Forum Terms & Rules
Echo360, Inc. ("Echo360," "we," or "us") provides access to information and content through our website accessible at the URL www.echo360.com (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").
PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, AND (iii) AGREE TO BE BOUND BY THEM. NOTE THAT THE SITE AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS LESS THAN 13 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, OR IF YOU ARE NOT AT LEAST 13 YEARS OLD, WE ARE UNWILLING TO AUTHORIZE YOU TO USE THE SITE OR THE SERVICES.
I. ACCESS TO OUR ONLINE SERVICES AND TOOLS
A. Access to Features of Online Services
For so long as you agree to these Terms and abide by them, you may use the Site and the Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools").
B. Account Registration.
To access some sections or features of the Site and/or to obtain some Services, you may need to create an account through our registration process. If you choose to register, you agree to provide only accurate and complete registration information, including your real name. Each account is for your personal use only and not for use on behalf of any other person or entity. If you register, you may not permit others to use the Site and/or Services under your account. You are solely responsible for any activity that occurs through your account and for preventing unauthorized use, and you are solely responsible for the security and confidentiality of your password. You must notify us immediately of any breach of security or unauthorized use of your account. WE WILL NOT BE LIABLE FOR ANY DAMAGES YOUR SUFFER THAT ARE CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
C. User Content
We may offer some users access to features of the Site that enable posting of information, opinions, feedback, photos, videos and/or other content within sections of the Site, including, by way of example, creation of blogs (all such content, “User Content”). WE MAKE NO GUARANTEE THAT WE WILL OFFER YOU ACCESS TO THOSE FEATURES OR THAT YOU WILL HAVE ANY ABILITY TO POST USER CONTENT. If you are younger than 18 years old, you are not authorized to post User Content. By creating an account or posting User Content, you are representing to us that you are at least 18 years old.
You may not post any User Content unless and until you have obtained authorization to do so from all third parties who hold copyrights or other proprietary interests in that User Content. If you post any content that depicts real persons, you agree to obtain any releases from those persons that may be necessary to authorize your posting and our use thereof. Whenever you post User Content, you are representing and warranting to us that you have the right to do so, and that our use, publication, display, performance, exhibition, and digital transmission of the User Content, and the acts of modifying, adapting, translating or creating derivative works of the User Content, will not infringe the copyrights, privacy rights, publicity rights, or trademark rights of any third parties. You also represent and warrant that no User Content that you post will contain any virus, worm, trojan horse, or any code designed or intended to harm, surreptitiously monitor or steal data or computer systems of others.
Because Echo360 desires to foster vibrant public discussions via the posting and exchange of User Content, we require you to comply with our Community Code of Ethics, which we may revise from time to time. To read the rules, click here. Those rules are an integral part of these Terms, and you agree to abide by them. In any event, if we offer you access to features of the Site that enable you to post User Content, you may not post any User Content that (i) infringes any copyrights or trademarks or any third party, or misappropriates any third-party’s confidential information, (ii) violates a person’s rights of privacy or rights of publicity; (iii) is fraudulent or misleading; (iv) is obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive; (v) that impersonates any other person; or (vi) that is otherwise unlawful.
YOU ACKNOWLEDGE THAT WE DO NOT ENDORSE THE POINT OF VIEW REPRESENTED IN ANY USER CONTENT, AND WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY OR USEFULNESS OF ANY USER CONTENT. YOU AGREE THAT IN NO EVENT WILL WE BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES CAUSED BY USER CONTENT. WHILE IT IS NOT OUR POLICY TO EDIT, COMMENT UPON, CENSOR, OR RESTRICT THE VIEWS EXPRESSED IN ANY USER CONTENT, WE RESERVE THE RIGHT TO REMOVE OR PREVENT ACCESS TO ANY USER CONTENT THAT, IN OUR SOLE OPINION, VIOLATES THE RULES FOR ETHICAL BEHAVIOR, VIOLATES ANY PROVISIONS OF THESE TERMS, OR THAT IS OTHERWISE INAPPROPRIATE.
