membership may be terminated without advance notice or warning, if we believe that you are less than 14 years of age.
To register, you will be required to include your personal, active e-mail account and to create a password. You will be required to submit your e-mail address and password to register and login. We recommend that you do not share your password with anyone else. You understand that you are financially responsible for all uses of the Site such as but not limited to making any travel related reservations, bookings, plans, or any purchases on the Site or through our affiliates. Epic Trip is not responsible for links to external websites.
Epic Trip collects user-submitted information such as name, e-mail address, and age for verification purposes. Epic Trip also collects other profile data and information including but not limited to age, gender, interests, and any information that you may post on your profile and on the Site. In addition, the Site allows members' profiles to be searched and viewed (in whole or in part) by other users in order to assist users to interact among other users of the Site. User IP addresses may be recorded for security and monitoring purposes. Epic Trip will never reveal other users' full names to other users.
Epic Trip also collects non-personally identifiable information including but not limited to traffic count, browser type, and sales. We may use non-personally identifiable information to determine how people use the Site and its services.
Analyzing non-personally identifiable information on our Site may allow us to improve the performance of and offerings on our Site. For example, this data may provide us with information including how often users click onto our Site, listings, and which areas of our Site are most frequently used or need to be improved. In addition, this non-personally identifiable information may be shared with other third-parties to provide relevant services and advertisements to users.
Ownership and Copyright
Except as otherwise indicated, the Site, and all content and material on the Site including but not limited to all texts, images, pictures, marks, logos, graphics, designs, illustrations, characters, news, articles, information, software, hardware, sound files, video files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the intellectual and proprietary property of Epic Trip and are protected by U.S. and international copyright laws. The Site and all Site content is © 2006-07, Epic Trip, LLC All Rights Reserved.
Epic Trip, EpicTrip.com, and any other logo, product or service names, or slogans displayed on the Site are either registered trademarks or common law trademarks of Epic Trip LLC. © 2006 Epic Trip, 1801 Rimrock Road, Suite 7, Barstow, California, 92311, USA. Other product and company names mentioned herein may be the trademarks of their respective owners. All registered and/or common law trademarks of Epic Trip, LLC and/or its suppliers, licensors, partners, or affiliates on the Site may not be copied, imitated or used, in whole or in part, without the prior written permission of Epic Trip or the applicable trademark holder. In addition, the look and feel of the Site, including all custom graphics, page headers, button icons and scripts, is the service mark, trademark and/or trade dress of Epic Trip and may not be copied, used or imitated, in whole or in part, without the prior written permission of Epic Trip. All other trademarks, registered trademarks, company names and product names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement, recommendation, or sponsorship thereof by Epic Trip.
User Conduct and Limited License
EPIC TRIP GRANTS YOU A LIMITED, REVOCABLE, NON-SUBLICENSABLE LICENSE TO ACCESS AND USE THE SITE AND THE SITE CONTENT SUBJECT TO THE SITE TERMS CONTAINED HEREIN, AND SPECIFICALLY CONDITIONED ON THE FOLLOWING (1) you may only use the Site and the Site Content for personal and non-commercial purposes; and (2) while using the Site, you shall follow the User Conduct guidelines and agree not to:
Any unauthorized use of the Site or Site Content may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
To request written permission for any uses of the Site or Site Content not included in the foregoing license, including permission to use any trademarks or copyrights proprietary to Epic Trip, you may contact Epic Trip at:
Epic Trip, LLC
1801 Rimrock Road Suite #7
Barstow, CA 92311
Submission of User-Content and Other Materials
By submitting journals, photographs, comments, recommendations, opinions, reviews, news, travel guides, text, images or other materials, you warrant (1) you are the owner of such content or have been granted all the necessary rights from the respective owner or the rights holder to display, submit, post, or upload onto this Site. You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; (2) the use of the aforementioned by Epic Trip will not infringe the intellectual property rights or in any way violate the rights of third parties involved; and (3) you automatically grant Epic Trip and its affiliates, successors, and assigns a worldwide, non-exclusive, irrevocable, perpetual, and royalty-free right to store, use, adapt, modify, create derivative works of, copy, translate, distribute, transmit, publicly display, publicly perform, publish, print, license or sub-license, transfer or sell any content (in whole or in part) such as but not limited to travel guides, images, photographs, journals, videos, reviews, and comments for any purpose, including without limitation a commercial purpose, and/or transfer or sell any other proprietary rights without any compensation to you.
