Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using service EPGGUIDE (the “Service Provider”) operated by WideIT LLC
You agree to use the Site only in accordance with the Terms, whether you are a “Visitor” (which means that you simply visiting and browsing) or you are a “Member” (which means you have registered to the Site). The term “User” means a “Visitor” or a “Member.” These Terms apply to all Visitors, Users, Members and others who access or use the Site and its Features.
By accessing or using the Site you agree to be bound by these Terms. If you do not agree with the Terms, do not use this Site or any of its features.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site and Features after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Service Provider with respect to your use of the Site.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
By using the site and its features, you represent and warrant that
you are not a minor and may otherwise enter into and form binding contracts under applicable law;
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information; and
your use of the Site and its features does not violate any applicable law or regulation.
Accounts & Use of Service
By registering on the site to become a Member, you confirm, that you are at least 13 years old. You are allowed to register only one account using a valid, non-disposable email address. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Users are allowed to use the received data to their private customers in a non public manner through their own server technology or other solution for their needs, within limitations and in accordance of other parts of this agreement. it is prohibited to resell the service as a whole or any part of it in a “B2B” manner.
You agree not to use the Site for any unlawful purpose, not to rent, disclose, publish, sell, assign, lease, sublicense, market or retransmit the Site, the Service in any way including any use of external servers, software, technology or use it in any manner not expressly authorized by the Terms. You agree not to connect to the site through VPN, Proxy or any other technology used to hide your true identity and not to copy, reverse engineer, translate, port, modify or make any works of any portion of the Site.
Service & Termination
We offer service monthly, quarterly, half-yearly or annually based on your decision. You will pay us for use of the Services in advance as described on the Site using one of the payment methods we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. All services are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued for all Services and Payment Methods. if a dispute ending in a refund, we will deduct €10 handling fee from the amount being refunded. Fees or new products/services/features will be effective directly when we post updated fees on the Site. We may change Site or Service offerings, features, functionality or add new fees for any existing Services from time to time. We will notify you of any material change to or discontinuation of the Service or Site Offerings.
The Service Provider makes its business available to User as hosting provider and therefore as an intermediary on Internet. the Service provider is not obliged to actively monitor content and usage by Users. User are responsible for their data and the Service provider declines any responsibility for Users’ data. However, Users acknowledge and agree that the Service provider reviews Users’ content when it receives notification that such content is inadmissible, when requested to do so by an authority or a court, or when it could make itself legally responsible. the Service provider is entitled to carry out spot checks independently of this. The Service provider shall decide at its own discretion whether to report any offences to the presumed competent authorities.
The Service Provider provides its services professionally, the Service Provider accepts no liability whatsoever for the services such as, in particular, for the absence of errors or the sustained, continuous and complete functionality and availability of its services. The services may be temporarily partially or completely unavailable, in particular for technical reasons.
Any liability on the part of the Service provider in connection with the offer is excluded. Any liability on the part of the service provider in connection with the service for consequential damages or indirect damages, for loss of profit and for auxiliary persons is excluded.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
if we believe providing the Services could create a substantial economic or technical burden or material security risk for ourself
in order to comply with the law or requests of governmental entities
if we determine use of the Service Offerings by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users who violate these terms or and use of the services, offers leads to claims by third parties against the Service provider shall indemnify the Service provider from all such claims and undertake to indemnify the Service provider against all claims and associated costs such as, in particular, legal costs and court costs. The Service provider is entitled to take all legal and other steps at its own discretion. In particular, the Service provider is entitled to block Users and IP addresses used at any time without giving reasons.
You may terminate this Agreement for any reason and without further notice at the end of your active subscription by deleting your account. Contact us with subject “Delete Account” and your registered email.
The Service Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Site may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
By displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to The Service Provider a irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site. From time to time, we may remove Content from the Site, permanently or temporarily.
You represent and warrant that:
you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and
the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site also contains Content provided by The Service Provider, including, without limitation, text, images and logos (“The Service Provider”). The Service Provider is protected by copyright, trademark, patent, trade secret and other laws, and Service Provider owns and retains all rights in the Service Provider Content and the features and functionality of the Site. Service Provider hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Service Provider Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
You agree to not use the Site to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable harm minors in any way forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
intentionally or unintentionally violate any applicable local, state, national or international law and/or.
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above..
You are responsible for your use of the Site, development, operation, maintenance, your Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.
eg you are responsible for:
the technical operation of Your Content, including ensuring that calls you make to our or any other Service are compatible with then-current APIs and SDKs for that Service.
compliance of Your Content with our Policies, and the law.
any claims relating to Your Content; and
properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
You are responsible for properly configuring and using the Service Offerings and Your Content to maintain appropriate operation. EPGGUIDEs log-in credentials, App and API keys generated by the Services are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
Intellectual Property Rights
EPGGUIDE respects the intellectual property of others, we require all users to do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the account of any User we suspect to be an infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us with following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- description of the copyrighted work or other intellectual property that you claim has been infringed
- description of where the material that you claim is infringing is located on the website
- address, telephone number, and email
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of claims of copyright or other intellectual property infringement can be reached by the provided “Contact Us” page of this website.
The Service Provider is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Service Provider Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of Service Provider. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Service Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Service Provider. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Service Provider. When you access these third party sites, you do so at your own risk.
Service Provider takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Service Provider is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Service Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Service Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Service Provider be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Service Provider shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The Site is provided “AS-IS” and as available and The Service Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Service Provider cannot guarantee and does not promise any specific results from use of the Site.
In no event shall we be liable for any damage, claim or loss incurred by you, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in this use agreement are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred u.s. Dollars ($100).
You agree to indemnify and hold The Service Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into the terms.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Service Provider regarding the use of Site and its services and features. The failure of The Service Provider to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.