PODCAST TERMS OF USE AND DISCLAIMER

YOUR USE OF THIS WEBSITE AND ANY (AUDIO/VISUAL) PODCAST(S) PROVIDED HEREIN (COLLECTIVELY “PODCAST”) IS SUBJECT TO (1) THESE PODCAST TERMS OF USE AND DISCLAIMER AND (2) WEB SITE PRIVACY POLICY, WHICH IS PROVIDED AT http://www.epsilon.com/privacy-policy/ (COLLECTIVELY, “TERMS OF USE”). 

BY ACCESSING AND USING THE PODCAST, YOU ARE AGREEING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE SAME.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PODCAST AND MUST EXIT THIS WEB PAGE.   FURTHER, THESE TERMS OF USE MAY BE MODIFIED OR AMENDED FROM TIME TO TIME WITHOUT NOTICE TO YOU.  IT IS, THEREFORE, YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE EVERY TIME YOU USE THE PODCAST.

1.         INTRODUCTION – LIMITED PERSONAL USE OF THE PODCAST

The Podcast is being provided by Epsilon for your personal use for general informational purposes only.  All comments, discussions, materials, and information provided by the participants in the Podcast (“Podcast Content”) are strictly their own opinion and do not constitute any official position or views of Epsilon. Further, Epsilon does not guarantee the accuracy or completeness of the Podcast Content.  Accordingly, Epsilon shall not be responsible for any inaccuracies or omissions in the Podcast Content.  Further, Epsilon does not guarantee your continued access to the Podcast.  Epsilon may, in its sole discretion, amend, change, modify, or otherwise discontinue any Podcast or Podcast Content at any time without any notice to you. 

You may distribute or transmit the Podcast, including providing hyperlinks to the Podcast on your web site, provided that all such use includes express attribution of Epsilon as the source of the Podcast.  Notwithstanding, the Podcast or any portions thereof shall not be used for any commercial purposes, including in connection with any advertising or promotional materials without Epsilon’s express written consent. You agree that you will not use, upload or transmit any Podcast in a matter that may infringe upon, misappropriate, or violate any rights of any party. Epsilon expressly reserves the right, in its sole discretion, to terminate your access to the Podcast and/or to any or all other areas of the Web site due at any time, including due to your violation of the Terms of Use.  Further, you shall not upload, direct, or associate any derogatory, defamatory, or other negative comments with the Podcast.  Doing so will violate these Terms of Use and shall result in the  termination your right to use the Podcast. 

You may have obtained access to the Podcast through third party web sites or links.  Epsilon does not have any control over such third party sites or links and all future use of the same is subject to the third party’s terms of use.  Epsilon does not guarantee or support any third party sites or links. 

2.         DISCLAIMER; Limitation of liability; AND choice of law

THE PODCAST, PODCAST CONTENT, AND ALL RELATED SERVICES ARE BEING PROVIDED HEREIN AS IS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PODCAST.  NO ADVICE IS BEING PROVIDED TO YOU BY EPSILON THROUGH THE PODCAST. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES IN THE PODCAST DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY EPSILON OF SUCH PRODUCTS OR SERVICES UNLESS EXPLICITLY STATED OTHERWISE.

EPSILON AND ITS AFFILIATES, PODCAST PARTICIPANTS, AND OTHER THIRD PARTIES MENTIONED IN OR ASSOCIATED WITH THE PODCAST SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PODCAST OR PODCAST CONTENT, EPSILON’S PRODUCTS/SERVICES, OR ANY MATERIALS PROVIDED IN CONNECTION WITH THE PODCAST, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PODCAST IS TO STOP USING THE PODCAST. YOU SHALL INDEMNIFY EPSILON AND ITS AFFILIATES, PODCAST PARTICIPANTS, AND OTHER THIRD PARTIES MENTIONED IN OR ASSOCIATED WITH THE PODCAST AGAINST ANY CLAIMS, DAMAGES, OR LIABILITY ARISING FROM OR ASSOCIATED WITH YOUR USE OR TRANSMISSION OF THE PODCAST OR PODCAST CONTENT, WITHOUT LIMITATION.  THESE TERMS OF USE ARE GOVERNED BY TEXAS LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.  

3.         INTELLECTUAL PROPERTY

Except as expressly noted otherwise, the Podcast and Podcast Content, including all audio, video, text, graphics, photos, images, and software, constitute the property of Epsilon or their respective owners and are protected by United States and international laws, including copyright laws. Epsilon is permitting you to use the Podcast subject only to all the terms and conditions of this Terms of Use solely for your personal, noncommercial use.  Any rights not expressly granted by these Terms of Use are expressly reserved.   

EPSILON and the EPSILON Logo (collectively, “Epsilon Marks”) are trademarks of Epsilon.  Use of the Podcast does not provide you with any right or permission to use any Epsilon Marks, except the obligation to accurately attribute the source of the Podcast to Epsilon.  No such use shall, however, include the use of the Epsilon Logo or any use of the Epsilon Marks to suggest or convey that you or your business or web site is somehow affiliated with, related to, or associated with Epsilon in any way.

4.         DMCA

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Podcast infringe your copyright, you may send us a notice requesting that the material be removed, or access to it blocked.  In accordance with the DMCA, Epsilon has designated the following agent to receive notification of alleged copyright infringement in accordance with the DMCA at privacy@epsilon.com

5.         CONTACT US

If you have any questions about these Terms of Use or to request more information regarding the same, email us or send correspondence to:

North America

privacy@epsilon.com

 

Epsilon

Privacy Manager

6021 Connection Drive

Irving, TX 75039

 

EU and EEA region

emeaprivacy@epsilon.com

 

Epsilon International

Attention: Privacy

Teddington House

67 Broad Street, Teddington

Middlesex TW11 8QZ, UK

 

Asian-Pacific region

apac-privacy@epsilon.com

 

Epsilon

Attention: Privacy

Room 2601, 26/F

Hopewell Centre

183 Queen’s Road East

Wanchai, Hong Kong