Please use the form below for support related comments or questions.
Please use the form below for support related comments or questions.
TERMS AND CONDITIONS OF USE
Effective Date: November 1, 2015
Echo Now, Inc. (referred to herein as “us” or “we”) is the owner and operator of the ECHO mobile application (the “Application”) and website www.myecho.is (the “Site”), which are collectively referred to herein (along with all features, content, and applications offered by us in connection the Application and/or the Site) as the “Service.”
We reserve the right to change the Terms and Conditions of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting the revised Terms and Conditions of Use on this page. You acknowledge and agree that it is your responsibility review the Terms and Conditions of Use periodically, and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and Conditions of Use and agreement to abide and be bound by the modified Terms and Conditions of Use.
1. SERVICE CONTENT: The Service and any service-related content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Service Content”), is owned by us, licensed to us, or used by us with permission, and may be subject to copyright, trademark, and/or other intellectual property rights under United States and foreign laws and international conventions. Service Content is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service Content. You agree to not engage in the use, copying, or distribution of any of the Service Content other than expressly permitted by us, including any use, copying, or distribution of third parties’ materials obtained through the Service for any commercial purposes. We may change, suspend, or discontinue any aspect of the Service and/or Service Content at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Service and/or Service Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Service and the Service Content or features that prevent or restrict use or copying of Service Content or enforce limitations on use of the Service or the Service Content therein.
2. USE OF THE SERVICE: By using the Service, you agree that (to the extent that you have granted the necessary permissions) we may access content from third party sites and services such as Facebook and Spotify (“Third Party Service”), store, render, and display such content to you through the Service. You agree that any content that you submit to a Third Party Service may be stored by us, although we are not obligated to store, or responsible for the availability of, such content. In the event that we are unable to access a Third Party Service or said Third Party Service restricts our access to your account, any content from your account may no longer be accessible through the Service. These Terms and Conditions of Use do not alter, amend, or otherwise affect your relationship with any Third Party Service which will remain governed by and subject to any agreements you have with the providers of those of such Third Party Service. those sites and services.
3. USER GENERATED CONTENT: You are solely responsible for all content of any type, including, but not limited to, text, music, photographs, and/or videos (collectively "User Generated Content") that you upload, post, email, transmit or otherwise make available on the Service. We do not guarantee the accuracy, integrity, or quality of any User Generated Content existing on the Service. We will not be liable for any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Service. You agree that any User Generated Content you submit, will not contain libelous or otherwise unlawful, obscene, or abusive material, harm any person in any way, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, infringe any patent, trademark, trade secret, copyright or other personal or proprietary rights of any person or entity, and/or contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Although we do not claim ownership of, or responsibility for, the User Generated Content you submit, contribute, or make available for inclusion on the Service, you agree that with respect to any User Generated Content you submit you hereby grant us an irrevocable, transferable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, distribute, sublicense, adapt, transmit, prepare derivatives of, publicly perform, and publicly display such User Generated Content, and to incorporate such User Generated Content into other works in any format or medium now known or later developed. The foregoing grant expressly includes a waiver of any and all so-called “moral rights” under applicable law. We reserve the unrestricted and absolute right to remove any User Generated Content from the Service at any time, for any reason (or for no reason at all). You are responsible for all User Generated Content posted or developed under your username, including User Generated Content contributed through Third Party Services for which you have authorized to post User Generated Content under your username (whether in the form of comments or otherwise).
4. ACCEPTABLE SERVICE CONTENT: You may not access or use the Service for any other purpose other than that for which we make it available. Certain activities, even if legal, may violate the common rules of etiquette governing online behavior, as determined by us in our sole discretion. Prohibited activity while using the Service includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, hate speech, drug dealing, gambling, harassment, stalking, threatening, spamming, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any user to buy or sell any products or services; transmitting chain letters or junk email to other users; using any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user or person without their prior explicit consent; engaging in any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the website; attempting to impersonate another user, person or entity; using the username of another user; using a false email address; selling or otherwise transferring your profile; using any information obtained from the Service in order to harass, abuse, or harm another person; and using the Service in a manner inconsistent with any and all applicable laws and regulations. We do not pre-screen users or User Generated Content, and we have no obligation to do so; however, you acknowledge that we reserve the right, in our sole discretion to refuse, revoke, and/or remove any user or User Generated Content that is available through the Service, for any reason without notice or explanation to you.
5. THIRD PARTY INTERACTIONS: During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activities, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the applicable third-party. We will have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party. We do not endorse any sites on the Internet that are linked through the Service. We provide these links to you only as a matter of convenience, and in no event will we be responsible for any content, products, or other materials available from such sites.
