Terms of Service
Epifani Custom Sound Systems, Inc and/or its affiliates ("Epifani") provide website features and other products and services to you when you visit or shop at Epifani.com, use Epifani products or services, use Epifani applications for mobile, or use software provided by Epifani in connection with any of the foregoing (collectively, "Epifani Services"). Epifani provides the Epifani Services subject to the following conditions.
By using Epifani Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Epifani Services, and sometimes additional terms may apply. When you use an Epifani Service you also will be subject to the guidelines, terms and agreements applicable to that Epifani Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Epifani Services, to understand our practices.
When you use Epifani Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Epifani Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Epifani or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Epifani Service is the exclusive property of Epifani and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Epifani Service are trademarks or trade dress of Epifani in the U.S. and other countries. Epifani's trademarks and trade dress may not be used in connection with any product or service that is not Epifani's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Epifani. All other trademarks not owned by Epifani that appear in any Epifani Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Epifani.
One or more patents owned by Epifani apply to the Epifani Services and to the features and services accessible via the Epifani Services. Portions of the Epifani Services operate under license of one or more patents.
You may need your own Epifani account to use certain Epifani Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Epifani Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Epifani Household. Epifani reserves the right to refuse service, terminate accounts, terminate your rights to use Epifani Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Epifani reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Epifani a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Epifani and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Epifani for all claims resulting from content you supply. Epifani has the right but not the obligation to monitor and edit or remove any activity or content. Epifani takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Epifani are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Epifani does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Epifani does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping & Returns page.
Epifani attempts to be as accurate as possible. However, Epifani does not warrant that product descriptions or other content of any Epifani Service is accurate, complete, reliable, current, or error-free. If a product offered by Epifani itself is not as described, your sole remedy is to return it in unused condition.
SANCTIONS AND EXPORT POLICY
You may not use any Epifani Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Epifani Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Epifani Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE EPIFANI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EPIFANI SERVICES ARE PROVIDED BY EPIFANI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EPIFANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EPIFANI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EPIFANI SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EPIFANI SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, EPIFANI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPIFANI DOES NOT WARRANT THAT THE EPIFANI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EPIFANI SERVICES, EPIFANI’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EPIFANI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EPIFANI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EPIFANI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EPIFANI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
By using any Epifani Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Epifani.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Epifani Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Epifani Custom Sound Systems, Inc.
P.O. Box 70188
Staten Island, NY 10307