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In order for us to provide you with our games and related services which include gaming applications for mobile devices, social network applications, promotions, forums, websites, viral features and related technology, and certain other services we provide (“Services”), it is important that we incorporate certain legal guidelines and rules to make sure everyone’s rights are respected and that we are doing what we can to protect users’ rights and your personal privacy.
If at any point you do not abide by Echo Wall’s Terms, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate and You must immediately stop using the Services.
By using the Services, You represent, warrant and covenant that: (i) You are 13 years of age or older, or if You are a minor over the age of thirteen (13), You have obtained Your parent or guardian’s consent to use the Services in accordance with these Terms; (ii) Your use of the Services does not violate any applicable law, rule or regulation; and (iii) all registration information You submit to Us is truthful and accurate and that You shall maintain and promptly update the accuracy of such information. If You provide information that is untrue, inaccurate, not current or incomplete, or We suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in Our sole discretion. Please ensure that you are comfortable with these differences before accessing and using the Services.
4. Relationship to Other Agreements:
6. VIRTUAL CURRENCY
You understand that while at times you may purchase (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use within or in conjunction with the Services; or (b) virtual in-service items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand to identify these Virtual Items. You may purchase a limited license to use the Services, the purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment or redemption of a third party virtual currency that We accept. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
7. LICENSE LIMITATIONS
ANY USE OF THE SERVICES IN VIOLATION OF THESE LICENSE LIMITATIONS SET FORTH IN THIS SECTION IS STRICTLY PROHIBITED, CAN RESULT IN THE IMMEDIATE REVOCATION OF YOUR LIMITED LICENSE GRANTED TO YOU HEREBY AND MAY SUBJECT YOU TO LIABILITY FOR VIOLATIONS OF LAW. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SERVICE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS
A. LIMITATIONS ON CONTENT AND USE
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT, YOUR USE OF THE SERVICES, AND ANY CONTENT YOU GENERATE IN CONNECTION WITH YOUR USE OF THE SERVICES. THE SERVICES HAVE A SET OF RESTRICTIONS ON THE TYPES OF CONDUCT THAT IS ALLOWED DURING YOUR USE OF THE SERVICES. THESE RESTRICTIONS ARE DESIGNED TO MAKE USE OF THE SERVICES A GOOD AND FUN EXPERIENCE FOR EVERYONE. PLEASE REVIEW THE RESTRICTIONS BELOW, WHICH GOVERN YOUR USE OF THE SERVICES:
a) YOU SHALL NOT CREATE A USER ACCOUNT OR ACCESS THE SERVICES IF YOU ARE UNDER THE AGE OF 13;
b) YOU SHALL MONITOR YOUR USER ACCOUNT TO RESTRICT USE BY MINORS, AND YOU WILL DENY ACCESS TO CHILDREN UNDER THE AGE OF THIRTEEN (13). YOU ACCEPT FULL RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF THE SERVICES BY MINORS IN CONNECTION WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR ANY USE OF YOUR CREDIT CARD OR OTHER PAYMENT INSTRUMENT OR PURCHASE OF ANY VIRTUAL ITEMS BY MINORS;
c) YOU SHALL NOT HAVE A USER ACCOUNT OR USE THE SERVICES IF YOU HAVE PREVIOUSLY BEEN REMOVED BY ECHO WALL OR PREVIOUSLY BEEN BANNED FROM USING ANY OF OUR SERVICES;
d) YOU SHALL NOT USE THE SERVICES IF YOU ARE LOCATED IN A COUNTRY EMBARGOED BY THE UNITED STATES, OR IF YOU ARE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS.
