Ekko – TERMS OF SERVICE
1. INTRODUCTION
Welcome to Ekko!
Your use of Ekko is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Ekko.
If you have any question about, or if you wish to send us any notice in relation to, these Terms, please contact us at zhangwww9799@gmail.com.
1.1 Compliance with these Terms
These Terms apply to you if you are a user of Ekko anywhere in the world.
Please review these Terms and our policies and instructions to understand how you can and cannot use Ekko. You must comply with these Terms in your use of Ekko and only use Ekko as permitted by applicable laws and regulations, wherever you may be when you use this software.
If you do not agree to these Terms, you may not use Ekko and must immediately terminate your use of this software and all services.
1.2 Contracting Entity
By using Ekko, you are agreeing to be bound by these Terms between you and Ekko Team ("we", "our" and "us").
We may specify in certain of our Ekko service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant Ekko service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Ekko service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Ekko services or features.
1.3 Service Eligibility
The services of Ekko are not for use by anyone under the age of 18.
To use the services, you agree that: (i) you must be the "Minimum Age" (described below) or older; and (ii) you are not already restricted by us from using the services provided via Ekko.
We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of Ekko who were below the new Minimum Age when they started using the services under a previous Terms of Service may continue to use them, as they have already reached the new Minimum Age since then.
"Minimum Age" means 18 years old. However, if applicable law requires that you must be older in order to lawfully use Ekko without parental consent (including using of your personal data) then the Minimum Age is such older age.
If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Ekko.
1.4 Other general terms in relation to these Terms
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
2. ADDITIONAL TERMS AND POLICIES
We offer a diverse range of services and features within Ekko, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of Ekko, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
2.1 Ekko policies
Besides these Terms, you must also comply with Ekko Privacy Policy which sets out how we collect, store and use your personal information in using Ekko.
2.2 Terms applicable to specific Ekko features
Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.
2.3 Inconsistencies
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
‧ "Changes to these Terms and Ekko";
‧ "Our Intellectual Property Rights"; and
‧ "Liability for Ekko".
3. CHANGES TO THESE TERMS AND Ekko
We may make changes to these Terms above from time to time, so please come back and review them.
In addition, as Ekko and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Ekko (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Ekko are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use Ekko after we make any change to these Terms or Ekko, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.
4. YOUR ACCOUNT
You will need to create an account with us in order to access and use Ekko via 1) using your existing account opened at third party social media platforms (such as Facebook or Google) and 2) registering and logging in as visitors. Under the circumstance you choose 1), we will have the right to access, collect and use your information relating to these third party accounts.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Ekko remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any password used to access your account and Ekko, and (ii) all use of Ekko under your account. You must promptly notify us at wdb.1983@outlook.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Ekko as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
Ekko may offer methods for deactivating your service-specific account – please refer to Ekko for further guidance (if available) from time to time.
Please note that when you login as a visitor, there is always a risk of loss of both your account and any interests linked with the account, such as gold coins you prepaid. Therefore, we highly recommend you login through Facebook or Google account, to avoid any risk of loss of information and gold coins.
5. PAYMENTS
You may, from time to time, make payments to us or third parties as part of your use of Ekko (including for the provision of Ekko or provision of certain additional features within Ekko). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN Ekko, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN Ekko (WHETHER USED OR UNUSED).
We may process payments from you in Ekko via a third party service and you agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services" section below.
Also, you agree that:
‧ your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
‧ we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
6. YOUR CONTENT
When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Ekko ("Your Content"), you understand and agree that:
‧ you will continue to own and be responsible for Your Content;
‧ we will not sell Your Content to any third party;
‧ Your Content will be shared with other users of Ekko in many ways. For example, Your Content will be seen by other users of Ekko once you have uploaded Your Content to Ekko;
‧ you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Ekko and our other services, including new services that we may provide in the future;
‧ in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
‧ we may share Your Content with third parties that we work with to help provide, promote, develop and improve Ekko, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Ekko);
‧ we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
In addition, you agree that we and our affiliate companies (subject to these Terms, our Ekko Privacy Policy and applicable laws and regulations):
You understand that even if you seek to delete Your Content from Ekko, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Ekko.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Ekko is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Ekko Privacy Policy.
7. INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact wdb.1983@outlook.com.
8. THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Ekko, including content provided by users of Ekko or by our advertisers. You acknowledge and agree that by using Ekko, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Ekko by you is at your own risk. Your use of Ekko does not give you any rights in or to any content you may access or obtain in connection with your use of Ekko.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Ekko and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through Ekko to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Ekko.
