Online Terms and Conditions
Turning Tech Intermediate, Inc. d/b/a Echo360 (“Echo360,” “we,” or “us”) provides certain information and online services that may be accessible at www.echo360.com or other Web locations where these Online Terms and Conditions are posted (collectively, the “Echo360 Sites”) or that may be directly accessible by individual end users of our various software products through a link that we provide within those products. Throughout these Online Terms and Conditions (the “Terms”), all such information and online services are referred to as the “Services.” These Terms apply to your access to and use of the Echo360 Sites and do not alter in any way the terms and conditions of any other agreement you may have with us for products, services or otherwise.
NOTICE TO EDUCATIONAL END USERS. Echo360 makes available software and hardware tools to educational institutions like colleges and universities, and those institutions use our products to create audiovisual recordings of classes and lectures and later make such recordings available for viewing online, usually from the institution’s own websites (in each case, a “School Site”). Some of our Services may enable students to hold online discussions, make and store notes about the classes that they view online, or otherwise interact with recorded classroom materials. You understand that, even if you access our Services from a link within a School Site, these Terms apply to your use of our Services, but these Terms do not apply to your use of any School Site.
I. OWNERSHIP AND ACCESS TO ECHO360 SERVICES AND TOOLS
A. Ownership Access to Features of Online Services
The Echo360 Sites, the Services, all Downloadable Tools (as further defined herein), all related intellectual property rights, as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Echo360 Sites (sometimes collectively referred to herein as the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Echo360 Sites and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the Echo360 Sites and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the Echo360 Sites or in the Content are trademarks of their respective owners.
Echo360, the Echo360 logo, the EchoSystem and Apreso are trademarks of Echo360, Inc. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services.
For so long as you agree to these Terms and abide by them, you may use 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 Echo360 Sites or Services as available for download (“Downloadable Tools”).
B. 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 or sublicense access to the Service to any third-party. You may use the Services and Downloadable Tools only for your lawful, personal, informational, and other non-commercial purposes. You do not acquire ownership rights to the Echo360 Sites or any Content, other than those rights in the materials that you submit to us or otherwise enter through the Echo360 Sites, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Echo360 Sites, as further described below. These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Echo360 or the respective intellectual property owners. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content.
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Where applicable, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Echo360 Sites or the information and Content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
You may only use the Echo360 Sites and the Content as expressly permitted under these Terms and only for lawful purposes; any other use is prohibited. Any use of the Echo360 Sites or the Content not expressly permitted by these Terms is a breach hereof and may violate copyright, trademark, and other laws. Without limiting the foregoing, you agree that you will not attempt to or in fact:
- Combine or integrate the Service and/or any Downloadable Tools with hardware, software or other technology or materials not provided by us;
- Modify, adapt, translate, or create any derivative product based on the Services or Downloadable Tools;
- Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the 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;
- Introduce to the Echo360 Sites (or the servers, networks, and databases associated with the Echo360 Sites) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful.
- Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Echo360 Sites for any commercial purpose (except for Content specifically and expressly made available for redistribution)
- Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Echo360 Sites or develop restricted or password-only access pages, or hidden pages or images.
- Use the Services or Downloadable Tools to:
- violate any local, state, federal, or international law or regulation;
- transmit or send unsolicited commercial communications;
- abuse, stalk, harass, threaten, harm, or otherwise violate the legal rights of another individual;
- conduct any systematic or automated data collection or storage activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Echo360 Sites;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- access the Echo360 Sites through any robot, spider, or other automated means;
- “screen scrape,” “monitor,” “mine,” “copy,” or “mirror” the Echo360 Sites;
- gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Services or the Echo360 Sites (or the servers, networks, and databases associated with the Services or the Echo360 Site);
- otherwise 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; or
- upload or transmit information or content that is infringing, defamatory, obscene, indecent, fraudulent or otherwise illegal.
Without our written consent, you may not:
- Use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or
- Frame the Echo360 Sites, place pop-up windows over their pages, or otherwise affect the display of their pages.