e) YOU SHALL USE YOUR USER ACCOUNT ONLY FOR NON-COMMERCIAL PURPOSES;
f) YOU SHALL NOT USE YOUR USER ACCOUNT TO ADVERTISE, SOLICIT, OR TRANSMIT ANY COMMERCIAL ADVERTISEMENTS, INCLUDING JUNK E-MAIL OR SPAM MESSAGES TO ANYONE;
g) YOU SHALL NOT USE YOUR USER ACCOUNT TO ENGAGE IN ANY ILLEGAL CONDUCT;
h) YOU SHALL NOT SUBLICENSE, RENT, LEASE, SELL, TRADE, GIFT, BEQUEATH OR OTHERWISE TRANSFER YOUR USER ACCOUNT OR ANY VIRTUAL ITEMS ASSOCIATED WITH YOUR USER ACCOUNT TO ANYONE WITHOUT OUR PRIOR WRITTEN PERMISSION;
i) IF YOU ACCESS THE SERVICES OR USE THE SERVICES IN A MANNER THAT INTERACTS WITH ANY THIRD PARTY PLATFORMS OR SOCIAL NETWORKS, YOU SHALL COMPLY WITH SUCH THIRD PARTY TERMS OF SERVICE/USE AS WELL AS THESE TERMS;
B. OTHER LIMITATIONS
a) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES ENGAGE IN ANY ACT THAT ECHO WALL DEEMS TO BE IN CONFLICT WITH THE SPIRIT OR INTENT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO CIRCUMVENTING OR MANIPULATING THESE TERMS, OUR SERVICE RULES OR POLICIES;
b) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES (i) USE CHEATS, EXPLOITS, AUTOMATION SOFTWARE, BOTS, HACKS, MODS OR ANY UNAUTHORIZED THIRD PARTY SOFTWARE DESIGNED TO MODIFY OR INTERFERE WITH THE SERVICES; (ii). USE THE SERVICES IN ORDER TO DESIGN OR ASSIST IN THE DESIGN OF CHEATS, AUTOMATION SOFTWARE, BOTS, HACKS, MODS OR ANY OTHER UNAUTHORIZED THIRD PARTY SOFTWARE DESIGNED TO MODIFY OR INTERFERE WITH THE SERVICES; (iii) WITHOUT OUR EXPRESS WRITTEN CONSENT, MODIFY OR CAUSE TO BE MODIFIED ANY FILES THAT ARE A PART OF THE SERVICES; (iv) DISRUPT, OVERBURDEN, OR AID OR ASSIST IN THE DISRUPTION OR OVERBURDENING OF ANY COMPUTER OR SERVER USED TO OFFER OR SUPPORT THE SERVICES; (v) INSTITUTE, ASSIST OR BECOME INVOLVED IN ANY TYPE OF ATTACK, INCLUDING WITHOUT LIMITATION DISTRIBUTION OF A VIRUS, DENIAL OF SERVICES ATTACKS UPON THE SERVICES, OR OTHER ATTEMPTS TO DISRUPT THE SERVICES; OR (vi) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SERVICES, ACCOUNTS REGISTERED TO OTHERS OR TO THE COMPUTERS, SERVERS, OR NETWORKS CONNECTED TO THE SERVICES BY ANY MEANS OTHER THAN THE USER INTERFACE PROVIDED BY US, INCLUDING BUT NOT LIMITED TO, BY CIRCUMVENTING OR MODIFYING, ATTEMPTING TO CIRCUMVENT OR MODIFY, OR ENCOURAGING OR ASSISTING ANY OTHER PERSON TO CIRCUMVENT OR MODIFY, ANY SECURITY, TECHNOLOGY, DEVICE, OR SOFTWARE THAT IS PART OF THE SERVICES.
c) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES (i) POST ANY INFORMATION THAT IS ABUSIVE, THREATENING, OBSCENE, DEFAMATORY, LIBELOUS, OR RACIALLY, SEXUALLY, RELIGIOUSLY, OR OTHERWISE OBJECTIONABLE OR OFFENSIVE; (ii) POST ANY INFORMATION THAT CONTAINS NUDITY, EXCESSIVE VIOLENCE, OR OFFENSIVE SUBJECT MATTER OR THAT CONTAINS A LINK TO SUCH CONTENT; (iii) ATTEMPT TO, OR HARASS, ABUSE, OR HARM, OR ADVOCATE OR INCITE HARASSMENT, ABUSE OR HARM OF ANOTHER PERSON, GROUP, INCLUDING OUR EMPLOYEES, INCLUDING OUR CUSTOMER SERVICE REPRESENTATIVES; OR (iv) MAKE AVAILABLE THROUGH THE SERVICES ANY MATERIAL OR INFORMATION THAT INFRINGES ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, RIGHT OF PRIVACY, RIGHT OF PUBLICITY, OR OTHER RIGHT OF ANY PERSON OR ENTITY OR IMPERSONATES ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION AN ECHO WALL EMPLOYEE.
d) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES (i) WITHOUT OUR EXPRESS WRITTEN CONSENT, USE THE SERVICES OR ANY PART THEREOF FOR ANY COMMERCIAL PURPOSE, INCLUDING BUT NOT LIMITED TO (1) COMMUNICATING OR FACILITATING ANY COMMERCIAL ADVERTISEMENT OR SOLICITATION, OR (2) GATHERING OR TRANSFERRING VIRTUAL ITEMS FOR SALE; (ii) USE THE SERVICES OR ANY PART THEREOF FOR PERFORMING SERVICES, SUCH AS POWER-LEVELING AND ITEM COLLECTION SERVICES, IN EXCHANGE FOR PAYMENT OUTSIDE THE SERVICES; OR (iii) TRANSMIT UNAUTHORIZED COMMUNICATIONS THROUGH THE SERVICES, INCLUDING JUNK MAIL, SPAM MESSAGE OR ANY MATERIALS THAT PROMOTE MALWARE, SPYWARE AND DOWNLOADABLE ITEMS.
e) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES (i) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER FUNCTIONING OF THE SERVICES OR CONNECT TO OR USE THE SERVICES IN ANY WAY NOT EXPRESSLY PERMITTED BY THESE TERMS; (ii) USE ANY UNAUTHORIZED THIRD PARTY SOFTWARE THAT ACCESSES, INTERCEPTS, “MINES”, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SERVICES OR THAT IS IN TRANSIT FROM OR TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE THAT READS AREAS OF RAM OR STREAMS OF NETWORK TRAFFIC USED BY THE SERVICES TO STORE INFORMATION ABOUT OUR SERVICES. WE MAY, AT OUR SOLE AND ABSOLUTE DISCRETION, ALLOW THE USE OF CERTAIN THIRD PARTY USER INTERFACES; (iii) INTERCEPT, EXAMINE OR OTHERWISE OBSERVE ANY PROPRIETARY COMMUNICATIONS PROTOCOL USED
f) YOU ACKNOWLEDGE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES (i) SOLICIT OR ATTEMPT TO SOLICIT PERSONAL INFORMATION FROM OTHER USERS OF THE SERVICES; (ii) COLLECT OR POST ANYONE’S PRIVATE INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, IDENTIFICATION DOCUMENTS, OR FINANCIAL INFORMATION THROUGH THE SERVICES; OR (iii) UPLOAD OR TRANSMIT OR ATTEMPT TO UPLOAD OR TRANSMIT, WITHOUT OUR EXPRESS PERMISSION.
WE RESERVE THE RIGHT TO INVESTIGATE AND TAKE APPROPRIATE LEGAL ACTION AGAINST ANYONE WHO, IN OUR SOLE AND REASONABLE DISCRETION, VIOLATES, OR IS SUSPECTED OF VIOLATING, THIS SECTION, INCLUDING, WITHOUT LIMITATION, REPORTING YOU TO LAW ENFORCEMENT AUTHORITIES. FURTHER, YOU ACKNOWLEDGE, CONSENT AND AGREE THAT WE MAY ACCESS, PRESERVE AND DISCLOSE YOUR ACCOUNT AND REGISTRATION INFORMATION AND ANY OTHER CONTENT OR INFORMATION IF REQUIRED TO DO SO BY LAW OR IF BASED ON A GOOD FAITH BELIEF THAT SUCH ACCESS, PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: (i) COMPLY WITH THE LEGAL PROCESS; (ii) ENFORCE THESE TERMS; (iii) RESPOND TO CLAIMS THAT ANY CONTENT OR INFORMATION VIOLATES THE RIGHTS OF ANY THIRD PARTY; (iv) RESPOND TO YOUR REQUESTS FOR CUSTOMER OR TECHNICAL SERVICES; OR (v) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF ECHO WALL, ITS USERS OR ANY THIRD PARTIES.
8. PROPRIETARY RIGHTS
A. Echo Wall owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable laws, rules, regulations and treaties. The term “Content” includes, without limitation, all services, titles, artwork, photographs, illustrations, animations, graphics, logos, text, themes, objects, characters, character names, stories, storylines, dialogue, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, concepts, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services and its dedicated website, and any copyrights, trademarks, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
B. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through an Echo Wall application or the Services, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant Echo Wall and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Echo Wall promotions and competitions or any other content specifically solicited by Echo Wall) ends when you delete your User Content or you close your User account unless your User Content has been shared with others, and they have not removed it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
C. Except as explicitly provided herein, you may not use Echo Wall’s name, trademarks, services or any other IP Right of Echo Wall in any manner whatsoever to suggest association or affiliation with or endorsement by Echo Wall without the express prior written consent of Echo Wall which Echo Wall may withhold at its sole discretion.
D. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained in any of the Services, including, without limitation, notices on any Content you transmit, display, stream or reproduce from the Services. Except as expressly authorized by us, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Echo Wall. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce such rights to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights, please follow the procedures set forth in below.