6. WARRANTIES & REPRESENTATIONS: Without in any way limiting your obligations elsewhere in the Terms and Conditions of Use, you hereby acknowledge and agree that by using the Service and/or accessing Service Content, you hereby represent, warrant and covenant that: you are over the age of 18, or, if not, you will only use the Service with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or use the Service; you will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Service or any Service-related platforms; you will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content; you will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use or exploit any Service Content or User Generated Content (other than your own) except as expressly permitted herein; and you will and hereby do agree to indemnify, defend and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of the Terms and Conditions of Use, including any representation or warranty hereunder. Notwithstanding the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
7. RIGHT TO MANAGE THE SERVICE: We reserve the right but do not have the obligation to: monitor the Service for violations of the Terms and Conditions of Use; take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible any user’s account or any portion thereof that may violate the Terms and Conditions of Use or any of our other policies; or otherwise manage the Service in a manner designed to protect our and other’s rights and property and to facilitate the proper functioning of the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
8. DMCA COMPLIANCE: If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing: email@example.com.
9. DISPUTE RESOLUTION: The Terms and Conditions of Use are governed by the laws of the State of Tennessee, without regard to conflict of laws principles. The parties agree to resolve all controversies and claims arising out of, related to, or in connection with the Service and/or the Terms and Conditions of Use, including the formation, validity, construction, scope, performance, breach, or cancellation thereof (including, without limitation the formation, validity, construction, scope, performance, breach, and or cancellation of this arbitration clause), through confidential and binding arbitration in accordance with the Commercial Rules of the American Arbitration Association; and the parties hereby agree to, and do hereby also adopt, the Expedited Procedures of the Commercial Rules (regardless of the amount in controversy) with respect to any matter submitted to arbitration hereunder. The arbitration proceeding (including, without limitation, the arbitration hearing) shall be conducted in Nashville, Tennessee before a single arbitrator (unless the parties mutually consent in writing to use an arbitration panel). Each party unconditionally and irrevocably submits to the jurisdiction and venue of the state and federal courts located in Nashville, Tennessee and you may not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
10. DISCLAIMERS: EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED OR OBTAINED THROUGH , OR DOWNLOADED FROM THE SERVICE, EVEN IF WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Effective Date: November 1, 2015
1. TYPES OF INFORMATION COLLECTED: Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Service. When using our Service, we collect two types of information about our users: “Personally Identifiable Information” and “Non-Personally Identifiable Information.”
“Personally Identifiable Information” refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Service, such as registering for a user account, signing up for our mailing list, ordering a product or Service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, telephone numbers, and other personally identifying information. Of course, when ordering products or services using the Service, you may be asked to provide a credit card number, billing address, and other payment processing information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
“Non-Personally Identifiable Information” refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit using our Service in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include, but is not limited to, the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, what device you are using, your Internet Protocol (“IP”) address, how long you use the Service, the pages or sections of the Service that you visit.
3. SHARING OF INFORMATION: We do not sell, trade, or rent your Personally Identifiable Information to others. We may, however, provide some of our goods and services through contractual arrangements with affiliates, service providers, partners, and other third parties. In that instance, we and our service partners may use your Personally Identifiable Information to operate our Service and/or to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and/or services purchased on this Service; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide effective customer service. We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our Service partners is governed by the privacy policies of those Service partners and is not subject to our control. We may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Service information to third-party advertisers, but this data does not include any Personally Identifiable Information. Finally, while we never anticipate it, we may be required by law enforcement or judicial authorities to disclose Personally Identifiable Information. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We will fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right (but not the obligation) to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
4. UPDATING AND CORRECTING YOUR INFORMATION: We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on the Service. You may also access and correct your personal information and privacy preferences by emailing us at: firstname.lastname@example.org. Please include your name, address, and/or e-mail address when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Service. Likewise, it may be impossible to completely delete your information without some residual information because of cached versions and backups, but we will do our best to comply with your request.
5. USER CHOICES: We may, from time to time, send you email regarding our products and/or services. In addition, if you indicated upon registration or at any other point that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. If you do not want to receive such communications, simply tell us when you provide your Personally Identifiable Information. Or, at any time, you can easily edit your account information to no longer receive such offers and communications and we will respect that choice.
We may provide you with the opportunity to inform others (each, a “recipient”) about the Service, which will require you to provide the recipient’s email address and/or social media profile account information. Once your request is received, we will automatically send the recipient email or communication on your behalf containing a link to the Service and the information you chose to share. We will not initiate any further contact with the recipient, beyond the email sent on your behalf unless the recipient indicates that the recipient would like to receive more information regarding the Service.
6. SECURITY OF INFORMATION: We have implemented commercially reasonable physical and electronic security measures to protect against the loss, misuse, and alteration of your Personally Identifiable Information. Despite our efforts, however, you are advised that no security measures are perfect or impenetrable. By using our Service you agree that we will not be liable for any data breach or loss of data.
7. AUTOMATED COLLECTION: We collect information related to your interactions with our Service to create a personalized shopping experience. This information includes your IP address, browsing behavior while on our website, browser and device characteristics, and referring URLs. This information may be collected and stored using a variety of common technologies, including various types of cookies, Flash cookies, web beacons, and tags. Additionally, to help us understand and enhance our interactions with you, we may permit web analytics and other providers to collect and process information on our Service using the technologies described above.
9. CALIFORNIA RESIDENTS: California Civil Code Section 1798.83 permits users who are California residents to request and obtain a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties. If you wish to make such a request, send an email to: email@example.com.
10. PRIVACY AND SHARING OF ECHOES. Our Service is designed and intended to connect and share with others. When using our Service, you have a number of choices regarding the sharing of the information entered during the Echo creation process. Most specifically, you can select the audience to view a given Echo or group of Echoes. In some cases, people you share and communicate with may download or re-share this content with others on and off our Service. When you comment on another person’s Echo, that person’s audience for the Echo concerned decides the audience who can see your comment.