There may be, from time to time, third party content and services on Ekko that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Ekko. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
9. ADVERTISING CONTENT ON Ekko
Ekko may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Ekko.
10. OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to Ekko (including any future updates, upgrades and new versions to Ekko), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Ekko are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Ekko, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Ekko, you will first contact us to request the information you need.
We may from time to time provide updates to Ekko. Such updates may occur automatically or manually. Please note that Ekko may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Ekko, or that such updates will continue to support your device or system.
We may in our discretion provide technical support for Ekko (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
11. USE OF YOUR DEVICE BY Ekko
In order for us to provide Ekko to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Ekko – for example, we may need to use your device's processor and storage to complete the relevant Ekko software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.
You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (UDID, or other) contained in the Devices to which you have downloaded Ekko for purposes of your use of the services.
We will provide further information regarding how Ekko uses and accesses your device within Ekko or in another manner (e.g. via the relevant app store as part of the installation process for Ekko on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Ekko to you.
Any Personal Information (as defined in the Ekko Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Ekko Privacy Policy.
You may need an adequate internet connection in order to authentic your Ekko account or use Ekko. You may also be required to activate certain functionalities within Ekko in the manner described within Ekko. You may not be able to use certain functionalities within Ekko if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Ekko.
12. DO'S AND DON'TS
12.1 You agree that you will:
a. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. strictly follow these Terms; and
c. use Ekko in a good manner.
12.2 You agree that you won't:
a. act in an unlawful or bad manner in connection with Ekko, including being dishonest, abusive or discriminatory;
b. post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
c. create a profile for anyone other than yourself (a real person);
d. use or attempt to use another's account;
e. steal or attempt to steal another's virtual property, such as virtual gifts;
f. harass, abuse or harm another person;
g. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Ekko or otherwise copy profiles and other data from Ekko;
h. bypass or circumvent any access controls or service use limits;
i. copy, use, disclose or distribute any information obtained from Ekko, whether directly or through third parties (such as search engines), without the consent of us;
j. use, disclose or distribute any data obtained in violation of these Terms;
k. disclose information that you do not have the consent to disclose (such as confidential information of others);
l. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
m. violate the intellectual property or other rights of us;
n. post anything that contains software viruses, worms, or any other harmful code;
o. manipulate identifiers in order to disguise the origin of any message or post transmitted through Ekko;
p. create or operate a pyramid scheme, fraud or other similar practice;
q. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Ekko or any related technology that is not open source;
r. remove, cover or obscure any advertisement included in Ekko;
s. use bots or other automated methods to access Ekko, add or download contacts, send or redirect messages;
t. monitor Ekko's availability, performance or functionality for any competitive purpose;
u. access Ekko except through the interfaces expressly provided by us, such as its mobile applications;
v. use Ekko for tasks that it is not intended for;
w. override any security feature of Ekko; and/or
x. interfere with the operation of, or place an unreasonable load on, Ekko (e.g., spam, denial of service attack, viruses, gaming algorithms).
13. WARRANTY AND DISCLAIMER
We warrant to you that we will provide Ekko using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Ekko IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO PARE ME OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY PARE ME, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT PARE ME WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT PARE ME WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT PARE ME WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
14. LIABILITY FOR Ekko
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR PARE ME, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE PARE ME AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF Ekko; OR (II) YOUR BREACH OF THESE TERMS.
15. NO LIABILITY FOR THIRD PARTIES
As set out in the "Third Party Content and Services" sections of these Terms, various third parties may provide certain content, services or software within Ekko.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH Ekko, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN Ekko.
16. TERMINATION
These Terms will apply to your use of Ekko until your access to Ekko is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Ekko: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Ekko creates risk for us or for other users of Ekko, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Ekko for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Ekko (in whole or in part), you will immediately permanently delete all copies of Ekko to which the termination relates and you will immediately cease accessing and using Ekko.
