ETHNIC CULTURAL HERITAGE ONLINE EXCHANGE
Organization Terms of Service
Welcome to the EchoX.org (“Organization”, “We”, “Us” or “Our”) Terms of Service (the “Terms”). Please read these Terms carefully because they govern your use of our website located at www.echoX.org (the “Site”) and our apps including mobile device apps (“Apps”). Please read the Terms carefully. If you have any questions, contact us at info@echoX.org. To make these Terms easier to read, the Site, Our services and Apps are collectively referred to as the “Services”.
Agreement to Terms
By accessing, installing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply do not use the Services.
Changes to Terms or Services
We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we’ll let you know either on the Site, the Apps or through other means of communications. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site or Apps indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.
Creating an Account
In order to access and use certain of the Services, you will need to sign in using your own personal login details or your Organization’s login details. By creating an Account, you become a “User” and represent that you are 13 years or older and are not barred from using the Services under applicable law. Your Account should be yours – don’t use the App under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization.
Do not use an organization’s account unless the person(s) responsible for that organization’s account know that you’re using its account and have given you permission to use the account in all ways that you are using the account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates Our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
You can link your Account to various social networks and other online platforms with which the Services are integrated. You may only link your own Account(s) and by doing so, you expressly authorize Us to retain your Account information from those third party accounts, on your behalf and permit Us to store your Account information for the purpose of providing the Services.
We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at feedback@echoX.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) any Content that Users (including you) provide to be made available through the Services.
You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant Echox.org a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services.
You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use
it and grant Us the rights and license as provided in these Terms, and
(ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Echox.org does not claim any ownership rights in any User Generated Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content.
Subject to the foregoing, Organization and its licensors exclusively own all right, title and interest in and to the App and Content (but not User Generated Content), including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.
We encourage you to participate and engage in the arts through Organization, but ask that you respect the Organization community – other Users just like yourself – when using the Services.
You Agree NOT to:
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Services, but we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to
comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Services. We are not responsible or liable
for the removal or deletion of (or the failure to remove or delete) any of the Content.
Content on the Services
Subject to your compliance with these Terms, EchoX.org grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of EchoX. You have the right to download and install a copy of the App to your mobile device, and to access and use the Services, for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; or (iv) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
The Services contain material protected by copyright, trademark and other proprietary information, including, but not limited to, audio, graphic, photographic and text information and all Content of the Services, which are protected by copyright, trademark and other intellectual property laws of the United States. Except as expressly provided herein, nothing in these Terms gives You a right to use the Our name or any of our trademarks, logos, domain names, and other
distinctive brand features. Further, You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the Content, in whole or in part. Any Feedback you may provide regarding
the Application is entirely voluntary and you agree that We can use Feedback without any obligation to you. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights
in a third party, if such submission is made without express permission of the intellectual property rights holder.
The App may also contain material protected by copyright, trademark and other proprietary information, including, but not limited to, audio, graphic, photographic and text information, belonging to third parties. These third party intellectual property rights belong to the respective
owners of the protected intellectual materials.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources, including to Our Partner organizations. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
By visiting this website, you agree that the laws of the the State of Washington and City of Seattle, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between echoX.com and you, or its business partners and associates.
You agree to defend, indemnify and hold harmless Organization, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your
Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may also cancel your Account at your discretion. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUTLIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Limitation of Liability
NEITHER ORGANIZATION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORGANIZATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ORGANIZATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE
LESSER OF THE AMOUNTS YOU HAVE PAID TO ORGANIZATION FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ORGANIZATION, AS APPLICABLE.
We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the
Application. Start by notifying us of your dispute by sending a notice to info@echoX.org. Your notice should let us know the nature of the dispute, who the parties to it are, and what resolution you’re looking for.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms constitute the entire and exclusive understanding and agreement between EchoX and You. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction
finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of EchoX.
Any notices or other communications provided by Organization under these Terms, including those regarding modifications to these Terms, will be given: by Organization (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Organization’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Organization. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & contact information
If you have any questions regarding these Terms, please email us at info@echoX.org.
