Terms of Service

1. Preamble

These are official terms and conditions and form a legally binding agreement between you and EPICAFRI LTD, (“we”, “us,” “our,” or any other first-person plural pronouns; the “Provider”), the Provider of the website located at http://www.Epicafri.com, regarding your use of the internet website located at https://www.Epicafri.com and at https://www.Epicafri.premium (collectively, the “Website”). The Provider provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. Please read them carefully.
When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our repeat copyright infringer policy and our privacy policy. Such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service.
Through the Website and under the conditions stipulated in these Terms of Service, the Provider allow the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.

2. Access

By accessing the Website, you certify that:

  • you are at least 18 years of age or the age of majority under the laws of your state, province or country; and
  • you know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms of Services you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing; and
  • you will use the Website solely for personal and non-commercial purposes; and
  • you will not download, copy or distribute any part of the Website for any commercial purpose; and
  • you will not alter, delete, add, change or edit any of these Terms of Services, and any such attempted alteration shall be void and of no effect.

3. Intellectual Property Rights

To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.

As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portions of the Website (including, without limitation, the “PREMIUM” tab premium content). You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms of Service. You may obtain access to your billing records regarding charges of your use of the Website upon request as may be required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.

4. Free Content and the “PREMIUM” Tab

Our Website is made up of a combination of content and features that are available to users free of charge and some that are only made available to users who have paid for a premium membership. Users who have purchased a premium membership will see a “PREMIUM” tab on the main display of the Website’s homepage. Selecting the “PREMIUM” tab gives access to premium content that is only accessible to premium members. Content not appearing on the “PREMIUM” tab is made available to all users, free of charge. Unless separately agreed otherwise with the Provider, Submissions (defined below) are displayed in the free areas of the Website, not on the “PREMIUM” tab, and will be available to all users.

5. Intellectual Property Rights

The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all Website‘s software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively (“Content”) and the trademarks, service marks and logos whether or not registered contained therein (“Marks”), are owned by or licensed by the Provider and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners.

6. No User Submissions

Please note that we do not allow users to submit or upload any content to the Website. All content on the Website is created and managed by EPICAFRI LTD or its authorized representatives.

7 Complaints Policy

7.1 Reporting Content: Users are encouraged to promptly report any content on the Website that they believe may be illegal or in violation of our standards. To report content, please follow the steps outlined on the Website. We take these reports seriously and appreciate your cooperation in maintaining a safe and respectful online environment for all users.

7.2 Review and Resolution: Upon receiving a complaint report, our dedicated team will diligently review the matter. We are committed to addressing and resolving reported complaints promptly and fairly. Our goal is to resolve all complaints within seven business days of receiving the report.

Handling Complaints:

  1. Submission: To initiate a complaint, users should navigate to the designated reporting section on the Website.

  2. Provide Details: When submitting a complaint, please provide as much information as possible, including specific details about the content in question, and the reasons for your concern.

  3. Confidentiality: We respect the privacy and confidentiality of those reporting complaints. Your identity will be kept confidential unless required by law.

  4. Investigation: Our team will thoroughly investigate all reported complaints, ensuring a fair and impartial evaluation.

  5. Resolution: Once the investigation is complete, we will take appropriate action to address the issue. This may involve removing or restricting access to the content, issuing warnings, or taking other necessary measures.

  6. Communication: Users who have reported complaints will receive updates on the progress of the investigation and the outcome of the resolution process, whenever possible and as applicable.

  7. Feedback: We value your feedback and encourage users to provide input on our complaints handling process. Your insights help us continually improve our services.

7.3 Appeal Process: Users have the option to appeal any decision within 48 hours of its issuance by following the process outline.

  1. Review the decision carefully to understand the reasons behind it.
  2. Prepare a clear and concise explanation of why you believe the decision should be reconsidered.
  3. Provide all necessary information and documentation to support your appeal.
  4. Respect the 48-hour time window for submission.
By following these steps, you can ensure your appeal is properly considered within the specified time frame.

We are committed to maintaining a safe and welcoming online community for all users. Your cooperation in reporting inappropriate content is crucial in achieving this goal. Thank you for being a responsible member of our community.

If you have any questions or need further assistance regarding our Complaints Policy, please contact our customer support team via the designated contact channels provided on the Website.

