Epos Media Group Terms of Service and Privacy Policy

Acceptance of Terms of Service

Epos Media Group (EMG) maintains the right to change this policy at any time, but will provide 30 days notification to our clients and on our website at such time.

If you do not agree with any of these Terms of Service (“Terms of Service” or “Terms”), including the Privacy Policy incorporated herein, please do not use EMG’s Services. By using any of EMG’s Services you, as client, will be deemed to have irrevocably agreed to these Terms.

OUR SEVICES

EMG provides media services including, but not limited to, audio/visual media production, social media management, web and mobile application development and management, mass-production of physical media, branding and logo assistance, and physical product research and development.

CLIENT RESPONSIBILITY

You, all clients, and all consumers are required to abide by these Terms, this Privacy Policy, and the existing contract that you, client and/or consumer is under at all times and to make use of EMG’s Services in both a lawful and ethical manner. EMG is not obligated to use (and will not be responsible for) any patented or copyrighted material or media that is presented for duplication or production. EMG is also not obligated to create or publish any material it deems, in its sole discretion, unethical or inappropriate. What media produced by EMG is used for after the client takes possession of it is solely the responsibility of the client.

FEES, BILLING, AND PAYMENT

All fees, billing, and payment will either be conducted on a retail basis or as specified in contract between EMG and the client and will be strictly adhered to under penalty of law.

THIRD PARTY SERVICES

EMG is not responsible for data collected by or for the actions of third party services that EMG uses.

INFORMATION WE COLLECT

EMG collects personal information that you, clients, and/or consumers provide to us when contracting with EMG or when setting up an online account with EMG. EMG collects log data from you, clients, and/or consumers every time you, a client, and/or a consumer visits our web page, or a web page we manage. EMG collects data left by you, clients, and/or consumers on our social media accounts, such as views, likes, shares, and comments.

WHY WE COLLECT INFORMATION AND WHAT WE USE IT FOR

EMG collects information to provide better services to our users, clients, and customers – from what products and services are most desired to which of our methods are most effective and how we can better improve the overall EMG experience.

WHO WE SHARE INFORMATION WITH

Data that is collected by EMG is shared with third party service providers only as long as the data is required by the third party’s service within the scope of the contract between EMG and the client. All data is available to EMG management for the purposes of improving the client experience.

In addition, EMG may disclose your, client, and/or consumer personal information to law enforcement agencies, government/regulatory bodies, and content protection organizations to: • Protect EMG’s legal rights, privacy or safety, and that of EMG’s subsidiaries, affiliates, employees, agents, contractors, or other individuals; • Protect the safety and security of visitors to EMG’s online services or other properties; • Protect against fraud or other illegal activity or for risk management purposes; • Respond to inquiries or requests from government, regulatory, law enforcement, or public authorities; • Permit EMG to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that EMG may sustain; • Comply with the law including with subpoenas, search warrants, court orders, and other legal process; or • Enforce applicable terms of service.

PROCEDURES FOR VIEWING OR DELETING DATA

We take the protection of your, client, and consumer privacy very seriously. Upon request, and verification of identity, an agreed upon time can be established to discuss that client’s information and/or that information can be deleted from EMG’s databases where legally permitted. Client information is proprietary information and is protected as such under U.S. Federal Law. Client information will not be released to third parties except as defined by this policy.

How is information protected?   EMG provides physical, electronic, and procedural safeguards to protect information. Please be aware that, although EMG endeavors to provide reasonable security for information EMG processes and maintains, no security system can prevent all potential security breaches. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under EMG’s control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of personal information to EMG is made at your and/or client’s own risk. If you and/or client believe that your interaction with EMG is no longer secure, please notify us immediately.

INTELLECTUAL PROPERTY

Using EMG’s Services does not give you or client ownership of any intellectual property rights in EMG’s Services or the content EMG develops unless otherwise agreed to in writing. You and/or client may not use content from EMG’s Services unless you and/or client obtain permission or as otherwise permitted by law. These terms do not grant you and/or client the right to use any branding or logos used in EMG’s Services unless otherwise agreed to in writing.

AGE DISCLAIMER

EMG does not knowingly gather or store information of children ages 13 and under. If EMG becomes aware that it has gathered and stored the information of children in this category, that information will be promptly deleted.

THIRD PARTY DISCLAIMER

Any information collected or stored by third party sites and businesses is not subject to EMG’s privacy policy. It is owned by, and subject to the privacy policy of whichever third party entity gathered it.

DISCLAIMER OF WARRANTIES

EMG provides its Services using a commercially reasonable level of skill and care and we hope that you and our clients will enjoy using them. However, other than as expressly set out in these terms or additional written terms, NEITHER EMG NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR AND/OR CLIENT NEEDS. EMG PROVIDES SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMG DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EMG DOES NOT WARRANT THAT THE SERVICES, OR YOUR AND CLIENT ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR AND CLIENT REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU AND/OR CLIENT USE. EMG MAKES NO WARRANTIES THAT YOUR AND/OR CLIENT USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF EMG OR OUTSIDE PARTIES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU AND/OR THE CLIENT, THE ABOVE EXCLUSIONS WILL APPLY TO YOU AND/OR THE CLIENT ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES

WHEN PERMITTED BY LAW, EMG ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EMG AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT CLIENT PAID EMG TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING CLIENT THE SERVICES AGAIN). IN ALL CASES, EMG, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

INDEMNIFICATION

You and/or client agree to defend, indemnify and hold harmless EMG, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your and client placement or transmission of any content onto EMG’s servers, and/or from any and all use of EMG’s Services; (b) any misrepresentation made by you and/or client in connection with the use of EMG’s services; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of EMG’s Services.

GENERAL

(a) Applicable law. These Terms of Service, any Additional Terms and the relationship between you, client, and/or consumer and EMG shall be governed by the laws of the U.S. and the State of Texas without regard to any conflicts of law provisions.

(b) Venue. Any action or proceeding arising from, relating to or in connection with these Terms of Service and/or Privacy Policy will be brought exclusively in the state or federal courts located in Smith County, Texas, and you and/or client irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you and/or client will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non convenius or otherwise.

(c) No Waiver. No failure or delay by EMG in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.

(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. s (e) Paragraph and Section Titles are For Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

(f) Assignment. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Client shall not assign its rights or obligations hereunder without EMG’s prior written consent.

CONTACT US

If client have questions about this Privacy Policy, please send an email to contact@eposmediagroup.com