Terms of Use and Legal Information

By entering and using epicponyz.com, you are agreeing to be bound by the following Terms of Use, which is a binding contract between you and the operator of this site. If you do not wish to be bound by the Terms of Use, please exit the website immediately.

Binding Contract

The Terms of Use set forth below constitute a binding contract between each user of this website and epicponyz.com (EPICponyz), the owner and operator of this site. We reserve the right to revise and update the Terms of Use at any time. Users should revisit and review the Terms of Use, which were last revised on 10-09-2013, and familiarize themselves with any additions, deletions, or changes. Your continued access to and/or use of this site constitutes your acceptance of such revised and updated terms. "You" and "your" refers to each user of the site. "We," "us" and "our" refers to the epicponyz.com, the owner and operator of this site.

Age Restrictions

This site is intended for use only by adults who are 18 years or older. By accessing and using this site, and by submitting content to this site, you are confirming that you are an adult.

Submission of Content - Click to read

Right to Decline Content and Service

We review all content submitted to us. As so, we reserve the right to decline and/or take down any content that we deem to inappropriate, and the right to deny access to any user who uses the site and/or any content in any manner that we deem to be inappropriate, all in our sole and absolute discretion. We also reserve the right to suspend, alter, or discontinue the operation of the site and/or access to the site at any time in our sole and absolute discretion.

Submission Records

Epicponyz.com keeps all submissions private and will not sell personal details to anyone. Records of submissions are kept only for a limited time. As you agree to these Terms of Use, asking to view these submissions is a direct violation of said terms. Epicponyz.com or its employees shall not be held liable for any submission records under any circumstances.

Privacy

Epicponyz.com uses third party services to keep track of statistics for the site. We keep all that information private and do not distribute it, except where noted (i.e. Visible Counters). Any IP address collected is not made public. Epicponyz.com may use cookies, which individuals who use the site can adjust in their browser settings. Currently, Epicponyz.com does not use any advertising services in relation to cookies.

Comments

Authors of comments are responsible for what they post on this site and by reading these Terms of Use agree that Epicponyz.com or its employees are not to be held responsible for the author's actions. As previous noted, we reserve the right to remove any comments on this site.

Content Overall

Epicponyz.com typically displays images, audio, and video (the “Content”) as part of blog posts written by our editors. Please note that at its core, Epicponyz.com is a minimalist news site. The types of Content editors are authorized to use on  Epicponyz.com  include:

Content licensed from photographic archive and video vendors

Content supplied to our editors or released into the public domain by public relations and marketing companies for press purposes

Reader-submitted Content, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on our site(s)

Content published on Flickr or other public photo / video sites with licenses granted under Creative

Commons, with attribution in accordance with the CC license granted in each case

Content commissioned by Epicponyz.com

Content that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:

The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody)

The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)

The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Content used for no more than to convey the point made)

The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)

Additionally, Epicponyz.com does not directly host any images and videos that appear on this site. Under no circumstances, as agreed to by these Terms of Use, shall Epicponyz.com or its employees be held liable for content.

Intellectual Property

Subject to the reservation of rights in Content by users as set forth above, the entire contents of this site are Copyright © 2013 by epicponyz.com. All rights reserved. The trademarks, service marks, and trade dress displayed at this site are owned by Epicponyz.com. References and links to third-party sites are owned by the respective site-owners, and no sponsorship or endorsement by, or affiliation with, such third parties is claimed or suggested.

Limitations on Liability

This website and its content are made available to users without warranties, representations, indemnities or guarantees of any kind whatsoever. We specifically and expressly disclaim any liability for any indirect, incidental, consequential or special damages arising out of our in any way connected with access to or use of this site even if we have been advised of the possibility of such damages. The maximum liability to users based on any claim arising out of or in connection with the site or its content shall in no case exceed the amounts, if any, paid by the user to us.

Take-Down Notices Under the DMCA

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, we will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C Sec. 512(c)(2) ("DMCA"). Notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted to the following Designated Agent for this site, at the following email address: epicponyz{@}gmail.com.

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

If you think we have published Content that infringes your copyright, we will address your concerns; however, if the material falls into one of the categories listed above (Content Overall), we believe that our use is legitimate and we will not remove it from the site.

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified noted below. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email epicponyz{@}gmail.com or justin.monet{@}gmail.com to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers! Please note that your notice cannot specify any amount of time in which the alleged content should be removed. Doing so would be a violation of our Terms of Use.

To enable us to address your concerns, please provide the following information:

For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:

Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration, a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND Evidence to support your claim that you own the copyright in the image.

We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Sign the document and email it to: epicponyz AT gmail DOT com, Subject: DMCA Complaints

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys` fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

We also reserve the right to publish your letter on the site(s).

Please note we will accept casual emails addressing alleged copyright protected content, but no action will be taken until a proper DMCA is filed.

External Links Disclaimer

Epicponyz.com  routinely contains links to external, third party websites. By providing links to other sites,   Epicponyz.com  does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Epicponyz.com .

Epicponyz.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to  Epicponyz.com  assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.