 

8. Premium Content

We may, from time to time, make certain premium content (collectively, “Premium Content”) available to members of our EPICAFRI PREMIUM service on the “PREMIUM” tab. All Premium Content, which is licensed from various third-party content owners, comprises proprietary information and valuable intellectual property of the third-party content owners who have provided the Premium Content, and those third-party content owners retain all right, title, and interest in the Premium Content. Accordingly, Premium Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Premium Content. Modification or use of all or any portion of the Premium Content except as expressly provided in these TOS violates the Premium Content owners’ intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Website. You acknowledge and agree that, in order to access Premium Content, we may (i) require you to create a user login account for the Website; and/or (ii) charge you a fee.

9. Fees and Billing / Cancellation

You agree to pay all membership fees when due according to the billing terms. We post the current membership fees for the EPICAFRI.PREMIUM service as part of the account registration process. We reserve the right to change membership fees at any time, with prior notice to you. At the time of account registration, you must select a payment method. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing.

You authorize us and our agents to make payments for the services provided to you through the Website by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of our goods or services, including subscriptions.

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 4 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

Since you subscribe to a digital product, it is deemed “used” after watching any video or opening. If for some reason you were not able to watch any video and you want a refund then claims for full refund must be submitted within 4 days from the date of the purchase. A digital product is considered received and downloaded if no claim was submitted.

The billing system used by Provider or our authorized agents provides extensive credit card fraud protection measures and the Website includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment and user not able to view or watch the video paid for.

EPICAFRI acknowledges that all subscription fees are charged automatically on a recurring basis until the user cancels their channel subscription (both week-to-week, month-to-month and annual plans). The user may cancel their subscription by logging into their EPICAFRI Account and going to the applicable channel or billing page, clicking settings, and choosing the “Change” or “Cancel” options under subscription and billing. A confirmation email receipt is sent to the user with the expiration date of the subscription. Please keep in mind that you are solely responsible for properly canceling your account. You must email support before or on the payment due date. However, you can also contact support if you are having difficulty or need help.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
  • SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

PROVIDER PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROVIDER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN ALL CASES, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

12. Notices to Epicafri

General inquiries regarding the Website and services provided by the Provider may be made by using this online form.

The Provider respects the intellectual property rights of third parties. If you wish to send a copyright infringement notice, please use our procedures and submit a take down request with this form. Failure to use Provider’s online form for alleged copyright violations may delay our review.

Contact us for other content-related issues, such as reporting inappropriate content can be made here.

It is important to use the right form or contact method as failing to do so could slow down your request or even cause it to be left unnoticed.

13. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of the United Kingdom without regard to conflict of law provisions.
You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with the Provider for no less than thirty (30) calendar days. Those amicable consultations shall commence upon Provider’s receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of the Provider : 17 King Edwards Road, RUISLIP, London, HA4 7AE, UNITED KINGDOM

14. General

These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and the Provider. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.

We reserve the right to amend these terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms of Service, you are advised to periodically review the most up-to-date version of these terms on this page, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

15. Other

15.1. Age Restriction

15.2. Adults Only: The Website is intended for adults aged 18 and older. By using the Website, you confirm that you are of legal age to view adult content in your jurisdiction.

In case you are a consumer, you represent and warrant to us that we provided you with information to the extent required by applicable consumer protection legislation in advance before entering into a contract. We hereby inform you of your right to withdraw from the contract for any reason, in order to do so, you must inform us in writing within 4 days from the conclusion of the contract. If you withdraw from the contract after the Provider start providing the services within above mentioned period, we may request payment of the services you have already used. The minimum period of service is for 1 week. The contract is concluded for an indefinite time period, you may terminate the contract at any time for any reason by canceling your subscription. You have a right to submit a warranty claim to the Provider and the Provider is obliged to accept this claim and deal with it. The claim must be submitted to the Provider without undue delay, no later than within two months from the date of the defective provision of the Service. The Provider is obliged to deal with the claim without undue delay within one month from submission of the claim. If the Provider finds the claim justified and the defect can be fixed, a consumer may demand either a repair or supplementing what is missing, or a reasonable price reduction. If a defect cannot be fixed and prevents the proper use of the Service, the consumer may either withdraw from the contract or demand a reasonable price reduction.

16. Changes to Terms

16.1. Modification: We reserve the right to modify these Terms of Service at any time. The most recent version will be posted on the Website, and your continued use of the Website constitutes acceptance of any changes.

17. Contact Information

17.1. Questions: If you have any questions about these Terms of Service, please contact us at [email protected]

Last updated: 06/09/2023

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