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Terms & Conditions

TERMS OF USE

Last updated: November 30, 2011

Please read these Terms of Use carefully, as they constitute a binding agreement (the “Agreement”) between you and Epilogger Inc. (“Epilogger”).  In particular, this Agreement governs your use of Epilogger, whether such use be over the Internet at www.epilogger.com (the “Web Site”) or whether such Web Site is accessed through your mobile or other wireless device, and your use of any of Epilogger’s services, software, information, text, graphics, photos or other material uploaded, downloaded or appearing as Epilogger’s services provided through the Web Site or elsewhere (the “Service”).  This Agreement exempts Epilogger and other persons from liability or limits their liability and contains other important provisions that you should read.  By using the Web Site (which includes visiting, accessing and browsing the Web Site), you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement.  You must agree to this Agreement in order to use Epilogger’s Service and Web Site. 

Each time you use the Web Site, the text of this Agreement, as it then reads, will govern your use.  Accordingly, when you use the Web Site, you should check the date of this Agreement and review any changes since the last time you visited.  The changes will be clearly shown in the revised document for ease of reference.  The Web Site and the Service are always evolving and may be modified with reasonable notice.  If you have any questions about this Agreement, the Web Site, the Service or Epilogger, please email us at contact@epilogger.com.

Please note that the Web Site may be used only by those who are 13 years of age or older.  If you are 13 years of age or older, but have not reached the age of majority or legal age in Canada, you must have permission from a parent or guardian to use Epilogger.

1.                  YOUR ACCEPTANCE OF THIS AGREEMENT

This is an agreement between you and Epilogger, and governs your use of the Web Site and its content and the Services provided through the Web Site.  Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.  If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site and Service. 

 

2.                  CHANGES TO THIS AGREEMENT

You may not change, supplement, or amend this Agreement in any manner.  However, Epilogger may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, with reasonable notice and without liability to you or any other person.  You should check for revisions to this Agreement each time you log into the Web Site.

3.                  PERMITTED USERS AND ACCESS

The Web Site may be used only by those who are 13 years of age or older.  If you are 13 years of age or older, but have not reached the age of majority or legal age in Canada, you must have permission from a parent or guardian to use Epilogger.  The parent or guardian, along with all users who have reached the age of majority or legal age in their jurisdictions, must also be able to form legally binding contracts under applicable law.  The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited.  It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

4.                  INFORMATION SUBMISSIONS

All information you provide through the Web Site, including registration information (name, email address, birthday, time zone information), must be true, accurate, current and complete.  You must also provide Epilogger with updated registration information within 30 days of any changes.  The collection, use and disclosure of your personal information is governed by Epilogger’s Privacy Policy, which can be viewed at Privacy Policy.   

Epilogger will rely on the information you provide.  You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Epilogger or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information, as applicable, within 30 days of any change.  Epilogger may require a copy of a government-issued form of identification before making any changes to your registration information.

5.                  OWNERSHIP OF CONTENT AND LICENSING

All content and information provided, posted, published, linked to/from or uploaded by the users of the Web Site, including but not limited to, postings, messages, pictures, videos, texts, hyper-links, data, and sound files (“Uploaded Content”) is the sole responsibility of the users who share such content.  Epilogger is not responsible for and does not control user generated content.  Epilogger does not represent, support, approve, or guarantee the completeness, truthfulness, accuracy or reliability of Uploaded Content.  By using Epilogger you may be exposed to Uploaded Content that may be harmful, offensive, misleading, inaccurate, deceptive or otherwise inappropriate and Epilogger is in no way liable or responsible for this type of content.  Epilogger is not responsible for removing this type of content but may, at its absolute discretion, remove or edit any Uploaded Content without notice to the user responsible for the content.

You retain your rights to any Uploaded Content that you provide to Epilogger.  By providing Uploaded Content to Epilogger, you grant Epilogger a worldwide, non-exclusive, royalty-free license to use, copy, distribute, process, adapt, modify, publish, and transmit such Uploaded Content in any and all media or distribution methods, even where such Uploaded Content contains, consists of, or includes content covered by intellectual property rights.  By providing Epilogger with Uploaded Content, you grant Epilogger a right to sublicense and allow Epilogger to distribute such Uploaded Content to other companies, organizations or persons who partner with Epilogger for the syndication, consolidation, broadcast, distribution or publication of such Uploaded Content. 

You are responsible for your use of the Service and for your Uploaded Content.  You understand that, by providing Epilogger with Uploaded Content, you represent that you have the right to submit such Uploaded Content, and you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein with respect to such Uploaded Content.  

6.                  PERMITTED USE OF THE WEB SITE

The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site, that are not Uploaded Content, are the property of Epilogger, and of its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “Epilogger Parties”), as applicable, and are protected by Canadian and international copyright, trade-mark, and other laws.  Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content.  You may only use the Web Site in the manner described specifically in this Agreement. 

The Web Site may not be used for any purpose not expressly permitted by this Agreement.  In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Epilogger.  You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site.  You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site. 

The Web Site is made available to you for your lawful use only.  You may access, browse, post, publish, link to/from or upload to the Web Site using commercially available, SSL-capable Web browser software.  You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.  You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Website or Service or creating any other undue burden on the Web Site or through the Service.  You understand that your account with Epilogger and your ability to access and use the Service is dependent on your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in termination of your ability to access and/or use the Web Site or Service.        