E. Echo Wall owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items appearing or originating in any Echo Wall service, such as “purchased” from Echo Wall, or any other attributes associated with a User account or stored on the Services.
F. Echo Wall prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services, unless otherwise expressly authorized by Echo Wall in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of services, without Echo Wall’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your User account to termination.
9. PERSONAL INFORMATION.
10. USER POSTINGS AND ACTIVITY
A. The Services may provide you and other Users with an opportunity to participate in communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, opinions, messages and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting.
B. You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of Echo Wall and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable, and as such, We does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall We be held liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, posted, emailed, displayed, transmitted or otherwise made available
C. The Services, including, without limitation, all User Posting features and functionality, is for non-commercial purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined below). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that We shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating any of the terms and conditions of these Terms, including, without limitation, this Section, or is deemed to be unacceptable to Echo Wall, as determined in Our sole discretion.
E. Your information, and the contents of all of your communications (including without limitation chat text, and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (a) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to satisfy any applicable laws or regulations (c) where We believe that the Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (d) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (e) in order to protect the rights or property of Echo Wall, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
In order to access and use certain content, features, functionality and/or Services, we shall require you to register for the Services and have a unique username (collectively, a “User ID”). If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to (i) immediately notify Us of any unauthorized use of your User ID or account or any other breach of security, and (ii) ensure that you log off from your account at the end of each session. It is your sole responsibility to (1) control the dissemination and use of your User ID, (2) control access to your account, and (3) cancel your account for the Services. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. We shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section.
If you created an account in our services, you can request the deactivation of such account. To do this, please contact us. Before we deactivate your account, we can ask you for more information. This information may include information about your mobile device. Other steps that you should take if you want to completely deactivate your account include removing the link to your Facebook or Google+ account from our services and removing our applications from your mobile devices. You should remember that if you completely deactivate your account, all your in-service achievements and any unused virtual items will be lost, and we will not be able to restore them in the future.
12. PURCHASES FOR PRODUCTS AND SERVICES
Within the Services and by virtue of your use thereof, you may purchase, with “real world” money, a license to use Virtual Items and or other goods or services.
You can license Virtual Items by visiting the purchase page in one of our services, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Services, We may send you a confirmatory email that will contain details of the items you have ordered. Please check that the details in the confirmatory email are correct as soon as possible and maintain a copy of it for your records. Echo Wall keeps records of transactions in order to deal with any subsequent queries.
Your license to Virtual Items for use in Our services is provided by Us that commences upon acceptance by Echo Wall of your purchase. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our Services begins promptly once your purchase is completed
You agree to pay all fees and applicable taxes incurred by you or anyone using a User account registered to you. Echo Wall may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT ECHO WALL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
14. HYPERLINKS TO THIRD PARTY WEBSITES
You agree to defend, indemnify and hold Echo Wall, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (i) your use of the Services, (ii) your breach or violation these Terms or (iii) your User Postings. Echo Wall reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Our defense of such Claim.
17. DISCLAIMER AND LIMITATIONS OF LIABILITY
A. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
B. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.
B. This Agreement does not create any relationship of principal and agent, partners, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of Echo Wall or obligating Echo Wall in any way. You may not represent to any person that you are the agent of Echo Wall, or are authorized to act on its behalf.
C. The waiver or failure by Echo Wall to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Echo Wall set forth in this Agreement are cumulative and are in addition to any rights or remedies Echo Wall may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
D. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Echo Wall which would not be adequately compensated by monetary damages and that Echo Wall may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security.
E. Neither You nor Echo Wall shall not be responsible for delays or failures in performance resulting from acts of strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, communication line failures, power failures, earthquakes, fire, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
F. These Terms and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Washington applicable to contracts made, executed and wholly performed in Washington, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Washington and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
INFORMATION THAT WE MAY COLLECT
We may collect the following information when you sign up with an Echo Wall Service: first name, last name, email address, billing address, credit or debit card information or other payment details, depending upon your form of payment. When you register for an Echo Wall Account or later access your Account, you may be able to adjust settings and preferences within your Account to choose whether to share and make publicly visible other pieces of Your Information, and the Service may display Your Information based on the settings and preferences you choose.
When a user accesses an Echo Wall Service, we may collect technical information about the user’s device, such as the IP address that requested the display of the Echo Wall Services, whether you are connected to Wi-Fi or to Mobile Data, name of the Internet service provider, the operating system type, the hardware type of your device, the resolution of your device’s screen and the identifiers associated with the device.