You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach. You represent and warrant that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. Without limiting any rights or remedies that Echo360 may have available at law or in equity, including, without limitation, any right to seek monetary damages for your breach, you agree that Echo360 may seek a court order to compel you to comply with these terms, and You understand that we may immediately terminate your access to the Echo360 Sites and/or Services at any time if you violate the restrictions set forth above.
C. 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 within the Services. Additionally, from time to time Echo360 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 from within the Services, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you within the Services, 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 is entirely at your own risk and 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, that we have not reviewed the Third Party Offerings, and we are not responsible for any changes to or content on them. We have no control over the content of those Third Party Offerings or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. and these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Echo360, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Echo360 or any of its employees or representatives automatically become the property of Echo360.
E. Security Measures
Echo360 is entitled (but not required) to apply security measures to protect the Echo360 Sites and the Content, and Echo360 may block users (or IP addresses) identified or suspected as being used to access the Echo360 Sites (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Echo360 Sites.
You shall immediately notify Echo360 of any activity on the Echo360 Sites suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Echo360 Sites.
You shall immediately notify Echo360 of any security breach involving the Echo360 Sites of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the Echo360 Sites
II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICES, THE ECHO360 SITES, THE DOWNLOADABLE TOOLS AND ALL INFORMATION AND OTHER MATERIALS RELATED TO THE FOREGOING, INCLUDING THE CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ECHO360 AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, 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 (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT ARE AWARE OF ANY SUCH PURPOSE) AND WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ECHO360 SITES OR THE CONTENT OR THAT ACCESS TO OR USE OF THE ECHO360 SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. ECHO360 AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICES ARE 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 PERSONAL CONTENT. ECHO360 IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS OR SCHOOL SITES. ECHO360 DOES NOT GUARANTEE OR OTHERWISE WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE ECHO360 SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ECHO360 SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ECHO360 SITES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
B. Limitation Of Liability
USE OF THE SERVICES, THE ECHO360 SITES AND/OR ANY DOWNLOADABLE TOOLS IS AT YOUR OWN RISK. IN NO EVENT WILL ECHO360 OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (E) ERRORS, INACCURACIES, OMISSIONS, OTHER DEFECTS IN, UNTIMELINESS, OR UNAUTHENTICITY OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE ECHO360 SITES; OR (F) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE..
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ECHO360 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 ECHO360 RELATING TO THE PROVISION OF ACCESS TO THE ECHO360 SITES, THE SERVICES, AND ANY DOWNLOADABLE TOOLS TO YOU, AND ECHO360 WOULD NOT PROVIDE THE SAME TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT ECHO360’S OPTION, DEFEND ECHO360 (INCLUDING ITS 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, ARISING OUT OF OR RELATING TO (I) YOUR BREACH OF THESE TERMS; (II) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY RIGHT, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT CONTENT PROVIDED BY YOU CAUSED DAMAGE OR LOSS TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE YOUR USE OF THE SITE AND ANY TERMINATION OF THIS AGREEMENT
III. TERM AND TERMINATION
These Terms will become effective and binding when you use the Services, 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 Services. We reserve the right to terminate these Terms and your access to the Echo360 Sites and the Service 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
B. International Users
The availability of products and services described on the Echo360 Sites, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that the Echo360 Sites are appropriate or available for use in all locations or by all users. The information provided on the Echo360 Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.
If you believe your copyright has been violated by works or Third-Party Offerings accessible through the Services, please contact us by email at firstname.lastname@example.org.
D. Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Enforcement of these Terms is in our sole discretion.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
E. Modifications to Terms
F. Modifications to Services
We reserve the right to modify the Services at any time without notice. If you object to any changes to the Services, your sole recourse will be to cease using them. Continued use of the 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 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 Services.
G. No Refunds
All sales for services are final, and we do not offer any money-back for any of our services. You recognize and agree that you shall not be entitled to a refund for any services such as FastPass purchased under any circumstances. In addition, in the event that these Terms expire or are terminated, no portion of any payments previously provided by you shall be refunded for any services.
H. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of 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. You agree that any claim or cause of action that you may have related to 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 Echo360 with regard to the matters described above.
I. Contact Information
ATTN: Privacy Office
265 West Federal Street
Youngstown, OH 44503USA