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Ekko Privacy Policy). Where we suspend or terminate all or part of Ekko, or where your access to Ekko is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
17. GENERAL
These Terms are the entire agreement between you and us in relation to Ekko. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
This User Generated Content Agreement (the “Agreement”) seeks your permission to use and showcase your social media content generated by you on our website, social media sites, and promotional/informational materials (“User Content”). BY REPLYING WITH ANY OF THE FOLLOWING HASHTAGS – #Ekkophoto, #artistryphoto, #nutrilitephoto, #xsphoto – YOU AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT, ENTERED BY AND BETWEEN YOU, THE OWNER OF THE USER CONTENT, AND ALTICOR INC. (“Ekko”). For good and valuable consideration, of which the parties acknowledge, the terms of this Agreement are as follows:
You hereby grant to Ekko and its related companies, agents, licensees, sublicensees, contractors, successors, assignees, third-party service providers, and other affiliates (collectively “Licensees”), in accordance with the terms and conditions of this Agreement, a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, and transferrable license to use, display, reproduce, distribute, transmit, create derivative works from, and alter, your User Content for any purpose, in any manner to be determined by Licensees in their sole discretion, including but not limited to on webpages and social media pages, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any type or form of media now or hereafter known. The Licensees may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit User Content in any manner in their sole discretion, with no obligation to you whatsoever. You further grant to the Licensees a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, and transferrable license to use, display, reproduce, distribute, transmit, create derivative works from, and alter your image, voice, name, likeness, signature, business name, business logos, and testimonial copy and any other indicia of identity (collectively, “Persona”) as contained in the User Content, and to make any changes and/or additions thereto, or derivative works therefrom. You also grant to Licensees the right to use your Persona in association with the User Content.
You represent and warrant that (a) you own all rights in and to the User Content, and have the exclusive right to license to others the right to produce, copy, make, sublicense or sell the User Content; (b) you are not a minor and are of a legal age to enter into this Agreement; (c) the User Content, and Licensees use of the User Content, does not violate any laws or regulations; (d) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; (e) you have not used a false email address, impersonated any person or entity, or otherwise mislead Licensees as to the origin of any User Content; and (f) if you are an Ekko Independent Business Owner, the User Content complies with the Ekko Rules of Conduct.
Ekko acknowledges and agrees that the license granted herein is non-exclusive and that you may license others to use the User Content. Ekko acknowledges that you are the sole and exclusive owner of the Content, and Ekko shall do nothing inconsistent with such ownership. Ekko further agrees that it will not claim ownership rights to the User Content, or any derivative, compilation, sequel or series, or related content owned by or used by you. Ekko agrees that nothing in this Agreement shall give Ekko any right, title, or interest in the User Content except as set forth in the terms of this Agreement.
The User Content is not confidential to Licensees and shall have no protections of confidentiality. By agreeing to this Agreement, you consent to Licensees’ collection and use of any personal information you provide in connection with Licensees’ use of the User Content. You acknowledge that your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on behalf of the Licensees.
Websites or social media sites owned or operated by Licensees may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Licensees by authorizing use of the User Content or otherwise using or accessing websites or social media sites owned or operated by Licensees.
YOU RELEASE, DISCHARGE AND AGREE TO HOLD LICENSEES, AND ANY PERSON ACTING ON THEIR BEHALF, HARMLESS FROM ANY LIABILITY RELATED IN ANY WAY TO LICENSEES’ USE OF THE USER CONTENT. IN NO EVENT WILL LICENSEES BE LIABLE, NOR DO LICESEES ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE USER CONTENT, OR OTHERWISE, EVEN IF LICENSEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, LICENSEES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, LICENESEES’ LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY WAIVE AND SURRENDER ANY CLAIMS WHICH YOU MAY NOW HAVE OR HEREAFTER HAVE THAT USE OF YOUR PERSONA IN CONNECTION WITH THE USER CONTENT WOULD CONSTITUTE AN INVASION OF YOUR PRIVACY AND/OR A VIOLATION OF YOUR RIGHT OF PUBLICITY. YOU ALSO SPECIFICALLY WAIVE ANY MORAL RIGHTS OR DROIT MORAL YOU MAY HAVE UNDER THE LAWS OF ANY COUNTRY OR STATE, IF PERMITTED UNDER THE LAW OF SAID COUNTRY OR STATE. WHERE MORAL RIGHTS CANNOT BE WAIVED ACCORDING TO THE APPLICABLE LAW, YOU FURTHER AGREE NOT TO EXERCISE SUCH RIGHTS WITH RESPECT FOR THE NORMAL EXPLOITATION OF THE USER CONTENT BY LICENSEES.
Ekko reserves the right to alter this Agreement without advance notice by posting a revised Agreement. Accordingly, you should review this Agreement each time you grant permission or authorization to use User Content.
No waiver by Ekko of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ekko to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. All disputes arising from the terms of this Agreement shall be subjected to binding arbitration with one arbitrator. This Agreement shall be governed by and construed in accordance with the laws of Michigan without regard to the conflicts of laws rules thereof and any arbitration shall be brought in Michigan using Michigan state laws when applicable.
***END***