Sign Up information:
Any information you provide to us, and any information you choose to share about yourself as part of your use of any Echo Wall Services, may be stored as entered, such as your authentication method and information.
Cookies and Web beacons:
Web beacons, are small pieces of code that we and our service providers may place on an Echo Wall Service to monitor and collect data about visitor behavior within the Echo Wall Services.
We may also track other types of information, such as what users downloaded and installed, any download errors, what users purchased, how long users have been participating in any Echo Wall Services, the last time a user accessed an Echo Wall Service, user behavior and using (e.g., which options you choose, your progress in the service, how long you use), whether a user has got any of our services or other promotions featured on an Echo Wall Service, ad response measurement and other Echo Wall Services analytics.
We may also employ web beacons or other technology for a variety of reasons such as: (1) allowing us to know if a certain page was visited or whether an email was opened; and (2) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation.
Social Networking Sites:
If you access an Echo Wall Service through a third party social networking site, Echo Wall may receive information about your social networking site profile, including without limitation the information you make publicly available, your social networking site user ID, your name, profile and cover photos. If you invite new members into your social network or send messages through social networking site, we may collect the information associated with those messages, including your friends' social networking site user IDs, email addresses and contents.
When you download or access Echo Wall Services through a mobile device, we and our service providers may receive information about your location (based on your IP address) and your mobile device, including various unique identifiers associated with your device, hardware type, the version of your operating system. We and our service providers may use this information to provide you with personalized advertising and other content, including advertising and content based on your location.
Aggregated, Anonymous Information:
We may collect aggregated, anonymized information through Echw Wall Services that does not identify any single user or device. If you choose to provide a username within an Echo Wall Service, please do not provide as your username any information that identifies you in real life, such as your real name or living address.
USE OF COLLECTED INFORMATION
To Provide Services to You:
We may use your username, email address, and password to uniquely identify you as a user of an Echo Wall Service, to provide you with services and to process transactions. We may use or display your username and avatar or profile photos. We may use your date of birth to confirm your eligibility to participate in Echo Wall Services.
Product Improvement and Security:
We may use information collected to calculate aggregate, anonymized statistics about our user community for the purpose of enhancing our Echo Wall Services, or for security purposes.
Echo Wall takes reasonable measures to help protect the information we collect from loss, theft, misuse and unauthorized access, disclosure, alteration by third parties. While we have employed security technologies and procedures to assist protecting your personal data, no system or network can be guaranteed to be 100 percent safe.
Protection of Echo Wall and Others:
Linking with Social Networks:
If you access a Social Network, we may use your social networking site profile ID to link your social networking site account with your activities within the Social Network or offer personalized Echo Wall advertisements on the social networking site. We may use your social networking site user names and avatars to identify you to the social networking site account you've linked to your activities within the Social Network.
If you access a Social Network and provide us with another person's contact information for purposes of delivering information through a Social Network, we may use this information to contact and, if necessary, remind that person that he or she has been invited to join a Social Network or received content through a Social Network. All invitees are provided with the option not to receive further invitations from Echo Wall.
Third Party Service Providers:
We may disclose your personal information as well as aggregate, anonymous information to third party business partners, and third parties who perform services for us, such as credit card processing, delivering packages, sending postal mail, collecting and analyzing data, providing searching results, and providing advertising and marketing assistance, including serving ads on our behalf on third party websites and mobile applications and serving ads on behalf of third parties within certain Echo Wall Services. Those third parties have access to your personal information only as necessary to perform their functions, and for no other purposes.
Echo Wall reserves the right to transfer Your Information in connection with a change or transfer of Echo Wall's ownership or a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Echo Wall Services may allow you to play or share information through social networks or contain links to social network services or other third parties. The use of these features and links are subject to the privacy policies of those companies and your settings on those services. Echo Wall has no control over, and is not responsible for, the information submitted to or collected by social networks or other third parties. We encourage you to review those third party privacy policies to understand the way your information may be collected and managed by such third parties.
Echo Walls may operate comment boards where users can exchange ideas with each other. When posting to a comment board, the information is being made publicly available in an online environment. Any information posted is the sole responsibility of the individual user.
Opt-In and Opt-Out Policy:
Policy on CHILDREN
Echo Wall Services are generally designed for users who are at least 13 years of age and older and therefore such Services generally do not knowingly collect or make use of personally identifiable information from children under 13. If you are under 13, please do not attempt to register for an Account on the Services or send any information about yourself to Echo Wall. If we become aware that a child under 13 has provided us with personal information without a parent or legal guardian’s agreement or supervision, we will remove such information from our files.