D. Privacy
In the course or accessing and/or using the Site, the Services and/or the Downloadable Tools, we may obtain information about you, or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Downloadable Tools, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Downloadable Tools.
You understand that User Content is not confidential. Accordingly, if you post User Content to the Site, you acknowledge that any information about you contained in that User Content may be accessed by members of the public, and that the Privacy Policy does not apply to that information. If you wish to maintain the confidentiality and privacy of any particular information or content, you must not post it to any sections of the Site as User Content.
E. General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell access to the Site or Services to any third-party. You may use the Site, the Services and Downloadable Tools only for your personal, non-commercial purposes. You further agree not to combine or integrate the Services and/or any Downloadable Tools with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Services or Downloadable Tools. Other than Downloadable Tools, you acknowledge that no license to use any software is granted by these Terms. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Tools is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services, the Site or Downloadable Tools to: (a) violate any local, state, national or international law; (b stalk, harass or harm another individual; © collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
F. Use of Third-Party Offerings
You may be able to access websites, content or services provided by third-parties through links that are made available on the Site. Additionally, from time to time we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not ordinarily required in order to access and/or use the Services. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
G. Ownership
As between you and us, we (and/or our vendors and suppliers) retain all right, title and interest in and to the Site, the Services, and all Downloadable Tools, and all related intellectual property rights. You are permitted to view User Content, but no license is granted to you under any copyrights in the User Content, so you are not allowed to copy, distribute or otherwise use the User Content posted by others, unless you first obtain permission from the applicable copyright holders, or unless the law otherwise provides.
As between you and us, you own the copyrights in the User Content that you post to the Site. However, you grant to us an unlimited, royalty-free, worldwide, irrevocable license under all copyrights in the User Content. You also grant to us a license to use and display any trademarks contained in the User Content, but only as contained therein, without modification. You represent and warrant that you have the right to grant these licenses to us. You agree that we will have the right to display User Content in connection with marketing the Site, Services, Downloadable Tools and any other offerings of Echo360 and its affiliates.
II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICE, THE SITE, THE DOWNLOADABLE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT THAT YOU POST. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS OR ANY USER CONTENT WHATSOEVER. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE TO US.
B. Limitation Of Liability
USE OF THE SITE, SERVICES AND/OR ANY DOWNLOADABLE TOOLS IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF ACCESS TO THE SITES, THE SERVICES, AND ANY DOWNLOADABLE TOOLS, AND WE WOULD NOT PROVIDE THAT ACCESS TO YOU WITHOUT THIS LIMITATION.
C. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND ECHO360 (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PARTY, FROM ANY VIOLATION OF THESE TERMS OR FROM ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES.
III. TERM AND TERMINATION
These Terms will become effective and binding when you first use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to terminate these Terms and your access to the Site and Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections [I.B, I.C, I.D, II, III, and IV] will survive the termination of these Terms.
IV. MISCELLANEOUS MATTERS
A. Copyrights
It is our policy to respect the copyrights of others. If you believe your copyright has been violated by any User Content or Third-Party Offerings accessible on or through the Site or Services, please contact us by email at community_admin@echo360.com.
B. Modifications to Terms
We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site, the Services and the Downloadable Tools. Continued use of the Site, the Services and/or any Downloadable Tools following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Site and Services and certain Downloadable Tools may be subject to additional contractual terms of use. By using the same, you agree to be bound by those additional terms of use, which will form an integral part of the agreement between you and us. In the event that any of the additional terms conflict with these Terms, the additional terms will govern.
C. Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SITE OR THE SERVICES.
D. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Downloadable Tools. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Virginia. In any dispute between us, we reserve the right to require resolution of that dispute via binding arbitration, to be conducted in the Commonwealth of Virginia according to the rules of the American Arbitration Association. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. Your rights and obligations under these Terms are non-transferable and non-assignable. You agree that any claim or cause of action you may have related to the Site, the Services, the Downloadable Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.
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