COLLECTION OF INFORMATION
We do not generally collect personal information unless that information is voluntarily provided. However, EchoX may, without your permission, electronically collect information regarding your online habits and location, such as navigational data (i.e., log files, server logs, click-stream) and information about how the site is used by you (through cookies, analytics, Internet tags, or web beacons). EchoX may also collect information such as the URL of the website you previously visited and the time of day that you use the site.
We may decide to make certain features, products or services offered within the site subject to registration requirements. To use those areas of EchoX, you may be asked to provide certain information about yourself, such as your name, mailing address, e-mail address, username and password. You may also voluntarily submit your name, mailing address, and/or email address to a subscription list for periodic updates on matters of interest, provided that you will have the ability to opt out of further communications in accordance with procedures that will be described in each such update.
EchoX does not knowingly collect personal information from individuals under the age of 13. If we find out that EchoX has such personal information, we will take prompt and reasonable steps to delete it.
USE OF INFORMATION
We may use personal information you submit via the registration procedure or a list subscription to provide you with the content and information that you indicate you wish to receive (on the site, via email, etc.), as well as periodic updates regarding EchoX and its partnerships.
EchoX uses third-party vendors to analyze how users use the site. We may use anonymous and aggregated data collected by EchoX itself or by such third parties on behalf of EchoX to track and examine use of the site, and to create statistics and reports for various purposes. and to aggregate such anonymous data and share it with EchoX’s advertisers, service providers or business partners in order to offer you potentially desirable products and services; however, such data will not include information that enables such third parties to identify you individually without your information. The personal information compiled in our registration and subscription databases will not be shared with any marketing firms or other third parties (other than those providing services to EchoX and those restricted to using such information on behalf of EchoX) without the express consent of the registrant or subscriber.
Website Usage Information
The website usage information (e.g., log files, cookies, analytics, Internet tags, web beacons, etc.) EchoX collects from you will be used to: (a) monitor the operation, technical functions and quality of the site; (b) compile general statistics regarding use of the site; and (c) analyze demographic information about the site’s users. We may also use such information for research or improvements of the site and the services EchoX offers you. This data is also used by EchoX to deliver customized content to you when your usage of the site indicates that you are interested in a particular subject area
Search Engines and Other Sites
Search engines and other sites not affiliated with EchoX, such as archive.org or google.com, may crawl the site and make available to the public publicly-available content and postings from the site. The site may also contain links to other websites. EchoX is not responsible for the privacy practices of such other web sites. We encourage our visitors and user to be aware when they leave the site and to read the privacy statement of each website they visit.
Links to Other Websites
Interest Based Advertising
EchoX may make use of remarketing services by utilizing third party vendors (such as Google) to display content specific advertisements to visitors who have previously visited the EchoX site and/or expressed interest in the EchoX products when such visitors go to other websites that also incorporate similar remarketing tools. EchoX and other third-party vendors, including Google, use first-party cookies and third party cookies together to inform, optimize and serve ads based on a User’s past visits to the EchoX site.
If you choose, you can opt out by turning off cookies in your browser. You can opt-out from being tracked by Google Analytics by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser, by visiting: http://www.tools.google.com/dlpage/gaoptout
Finally, you may opt out by turning off cookies in the preferences settings in your browser
EchoX takes commercially reasonable security precautions in order to keep the information disclosed to this site secure. However, notwithstanding such precautions, we assume no responsibility for the security of this site or any data transmitted to EchoX.
EchoX DMCA Notice & Takedown Procedure
EchoX abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on any site that is controlled or operated by echoX that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
EchoX does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with EchoX’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by EchoX, please provide a notification containing the following details:
Then send this notice to:
Lucas Bailey, DMCA agent for EchoX
PO Box 31437, Seattle, WA 98103
DMCA agent for EchoX
If material that you have posted to a site controlled or operated by Echox has been taken down, you may file a counter-notification that contains the following details:
EchoX may, in its sole discretion, disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of EchoX. In such case, the provisions of ExhoX terms of service shall apply to any dispute about such termination.