In addition, you agree (1) not to post, submit, reproduce, store, or upload the contents of Epic Trip (including but not limited to the Site's travel guides, reviews, members' profiles and information, pictures, and videos) to other travel related sites, online services or other sites, whether commercial or non-commercial, without the prior written consent of Epic Trip; (2) that content submitted by you will be considered non-confidential; and (3) that Epic Trip and its successors, and assigns are forever released from any obligation (a) to treat content submitted by you as proprietary information, (b) to offer you the opportunity to edit, delete, or otherwise modify content you submit once it has been submitted to the Site, and (c) to attribute authorship to you for any content you submit or to enforce any form of attribution to you by third parties.
Epic Trip is not responsible for content posted by users of the Site on any area including but not limited to members' profile section, forums, comments, travel guides, reviews, photos, opinions, articles, videos, and news. The opinions and views expressed on the Site do not necessarily represent the views of Epic Trip, its affiliates, employees, partners, merchants, advisors and other members.
General Disclaimer for Site Content
Epic Trip encourages interaction among users of the Site as well as original and/or editorial contributions from users. However, by using the Site, you acknowledge that (1) all contents on this Site such as but not limited to journals, comments, opinions, recommendations, travel guides, texts, photographs, news, directories, search results, videos, virtual tours, illustrations, graphics, logos, images, data, software, hardware, and messages or other materials, including information created, edited and submitted by members and Epic Trip, appearing on this Site may be invalid, incorrect or inaccurate and is at the users' discretion to accept (in whole or in part) or disregard the content on the Site; (2) Epic Trip makes no guarantee for the validity, correctness or accuracy of all information, content, and materials found on the Site and disclaims any liability with respect to all information, content, and materials on the Site. By using the Site, you further agree not to hold Epic Trip liable for any invalid, incorrect, or inaccurate information, content, and/or materials found on the Site.
In no circumstances shall Epic Trip, its employees, advisors, merchants, partners, associates, advertisers, and their respective suppliers be liable for any direct, indirect, incidental, special, or consequential damages, or any other damages of any kind, including but not limited to loss of profits, loss of use, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this Site, the services, the content or the materials contained in or accessible through the Site, or that result from mistakes, errors, omissions, defects, interruptions, viruses, deletion of files or email, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, theft, communications failure, destruction or unauthorized access to Epic Trip's records, programs or services.
Epic Trip sites contain links to other sites operated by parties other than Epic Trip. Epic Trip does not control those sites and is not responsible for their contents, including the accuracy, timeliness, or completeness of information it may obtain from third party sites or your use of them. Epic Trip's inclusion of links to such web sites does not imply any endorsement of the material or any association with their operators. This product uses the Flickr API but is not endorsed or certified by Flickr.
Your interaction with Epic Trip, its third party sites and partners accessed from our Site is at your own risk, and Epic Trip shall have no liability with any negligence, omissions, breach of contract, errors, misrepresentations, personal injuries, death, or other damages or expenses from your interaction with our Site or with its merchants, partners, affiliates, advertisers, associates and their respective suppliers.
You agree to defend and indemnify Epic Trip, its employees, advisors, merchants, partners, associates, advertisers, and their respective suppliers from and against any claims, damages, fines, liabilities, causes of action, demands, recoveries, losses, penalties or other costs or expenses of any kind including but not limited to reasonable legal and accounting fees, brought by you or on your behalf.
Contributions to Epic Trip
By submitting ideas, suggestions, proposals, and/or documents ("Contributions") to Epic Trip through its suggestion or feedback web pages, you acknowledge and agree that (1) your Contributions do not contain confidential or proprietary information; (2) Epic Trip is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) Epic Trip is entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) Epic Trip may have something similar to the Contributions already under consideration or development; (5) your Contributions automatically become the property of Epic Trip without any obligation of Epic Trip to you; and (6) you are not entitled to any compensation or reimbursement of any kind from Epic Trip under any circumstances.
If there is any dispute about or involving Epic Trip, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Barstow.
You are solely responsible for your interactions with other Epic Trip members. Epic Trip reserves the right, but has no obligation, to monitor disputes between you and other members of the Site.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Site, this Site's Content, or this Site's service must be filed within one year after such claim or cause of action or be forever barred.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.