You can access the Terms any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Services you are using. BY ACCESSING, VISITING OR USING THE SITE OR SERVICES, YOU CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SITE AND ANY OTHER OF THE SERVICES GOVERNED BY THESE TERMS. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THESE TERMS FOR FUTURE REFERENCE.
Additional terms will apply to any transactions you make through our site, and such will be provided during the specific process (for example, if you use our site to make a donation to a third party or purchase flowers). Those terms may vary from the Terms provided herein.
IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST ACCESS AND/OR USE THE SITE AND/OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Changes to These Terms
Epilogg Intellectual Property; Limited License to the Services Our Site, Services, products, information and other content (“Epilogg Works”) are intellectual property owned by Epilogg and are protected by the copyright laws of the United States and other countries. These Epilogg Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Epilogg Works other than the rights licensed to you by the terms below.
For any Services that enable you to access, view, download, share or use in any other fashion the Epilogg Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Epilogg Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these Epilogg Works may be copied, shared, or distributed at any time except as expressly provided on the Site or Services (for example, permissible downloading or sharing of any informational materials).
Any use of the Site, Services and Epilogg Works other than as specifically authorized by these terms, without our prior written permission is strictly prohibited and will automatically terminate the license granted herein without any further action by EPILOGG. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.
The trademarks EPILOGG, READY OKAY and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names that we use are trademarks or trade dress of Epilogg in the U.S. and/or other countries. Epilogg’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Epilogg. All other trademarks and logos on our Site or other of our Services are the property of their respective owners.
User Content; User Conduct
You may only use the Site and other Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
- copy, reproduce, or improperly use or access any content you access or obtain from the Site or the Services;
- modify, distribute, re-post or sell any content you access or obtain from the Site or the Services except as permitted on the Site or Services;
- circumvent or disable any content protection system or digital rights management technology used with any Services;
- decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; remove identification, copyright or other proprietary notices in or on the Services use the content on our Site for any commercial exploitation whatsoever. disrupt or interfere with the security of, or otherwise abuse, our Site, or any of our Services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; access content, data or portions of our Site that are not intended for you, or log onto a server or account that you are not authorized to access; attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization; access any Services or our website through any automated means, such as “robots,” “spiders,” or “offline readers”; interfere or attempt to interfere with the use of our website or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our website; harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our website or affiliated or linked sites;
- post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties;
- upload, post, or otherwise transmit through or on our Site any viruses or other harmful, disruptive, or destructive files;
- use, frame, or utilize framing techniques to enclose any Epilogg trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Epilogg’s express written consent;
- use meta tags or any other “hidden text” utilizing a Epilogg name, trademark, or product name without Epilogg’s express written consent;
- deeplink to our Site without Epilogg’s express written consent;
- create or use a false identity on our Site, share your account information, or allow any person besides yourself to use your account to access our Site (except as permitted in on the Site;
- harvest or otherwise collect information about Epilogg users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.
Content You Submit
In the event that you submit content (images, video, textual work, sound works, other data), you agree that any such submission will be in compliance with all terms herein. As to content that you have ownership of (“Your Content”), you grant Epilogg and our afﬁliates a non-exclusive, royalty-free, license to use, reproduce, publish, translate, distribute, broadcast and display Your Content throughout the world in any media. You also grant Epilogg and our affiliates a right to adapt or modify such content as needed for certain display or broadcast reasons (for example, modification or re-sizing of images or video for a mobile browser or for accessibility reasons). We will not sell, or create derivative works from, Your Content without your express permission. You grant Epilogg and our afﬁliates the right to use the name you submit in connection with Your Content, if we so choose.
Third Party Links and Services
Our Site and Services may contain links to other websites or services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third parties found on or through the Site or Services, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that Epilogg will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Site or Services.
You hereby release and discharge Epilogg and any affiliates from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the Epilogg Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release Epilogg and the Epilogg Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Epilogg and the Epilogg Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT Epilogg IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Epilogg HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL EPILOGG’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Our website is controlled, operated, and administered by Epilogg from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Site have been designed to comply with the laws of the State of Minnesota and of the United States. Epilogg makes no representation or warranty that the materials contained within our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the website are illegal is prohibited.
By accessing or otherwise using the Site and Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any of our Site or Services.
DMCA Copyright Policy
Epilogg respects the intellectual property rights of others, and we require users of our Site and Service to do the same. Site and Service users remain the original copyright owner in all content provided on the community. Use of the material in a manner that is inconsistent with the terms and conditions set forth herein is strictly prohibited.
Epilogg has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C § 512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Epilogg’s Copyright Agent:
- Information reasonably sufficient for Epilogg to contact you: name, address, phone and e-mail address (if available);
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
- Information reasonably sufficient to permit Epilogg to locate your work on the site;
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Epilogg by mail or email as set forth below:
287 6th St. E, Suite 140
Saint Paul MN 55101
Governing Law; Dispute Resolution
Limitation of Actions Brought Against RO
You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Epilogg to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to the Site, Services or these Terms, you may contact a representative of Epilogg at
Ready Okay LLC
287 6th St. E
Saint Paul MN 55105