Terms of Service
Effective July 23, 2018
1. Agreement to Terms
By using Echo GameWorks LLC (“The Company”) services (“Services”) including games, applications, websites, and related services, you are agreeing to these Terms and our Privacy Policy. By installing, using or otherwise accessing the Services, the individual or entity (“You”) agree to these terms of service. if you do not agree to these terms of service, please do not install, use or otherwise access the Services. Use of the service is void where prohibited.If you are the parent or legal guardian of a child under the age of 13 (the “Parent”), you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy.
2. Who May User the Services
In accordance with COPPA, this Service is not directed toward anyone under 13 years of age. You may use the Services only if you are 13 years of age or older and capable of forming a binding contract and are not barred from using the Services under applicable law. If you are between 13 years old and 18 years old, your legal guardian has reviewed and agreed to these Terms and allows you to access and user our Services. You are responsible for all activities that occur while utilizing this Service.
3. License
Subject to these Terms, The Company grants you a non-exclusive, non-transferrable, non-sublicensable license to use our Services for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose. Except as expressly permitted in these Terms, you may not (a) copy, modify, or create derivative works based on the Services; (b) distribute, transfer, sublicense, lease, lend, or rent the Service to any third party; (c) reverse engineer, decomplile, or disassemble the Service; or (d) make the functionality of the Service available to multiple users through any means. The license commences on the date that you accept these Terms and install or otherwise use or Services. The license ends on the earlier of your disposal of the Services or our termination of the license in accordance with these Terms. The Company reserves all rights in and to the Services not expressly granted to you under these Terms.
4. Conduct, General Prohibitions, and the Companies Enforcement of Rights
You may not use any technological or other means (such as by cheating, using bugs or glitches in the Services, or by using third party tools or software) to use the Services in a way that is not within the spirit of fair play or these Terms. You specifically agree that You will not (a) use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent our affiliation with a person, entity, or our Services; (b) disguise, anonymize or hide your IP address or the source of any content that You may upload; (c) interfere with or disrupt the Services or servers or networks that provide the Services; (d) ‘harvest’ or ‘scrape’ or collect any information about or regarding other people that use the Services including but not limited to any personal data or information(including but not limited to ‘pixel tags’ cookies, or similar items such as ‘spyware’ or ‘pcms’ (passive collection mechanisms); (e) disobey any requirements or regulations of any network connected to the Services; (f) circumvent technological measures designed to control access to, or elements of, the Services; (g) do anything else that is not within the spirit of fair play or the Terms.
5. Purchases
If you wish to purchase products or services described in the Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Review the Services’ privacy policy at www.echogameworks.com/privacy before submitting such information. In-Service, purchasable goods (“Goods”) represent any of, but not limited to, the following content: features, art, music, capabilities, and functionalities available by the Service. Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, You have certain rights to withdraw from online purchases. However, note that once You submit an online purchase and it has been confirmed, your right of withdrawal ends. You agree that purchase of Goods involves immediate download of stated Content.
6. Suspension and Termination of Account and Services
Without limiting any other remedies, The Company may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or The Company suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to You. You can lose your user name and persona in the Services as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased Goods associated with your use of the Services, and The Company is under no obligation to compensate you for any such losses or results.Without limiting our other remedies, The Company may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if The Company believes that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, The Company may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
The Company reserves the right to terminate any account that has been inactive for 180 days. The Company reserves the right to stop offering and/or supporting the Services or a part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, The Company shall not be required to provide refunds, benefits, or other compensation to users in connection with the discontinuation of Services. You may terminate your Account at any time and for any reason by the process listed on www.echogameworks.com/unsubscribe.
7. Disclaimer of Warranties
Without limiting The Company’s liability, below, the Services are provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. The Company (a) does not warrant that you will be able to access or use the Services at the times or locations of your choosing; (b) that the service will be uninterrupted or error-free; (c) that defects will be corrected; or (d) that Services are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
8. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the maximum extent permitted by law, The Company shall not be liable to You for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Services itself, whether based on contract, tort or any other legal theory, and whether or not The Company has been advised of the possibility of such damages. To the extent not prohibited by law, The Company shall not be liable to you for more than the amount you have paid to The Company in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to The Company during such time period, your sole remedy (and The Company’s exclusive liability) for any dispute with The Company is to stop using the Services and to cancel your Account. Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of The Company or for death or personal injury arising from any negligence or fraud of The Company. You agree to indemnify, defend and hold The Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
9. Dispute Resolution and Law
If a dispute arises between you and The Company, it is strongly encouraged you to first contact us directly to seek a resolution by contacting us at www.echogameworks.com/contact. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by Texas law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against The Company must be resolved exclusively by a court located in Houston, Texas.
10. Severability
You and The Company agree that if any portion of these Terms of Service or of The Company Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
11. Changes to the Services
You understand that the Services are always evolving. The Company may require that you accept updates to the Services that may be installed on your computer, or device. You acknowledge and agree that The Company may update the Services, with or without notifying you. You may need to update third party software in order to receive the Services.
12. Changes to Policies
The Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Company policies at any time by posting the amended terms on the Services. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Company Privacy Policy, or any other Company policy, 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.
13. Notices
We may notify you via postings on www.echogameworks.com, and via e-mail or any other communications means to contact information you provide to us. Any notices that you provide shall be given via wwww.echogameworks.com/contact. Any notices that you provide not in compliance with this Section on Notices shall have no legal effect.
14. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including The Company Privacy Policy), contain the entire understanding of you and The Company, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.