7.                  PRIVACY

All information you provide to Epilogger is subject to its Privacy Policy, which can be found at Privacy Policy.  Epilogger’s Privacy Policy governs the collection, use and disclosure of personally identifiable information. 

8.                  LOGIN INFORMATION

Web Site accounts may be accessed only by use of a unique login name and password. However, the use of a password does not restrict access by Epilogger, its service providers, subsidiaries, employees and agents to the password-protected information.  Passwords may not be shared.  For security reasons, you must keep your password confidential and not disclose it to any person or permit any other person to use it, except an authorized Epilogger representative.  Passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session. 

You (or your employer, if you use the Web Site on behalf of your employer) are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password.  You must ensure that all uses of your login name and password comply with this Agreement. 

You must immediately notify Epilogger of any unauthorized use of your login name or password, or if you know or suspect that your password has been lost or stolen, has become known to any other person, or has been otherwise compromised. 

All login names and passwords remain the property of Epilogger, and may be cancelled or suspended at any time by Epilogger without any notice or liability to you or any other person.  Epilogger is not under any obligation to verify the actual identity or authority of the user of any login name or password. 

You must respond promptly to all email and other correspondence from Epilogger, including, without limitation, email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site. 

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED.  YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. 

 

9.                  NO ADVICE OR SOLICITATION

The content of the Web Site does not constitute advice or recommendations.  You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site. 

 

10.              DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Epilogger strives to make your use of the Web Site a useful experience.  Nevertheless, Epilogger and the Epilogger Parties do not accept any liability for your use of the Web Site.  For that reason, the following provisions apply to your use of the Web Site:

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.  THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF EPILOGGER AND THE EPILOGGER PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. 

YOU (AND NOT EPILOGGER OR THE EPILOGGER PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. 

THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND EPILOGGER’S CONTROL.  THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE.  SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED. 

EPILOGGER IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.  HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.

THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS.  ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK.  EPILOGGER IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPILOGGER AND THE EPILOGGER PARTIES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

           THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;

          THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

           THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

           PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;

           THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR

           THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

EPILOGGER AND THE EPILOGGER PARTIES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. 

LIABILITY EXCLUSION

EPILOGGER AND THE EPILOGGER PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EPILOGGER OR ANY OF THE EPILOGGER PARTIES OR ANY PERSON FOR WHOM EPILOGGER OR ANY OF THE EPILOGGER PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT EPILOGGER OR THE EPILOGGER PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. 

LIMITATION OF LIABILITY

IN NO EVENT WILL EPILOGGER OR THE EPILOGGER PARTIES BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EPILOGGER, THE EPILOGGER PARTIES OR ANY SUCH PERSONS FOR WHOM EPILOGGER IS RESPONSIBLE.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF EPILOGGER AND THE EPILOGGER PARTIES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE. 

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF EPILOGGER AND THE EPILOGGER PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT.  YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.  YOU FURTHER AGREE TO INDEMNIFY EPILOGGER AND THE EPILOGGER PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.

ADVICE AND INFORMATION PROVIDED BY EPILOGGER OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. 

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions.  Such legislative limitations may apply to you. 

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement. 

11.              TERMINATION OF THIS AGREEMENT

If you breach any provision of this Agreement, you may no longer use the Web Site and Service. 

Epilogger may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. 

Epilogger may at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and Service and your login name and password. 

If this Agreement or your permission to use the Web Site or Service is terminated by you or Epilogger for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of Epilogger through the Web Site and anything connected with, relating to or arising from those matters. 

12.              EPILOGGER BRAND INFORMATION

Epilogger logos are trade-marks and/or trade-names owned by Epilogger.  Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service marks of their respective owners.

Any use, including reproduction, of the trade-names, trade-marks, service-marks and logos displayed on the Web Site (collectively, the “Marks”), except as expressly provided in this Agreement, is strictly prohibited.  Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site. 

13.              OTHER SITES

The Web Site may include links to other web sites, advertisements or resources and businesses operated by other persons (“Other Sites”).  Other Sites are independent from Epilogger, and Epilogger has no responsibility for, liability with respect to, or control over Other Sites, their businesses, goods, services, or content.  Links to Other Sites are provided solely for your convenience.  Links to Other Sites, including advertisements, may be targeted to the information available from the Service.  By using the Service, you agree that Epilogger and Other Sites may publish advertising on the Web Site in connection with the information available from the Service. 

Epilogger does not sponsor or endorse any Other Sites or their content or the services available through those Other Sites.  Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Epilogger arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.  As between you and Epilogger, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content. 

14.              UNSOLICITED SUBMISSIONS

Epilogger does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new or improved services or technologies, website enhancements, processes or marketing plans.  The purpose of this policy is to avoid potential misunderstandings or disputes.  Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to Epilogger or the Web Site.  However, if you do send Submissions to Epilogger or the Web Site, you automatically grant (or warrant that the owner of the Submissions grants) to Epilogger and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Epilogger or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Epilogger and its assigns. 

15.              GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario and the federal laws of Canada applicable therein,  to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws. 

Any dispute between Epilogger and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. 

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

16.              OTHER MATTERS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. 

The provisions of this Agreement will enure to the benefit of and be binding upon each of Epilogger and the Epilogger Parties and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.  You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Epilogger, which may be withheld in Epilogger’s sole discretion.  Epilogger may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you. 

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. 

You and Epilogger are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site. 

Any rights not expressly granted by this Agreement are reserved to Epilogger. 

This Agreement is subject to change without notice.