Website Terms of Use
Last Modified: April 15th 2024
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. SOME SECTIONS MAY LIMIT OUR LIABILITY AND YOUR RIGHTS TO MAKE A CLAIM AGAINST US.
Hello and welcome to Echobox Website Terms of Use (“Terms of Use”) that apply to www.echobox.ca and any website where we display these terms (each a “Site“).
Echobox Memory Vault Ltd. (“Echobox“ or “we”) operates each Site to provide online access to information about Echobox and the products, services, content, and opportunities we offer.
By accessing and using a Site, you agree to these Terms of Use and to our Privacy Policy.
We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is stated above, so be sure to check back for updates.
Since our Terms of Use govern your use of a Site, please be sure to read the Terms of Use carefully.
1. Permitted Use of a Site
You may use a Site, and the information, writings, images, or other works that you see, hear, or otherwise experience on a Site provided and hosted by Echobox (collectively, the “Content“), solely for your non-commercial, personal purposes or to learn about Echobox and the products, services, and opportunities we offer solely in compliance with these Terms of Use. The Site is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least age 13 to access and use the Site. If you are between the ages of 13 and the age of majority in your province, state, or territory of residence, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for:
(a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is not meant for minors and should not be accessed by a minor.
2. Prohibited Use of a Site
By accessing a Site, you agree that you will not:
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- Use a Site in violation of these Terms of Use;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble a Site, or otherwise attempt to discover any source code, or allow any third-party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third-party, the Content or Site in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses a Site in a manner that sends more request messages to the servers hosting Echobox’s products, services, and Sites, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use a Site in any manner that damages, disables, overburdens, or impairs any Echobox website or interferes with any other party’s use and enjoyment of a Site;
- Mirror or frame a Site or any part of it on any other web site or web page or attempt to gain unauthorized access to a Site;
- Access a Site by any means other than through the interface that is provided by Echobox for use in accessing a Site;
- Use a Site for any purpose or in any manner that is unlawful or prohibited by this Agreement. Any unauthorized use of any Content or a Site may violate patent, copyright, trademark, and other laws.
3. Copyrights, Trademarks, and Intellectual Property
Each Site is based upon proprietary Echobox property and includes the Content. Each Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Each Site, including all intellectual property rights in a Site, belongs to and is the property of Echobox or its licensors (if any). Echobox owns and retains all of its copyrights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or a Site, in whole or in part, by any means. Echobox, Echobox logos, and our other marks used by Echobox from time to time are trademarks and the property of Echobox. The appearance, layout, color scheme, and design of the Site are protected trade dress. You do not receive any right or license to use the foregoing.
Echobox may use and incorporate into a Site or Echobox services any suggestions or other feedback you provide, without payment or condition.
If you believe any Content infringes a copyright you own or control, you may file a notification of such infringement with us. Any notice of infringement should include the following information:
- a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a 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
- a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. Information and Materials You Post or Provide
You represent that you have all right, title, and interest to materials you post on a Site or provide to Echobox (“Materials“), including but not limited to any consent, authorization, release, clearance, or license from any third- party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials. You also represent that posting such Materials does not violate or infringe any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise breaches any agreement with any other person or entity. You grant to us all rights, licenses, and permissions necessary to display, reproduce, disseminate Materials provided through or disclosed by you.
You represent and warrant that you are who you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit. You also represent the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly or with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.
5. User Accounts
Certain features made available on the Site may require registration or subscription and an account. Should you choose to register or subscribe for an account, you agree to provide accurate and current information about you during the registration or subscription process, and to promptly update such information as necessary so that it is
accurate and complete. You are responsible for protecting your account and passwords and for all use of your account by you and other users (authorized or not). You must notify us immediately if you suspect unauthorized use of your account. You agree that we may rely on any changes you make to your account and shall not be responsible for any errors or omissions in any changes you incorrectly request through your account.
We are not and you agree we will not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. We reserve the right at any time to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
6. Links to Third-Party Web Sites
Links on a Site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Any of these links do not mean we have endorsed, sponsored, or recommended the third-party, the third-party web site, or the information there. Echobox is not responsible for the availability of any such web sites. Echobox is not responsible or liable for any such web sites or their content.
7. Third-Party Content
We may provide third-party content on the Site (including embedded content) or content, applications, products, and services, including advertisements and promotions (collectively, “Third-Party Content“) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Content. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and we undertake no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content at your own risk. When you participate in promotions or business dealings with third parties, you should understand that our Terms of Use and other terms, agreements, or policies no longer govern, and that the terms and policies of the third- party will now apply. You should review the applicable terms and policies carefully.
8. Downloading Files
Echobox cannot and does not guarantee or warrant that files available for downloading through a Site will be free of infection by software viruses or other harmful computer code, files, or programs.
9. Electronic Communications
When you use the Site to send us messages, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Site or through its communication functions. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe from our commercial electronic messages through the unsubscribe mechanisms we provide in our messages. Our mailing address, telephone number, and general contact email are available in the footer of the Site or where otherwise posted on the Site.
10. Contests and Promotions
We may occasionally run contests, sweepstakes, promotions, giveaways, prizes, and similar activities (“Contests“)
through the Site. Contests are subject to their own terms and conditions as stated in the description of the Contest.
All Contests are subject to applicable law, including any applicable eligibility restrictions. Depending on the laws of the location in which you reside, you may not be able to participate in Contests and in such circumstances, you agree to not participate in or access the Contest through the Site. We may also feature Contests of third parties on our Site where we feel such Contests are of interest to our Site visitors and users. All such third-party Contests are considered Third-Party Content for the purposes of these Terms of Use.
11. Disclaimers
ECHOBOX AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF A SITE OR
THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ECHOBOX AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ECHOBOX IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
12. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECHOBOX AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF ECHOBOX OR ANY OF ECHOBOX’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ECHOBOX IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ECHOBOX AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
13. Indemnification
To “indemnify” means to compensate someone for harm or loss they suffer due to the other party’s actions or failure to act. An indemnification clause says the other party will defend the harmed party in any claim made against them by a third party and will cover the cost of the losses. The intent is to shift liability away from one party on to the indemnifying party. You understand and agree that you are personally responsible for your behavior on a Site. You agree to indemnify, defend and hold harmless Echobox, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use a Site or the Content, or any violation by you of these Terms of Use.
14. General Provisions
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- Entire Agreement; No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter of these Terms of Use. No waiver by Echobox of any breach or default of the Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Wetherefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- Enforcement; Choice of Law; Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any disputes relating to these Terms of Use, Echobox’s Privacy Policy, your use of a Site, any other Echobox website or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable in the province, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or provincial courts in Calgary, Alberta in the event of any dispute of any kind arising from or relating to these Terms of Use, Echobox’s Privacy Policy, your use of a Site, any other Echobox website or the Content.
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