These ONLINE SERVICES TERMS OF USE (“Terms of Use”) state the terms and conditions that govern your use of the website(s) (“Online Services”) offered by Echo Entertainment, Inc. (“Echo Entertainment”). Please read these Terms of Use carefully. By accessing or using any of the information, materials or functions available on Online Services, you agree to and understand the following Terms of Use. Echo Entertainment may amend or change the Online Services or these Terms of Use from time to time, in our sole discretion, by posting updated terms and conditions within the Online Services or by providing written notice to you by email or U.S. Mail. You agree to be bound by any modifications, changes, or revisions made by Echo Entertainment to Online Services or to these Terms of Use. You agree that you are responsible for reviewing these Terms of Use regularly, and your continued use of Online Services constitutes your acceptance of any modifications, changes, or revisions to Online Services or these Terms of Use.
These Terms of Use are in addition to any other terms and conditions that may apply to accounts you have with Echo Entertainment or to any other services or information provided by Echo Entertainment. Where appropriate, please review those specific terms and conditions. The Online Services are intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you should not be using Online Services.
As used in these Terms of Use, “you” or “your” refers to you or to any other person you permit to use Online Services on your behalf. “We” or “our” refers to Echo Entertainment or any agent, designee or contractor of Echo Entertainment.
Echo Entertainment intends for the information, materials and functions contained on Online Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through Online Services.
Copyrights / Trademarks / Restrictions on Use
All of the pages and screens on Online Services are owned and controlled by Echo Entertainment except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on Online Services are owned by Echo Entertainment or its affiliates, and include, but are not limited to, the text, design, software, images, graphics, source code, and the content on Online Services. You are authorized to view the information available on Online Services for your informational purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Echo Entertainment and the Echo Entertainment logo are owned by Echo Entertainment. Other featured words used on Online Services to identify the source of goods and services are trademarks and service marks owned by Echo Entertainment or third parties.
Online Services may contain links to Web sites controlled or offered by third parties (non- affiliates of Echo Entertainment). Echo Entertainment hereby disclaims liability for any other company’s Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Echo Entertainment. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.
Disclaimer
ONLINE SERVICES ARE OFFERED ON AN AS IS, WHERE IS AND WHERE AVAILABLE BASIS, WITH NO WARRANTY OF ANY KIND – WHETHER EXPRESS, IMPLIED OR STATUTORY – INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER ECHO ENTERTAINMENT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ONLINE SERVICES. ECHO ENTERTAINMENT DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.
Damages
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT ECHO ENTERTAINMENT IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF ONLINE SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ECHO ENTERTAINMENT WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE USE OF ONLINE SERVICES, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE.
Limitations on Use
Users shall not transmit any material or information to Online Services that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of Online Services. Any attempted violation of law may result in litigation against the offender by Echo Entertainment or any proper authority. Echo Entertainment will fully comply with applicable authorities to provide any information necessary for the investigation and/or litigation process.
Security of Transmissions
There may be security, transmission or other risks associated with use of the Internet and Online Services and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use Online Services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. This site may contain encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on this site.
Indemnification
You agree to defend, indemnify and hold harmless Echo Entertainment, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of Online Services, including such violation or misuses conducted by your employee or agent, if applicable.
Choice of Law
Your access to and use of Online Services and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflict of laws thereof, and the laws of the United States.
Miscellaneous Terms
To the extent any portion of these Terms of Use are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as so modified, shall remain in full force and effect. No waiver by Echo Entertainment of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time.