Echo Active’s Terms of Use (“Terms”) are a contract between you and Echo Active Pty Ltd (“EA”), which is applicable when you use our web site, www.echoactive.au, or other related sites, services, products, or content provided by Echo Active, globally, now or in the future, (“Echo Active Services” or “Services”).
By accessing or using Echo Active Services, whether or not you create an account, you agree to be bound by these Terms. If you don’t agree, please don’t use Echo Active Services.
Echo Active may update these Terms from time to time. We'll let you know if we make significant changes by sending a notice to the email address connected with your Echo Active account, or by placing a notice in a prominent place on our site. If we make a significant change, the notice we provide will indicate when the change will be effective. If you don't agree with the upcoming change, please delete your account. If you continue to use the Echo Active Services after the stated effective date, you'll be deemed to have accepted the change.
To be eligible to use the Echo Active Services, you must be at least 13 years old, old enough to enter into a contract with Echo Active, and have a valid email address. You must create an account to post content on Echo Active Services and to access other features offered only to account holders. We require an email address, password and a username, which may or may not be your real name.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Echo Active cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You must provide an email address that belongs to you. When you sign up to create an Echo Active account, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. Echo Active reserves the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.
Echo Active is constantly evolving and we expect new features, functions and settings to be introduced regularly. You can go to “Settings” to customise your Echo Active Services experience.
We don’t claim ownership over any Content that you post on the Echo Active Services. “Content” means any content or creative expression that you’re able to upload or post on the Echo Active Services, including text, images, files, animations, logos, comments, or otherwise. However, when you post or transfer Content to Echo Active Services, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide the Echo Active Services.
You're responsible for the Content you submit to the Echo Active Services. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on the Echo Active Services, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.
When you post on Echo Active Services, you're agreeing to allow other Echo Active users and members of the public (unless you set your Settings to prevent public display) to view, distribute and display your Content. Consider the Content you post on the Echo Active Services to be publicly available indefinitely since it may be distributed by other Echo Active Services members through social media or otherwise, or be cached on third party search engines, even after your Echo Active Services account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.
We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to the Echo Active Services for any reason.
You understand that when using the Echo Active Services, you may be exposed to content from a variety of sources, and that Echo Active is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Echo Active with respect thereto.
Unless requested by law enforcement or the government, Echo Active will never sell, distribute or share your Content outside of the Echo Active Services without your permission. However, as mentioned above, other Echo Active Services users may distribute and share your Content outside of the Echo Active Services.
At any time, you may delete your Content from the Echo Active Services, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the Echo Active Services. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from the Echo Active Services. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.
We may modify our Services at any time, since the Echo Active Services are a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
If you sign up and haven’t uploaded a profile picture or header image within 60 days of first creating your account, we may remove your account and allow another user to select your username. We may send you a warning e-mail before doing so.
If you haven’t logged into your account for 1 year, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.
If you use a bot to post on Echo Active Services, or to sign up for multiple accounts, or to follow other users, we may delete your account. If you follow too many other users we may delete your account if we feel you're not using our account like a normal person.
Echo Active Services may contain links to third-party websites or resources. You acknowledge and agree that Echo Active is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Echo Active of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Echo Active Pty Ltd owns all rights to our logo, the Echo Active Services, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of the Service, including the Echo Active HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Echo Active.
Echo Active may offer some features or functionality for a fee. Fees are stated in Australian dollars, and you’ll be responsible for any applicable sales taxes or other charges arising from the transaction. Even though you’re paying for a feature or functionality, you don’t own it – you’re purchasing the right to use or access that feature or functionality. Fees are non-refundable. Echo Active may charge fees at any time in its discretion. We won't collect credit card numbers – instead, we will use a trusted third party credit card or payment processor.
You need to be 13 years or older to use the Echo Active Services. If you’re under 13, please don’t use the Echo Active Services. If we learn that you or anyone else is under 13 and is using the Echo Active Services, we’ll close the account.
We do our best to protect our service from security vulnerabilities, and to make the Echo Active Services better. We will do our best to keep you informed of any threats that may arise as a result of your use of our website.
If you see your Content on Echo Active being used without your permission, you can contact Echo Active to notify us of any infringement.
For your request to be considered, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You acknowledge and agree that Echo Active’s servers and operations are in Australia or elsewhere around the world as determined by us. As a result, regardless of where you live, your Content is transferred to and stored in Australia or on premises that we may choose to use, and you hereby consent to the transfer, processing, and storage of your Content in Australia at other locations as we determine.
The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, (c) you shall not access the Service in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.
The service and all content is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Echo Active, its subsidiaries, and its licensors do not warrant that the service or content on the service is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.
You understand that Echo Active is not responsible or liable for, and you hereby release Echo Active, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Echo Active Services members, whether those interactions are through the Echo Active Services or in the real, physical world, (b) your own acts and omissions, and (c) your Content.
To the maximum extent permitted by applicable law, in no event shall Echo Active, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. To the maximum extent permitted by applicable law, Echo Active assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user submissions or the defamatory, offensive, or illegal conduct of any third party. Notwithstanding anything to the contrary contained herein, Echo Active’s liability to you for any damages arising from or related to these terms or your use of the service (for any cause whatsoever and regardless of the form of the action), will not exceed the greater of (a) $100 or (b) total fees paid by you to Echo Active during the six (6) months prior to the time such claim arose.
These terms and the rest of our legal terms constitute the entire agreement between you and Echo Active regarding the use of the service. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Echo Active’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Echo Active may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.
These terms shall be governed by the laws of the state of Victoria, Australia without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Echo Active has not adhered to these terms, please contact Echo Active. We'll do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Echo Active are unable to reach a resolution to the dispute, you and Echo Active will settle the dispute exclusively under the rules of the Australian Institute for Commercial Arbitration (www.aica.asn.au) in Melbourne, Australia. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Echo Active agree that any arbitration will be limited to the dispute between Echo Active and you individually. You acknowledge and agree that you and Echo Active are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Echo Active otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
All trademarks, logos and service marks (“Marks”) displayed on the site and Service are our property or the property of other third parties. You are not permitted to use these Marks.
These Terms are an agreement between you and Echo Active Pty Ltd, incorporated in Australia, ACN 601 597 380.