These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website https://www.epictones.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “Epic Tones”, “we”, “us” or “our”, we mean Epic Enterprise S.R.L. or, where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court.
In order to use the Epic Tones Service and access any Content, you must be 18 or older, or be 13 or older and have parent or guardian consent, have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and reside in a country where Service is available. You also promise that any registration information that you submit to Epic Tones is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
2) About us
We are Epic Enterprise S.R.L. and, along with certain of our affiliates, we operate the Website. Epic Enterprise S.R.L. is a company registered in Romania and our registered office is at 62B Soseaua Nordului, Bucharest, Romania. Our registered company number is RO37819269.
We, along with certain of our affiliates, provide the services to you through the website. Further details of the services we provide are set out in section 3 below.
3) Our Services
The services we offer allow you to search through the Website, listen to our radio and purchase our products. Epic Tones provides personalised services with interactive features for streaming music, videos and other content as well as other products and services that may be developed from time to time. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance. Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. For the physical products, your contract with us is concluded once the products have been delivered to you.
By signing up or otherwise using any of these Epic Tones services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services, or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with the Epic Tones entity.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Shipping & Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Certain Service options are provided to you free-of-charge. The Epic Tones Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Premium Subscriptions” also referred as “PREMIUM”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Epic Tones Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms. You can find a description of our “PREMIUM” Service options on our website.
We reserve the right to refuse service to anyone for any reason at any time.
4) Using Our Services
The Epic Tones Service and the Content are the property of Epic Tones or Epic Tones’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Epic Tones Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Epic Tones. You promise and agree that you are using the Epic Tones Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Epic Tones Service or the Content.
The Epic Tones software applications and the Content are not sold or transferred to you, and Epic Tones and its licensors retain ownership of all copies of the Epic Tones software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All Epic Tones trademarks, service marks, trade names, logos, domain names, and any other features of the Epic Tones brand (“Epic Tones Brand Features”) are the sole property of Epic Tones or its licensors. The Agreements do not grant you any rights to use any Epic Tones Brand Features whether for commercial or non-commercial use.
You agree not to use the Epic Tones Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Epic Tones grants no right, title, or interest to you in the Epic Tones Service or Content.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5) User Guidelines
Epic Tones respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure the Epic Tones platform stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Epic Tones Service or the Content, or otherwise making any use of the Epic Tones Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Epic Tones Service or the Content or any part of it;
- using the Epic Tones Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Epic Tones Service, Content or any part thereof except to the extent permitted by applicable law.
- circumventing any technology used by Epic Tones, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing, or leasing of any part of the Epic Tones Service or the Content;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing or blocking advertisements in the Epic Tones Service, or creating or distributing tools designed to block advertisements in the Epic Tones Service
- providing your password to any other person or using any other person’s username and password;
- selling a user account
Please respect Epic Tones, the owners of the Content, and other users of the Epic Tones Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Epic Tones or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorised by Epic Tones;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorised by Epic Tones;
- interferes with or in any way disrupts the Epic Tones Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Epic Tones’s computer systems, network, usage rules, or any of Epic Tones’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Epic Tones.
You acknowledge and agree that any User Content that violates these User guidelines (or that Epic Tones reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Epic Tones account. You also agree that Epic Tones may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.
Please be thoughtful about how you use the Epic Tones Service and what you share. Remember that shared or publicly available information may be used and re-shared by other users across the web, so please use Epic Tones carefully and be mindful of your account settings.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by a third party, you must notify us immediately and change your password as soon as possible.
6) Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Epic Tones Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Epic Tones Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Epic Tones’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Epic Tones (e.g. podcasts) may contain advertising as part of the Content. The Epic Tones Service makes such Content available to you unmodified.
7) Payments & Cancellations
You may purchase a Premium Subscription directly from Epic Tones by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. If you register for a Premium Subscription you authorise Epic Tones to charge you automatically each month until you cancel. Your payment to Epic Tones will automatically renew at the end of the applicable subscription period, unless you cancel your Premium Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.
Epic Tones may change the price for the Premium Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Epic Tones Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Premium Subscription prior to the price change going into effect. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not accept any refunds for the Premium Subscriptions.
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
8) Privacy Policy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
9) Orders, Shipping & Returns
By completing the check-out process and placing an order, you are offering to purchase the products from Epic Tones. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and Epic Tones. All orders are subject to availability and confirmation of the order price. After entering into the contract for the products with the Epic Tones, Epic Tones will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by Epic Tones. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and Epic Tones. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract. Only those products listed in the dispatch confirmation email are included in the contract.
By completing the check-out process and placing an order, you agree to our Shipping & Returns Policy.
10) Service limitations and modification
Epic Tones will make reasonable efforts to keep the Epic Tones Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Epic Tones reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Epic Tones Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Epic Tones Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
You understand, agree, and accept that Epic Tones will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Epic Tones and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
11) Intellectual Property Protection
Epic Tones is the exclusive owner of all the intellectual property rights related to the products (including but not limited to design drawings, technologies, appearance design, utility models, brands, trade names and trademarks, etc.) and the right to apply for intellectual property of the related intellectual achievements (collectively referred to as “Epic Tones Intellectual Property”). Epic Tones has the right to enjoy and implement Epic Tones Intellectual Property according to the relevant laws and regulations, and all the proceeds arising from the intellectual property protection shall be owned by Epic Tones. Epic Tones has absolute authority to strive for and maintain the protection for the intellectual property of all or part of the technologies or improvements across the world. Any infringement of rights and interests of Epic Tones on Epic Tones Intellectual Property is unacceptable by us, including but not limited to reverse engineering or resale of the products purchased.
12) Term & Termination
The Agreements will continue to apply to you until terminated by either you or Epic Tones. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Epic Tones may terminate the Agreements or suspend your access to the Epic Tones Service at any time, including in the event of your actual or suspected unauthorised use of the Epic Tones Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Epic Tones terminate the Agreements, or if Epic Tones suspends your access to the Epic Tones Service, you agree that Epic Tones shall have no liability or responsibility to you, and Epic Tones will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time.
13) Severability, waiver, and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Epic Tones or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Epic Tones’s or the applicable third party beneficiary’s right to do so.
If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
14) Indemnification
You agree to indemnify and hold Epic Tones harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Epic Tones Service; and (4) your violation of any law or the rights of a third party.
15) Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Romania. The courts of Romania shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
