Echo360
Online Terms and Conditions

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: 

1. Combine or integrate the Service and/or any Downloadable Tools with hardware, software or other technology or materials not provided by us;
2. Modify, adapt, translate, or create any derivative product based on the Services or Downloadable Tools;
3. 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;
4. 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.
5. 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)
6. Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations
7. 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.
8. Use the Services or Downloadable Tools to:
   1. violate any local, state, federal, or international law or regulation;
   2. transmit or send unsolicited commercial communications;
   3. abuse, stalk, harass, threaten, harm, or otherwise violate the legal rights of another individual;
   4. 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;
   5. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
   6. access the Echo360 Sites through any robot, spider, or other automated means;
   7. “screen scrape,” “monitor,” “mine,” “copy,” or “mirror” the Echo360 Sites;
   8. 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);
   9. 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
   10. upload or transmit information or content that is infringing, defamatory, obscene, indecent, fraudulent or otherwise illegal.

Without our written consent, you may not:

1. Use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or
2. 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.

D. Feedback

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 will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Echo360 Sites, such as information you upload or enter when using the Echo360 Sites in accordance with applicable industry standards, applicable law, and our Privacy Policy.  You shall protect the confidentiality and security of your credentials, and you shall not allow any person to have access to or to use your credentials.

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