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August 1, 2008
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
Echo Fiction, LLC ("Echo Fiction," "we" or "us") provides an online audio service offering a selection of audio theatre shows, features, clips and other content (collectively, "Content") available on the echofiction.com website (the "Echo Fiction Site"), Echo Fiction's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users may embed the Content (these websites, together with the Echo Fiction Site and Distribution Sites, are referred to collectively as the "Sites"). Our audio service, including the Content and our audio player, and any other features, tools, applications, materials or other services offered from time to time by Echo Fiction in connection with its business on any of the Sites are referred to collectively as the "Echo Fiction Services." We are a company based in the United States.
It is our pleasure to provide the Echo Fiction Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Echo Fiction Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the Echo Fiction Site (whether or not you are a registered member) or using any of the Echo Fiction Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us here or at info@echofiction.com (subject line: "TOU Question").
2. CHANGES TO THE TERMS OF USE BY ECHO FICTION
Echo Fiction may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Echo Fiction Site at http://www.echofiction.com/about/terms.php. Any visit to the Echo Fiction Site or use of the Echo Fiction Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE ECHO FICTION SERVICES
You must be at least 13 years of age to visit the Echo Fiction Site or use the Echo Fiction Services on any Site.
For viewing content deemed by Echo Fiction as for Mature Audiences Only ("MA"), you must be at least 18 years of age.
Echo Fiction is not responsible for your exposure to content. Access content at your own risk.
Your License. Echo Fiction is pleased to grant you a limited license to access and make personal, non-commercial use of the Echo Fiction Services. Echo Fiction owns and retains all rights to the Echo Fiction Services. Please remember that the Content provided to users as part of the Echo Fiction Services is owned by Echo Fiction and its licensors. The Echo Fiction Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of Echo Fiction or unless it is expressly permitted by Echo Fiction on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and audio materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar audios, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of Echo Fiction or unless it is expressly permitted by Echo Fiction on a Site. This prohibition applies even if you intend to give away the derivative materials.
The Audio Player. With respect to Echo Fiction's audio player, you must not modify, enhance, or otherwise alter in any way any portion of the audio player or its underlying technology. This restriction includes disabling or otherwise modifying the audio service in a manner that enables users to view the Content without using the Echo Fiction audio player. Also, you may not embed Echo Fiction's audio player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").
Your Responsibilities. In order for us to keep the Echo Fiction Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the Echo Fiction Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Echo Fiction Services in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- uses technology or other means to access the Echo Fiction Services that is not authorized by Echo Fiction (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Echo Fiction Services);
- accesses the Echo Fiction Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Echo Fiction Services);
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the Echo Fiction servers, computer network, or user accounts;
- attempts to collect personally identifiable information in violation of Echo Fiction's Privacy Policy;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms, guidelines or any policy posted on the Echo Fiction Site; or
- interferes with any other party's use and enjoyment of the Echo Fiction Services.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Echo Fiction Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Echo Fiction Services, you acknowledge that you will have caused substantial harm to Echo Fiction and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Echo Fiction $50 USD for each such unsolicited communication you send through the Echo Fiction Services.
Downloads. In order to participate in certain Echo Fiction Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue - temporarily or permanently - some or all of the Echo Fiction Services, at any time without notice. It is important that you understand that Echo Fiction will not be liable to you for any modification, suspension or discontinuance of the Echo Fiction Services.
4. PAYMENTS
Access to the Echo Fiction Site and use of the Echo Fiction Services is free. If we feel it is appropriate to charge for certain premium Echo Fiction Services, we will of course notify you. You are responsible for any costs you incur to access the Internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the Echo Fiction Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at admin@echofiction.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing admin@echofiction.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the Echo Fiction Services at any time without notice or liability if Echo Fiction determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the Echo Fiction Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Echo Fiction servers being made or the volume of User Material (as defined below) being Posted.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Echo Fiction's policies and practices regarding the collection and use of your personally identifiable information, please read Echo Fiction's Privacy Policy located at http://www.echofiction.com/about/privacy.php. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the Echo Fiction Site and use of the Echo Fiction Services on any of the Sites are governed by the Echo Fiction Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Echo Fiction Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the Echo Fiction Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Echo Fiction Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Echo Fiction the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Echo Fiction will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that Echo Fiction does not guarantee any confidentiality with respect to any User Material.
Echo Fiction does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Echo Fiction a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Echo Fiction Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Echo Fiction Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to Echo Fiction is non-exclusive (meaning you are free to license your User Material to anyone else in addition to Echo Fiction), fully-paid and royalty-free (meaning that Echo Fiction is not required to pay you for the use of your User Material), and sublicensable (so that Echo Fiction is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Echo Fiction Services). By Posting your User Material, you also hereby grant each user of the Echo Fiction Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Echo Fiction Services and under these Terms of Use.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Echo Fiction does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Echo Fiction. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Echo Fiction assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Echo Fiction with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Echo Fiction Services is not available for a specific instance of inappropriate User Material, please email admin@echofiction.com (subject line: "Inappropriate User Material").
8. LINKED WEBSITES AND ADVERTISING
Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that Echo Fiction operates, controls, or is otherwise connected with these websites. When you click on a link within the Echo Fiction Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
Echo Fiction is not responsible for the content or practices of any other website, even if it links to the Echo Fiction Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Echo Fiction. By using the Echo Fiction Services, you acknowledge and agree that Echo Fiction is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. Echo Fiction takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Echo Fiction Services are between you and the advertiser, and you agree that Echo Fiction is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS
Echo Fiction, the Echo Fiction logo, www.echofiction.com, and other Echo Fiction marks, graphics, logos, scripts, and sounds are trademarks of Echo Fiction. None of the Echo Fiction trademarks may be copied, downloaded or otherwise exploited without Echo Fiction's prior written consent.
10. UNSOLICITED SUBMISSIONS
Echo Fiction does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Echo Fiction's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Echo Fiction creative work, including an audio theatre feature, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE ECHO FICTION SERVICES, YOU AGREE THAT USE OF THE ECHO FICTION SERVICES IS AT YOUR OWN RISK. THE ECHO FICTION SERVICES, INCLUDING THE ECHO FICTION SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ECHO FICTION DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE ECHO FICTION SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL ECHO FICTION OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "ECHO FICTION PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ECHO FICTION SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE ECHO FICTION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ECHO FICTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE ECHO FICTION SERVICES.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Echo Fiction Services, including through a link, infringes your copyright, you should notify Echo Fiction of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Echo Fiction receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Echo Fiction's Copyright Agent at info@echofiction.com (subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Echo Fiction Services that is reasonably sufficient to enable Echo Fiction to identify and locate the material; (d) how Echo Fiction can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to info@echofiction.com for purposes other than communication about copyright infringement may not be answered.
Echo Fiction has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
International Use. Echo Fiction's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Echo Fiction does not have rights is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Echo Fiction Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law. This Terms of Use is governed by, and construed in accordance with, the laws of the State of Indiana without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Allen County of the State of Indiana.
No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at info@echofiction.com (subject line: "TOU Violation"). Precisely how Echo Fiction responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon Echo Fiction's precise response in one situation as any indication of what Echo Fiction might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Echo Fiction's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.
Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and Echo Fiction and governs your use of the Echo Fiction Services (but excluding any services, if any, that Echo Fiction may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Echo Fiction in relation to the Echo Fiction Services. It may not be amended or varied by you except in a writing signed by Echo Fiction. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if Echo Fiction acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the Echo Fiction Services!
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