IMPORTANT NOTICE: BY ACCESSING AND USING ANY SERVICES, APPLICATIONS, OR CONTENT AVAILABLE ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT CONTINUE ACCESSING AND USING ANY SERVICES, APPLICATIONS, OR CONTENT AVAILABLE ON THIS WEBSITE.
This is a binding agreement (the “Agreement”) between you (“You” or “Your”) and eoTV, Inc. (“ekkoTV”) for access to, and use of, the services and applications, and the content posted and viewed on this website (collectively, the “Service”). You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement.
ekkoTV reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon their publication on this website, and Your continued use of the Service constitutes Your acceptance thereof. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement to which You are bound.
Availability of Service. ekkoTV endeavors to provide its users with a high quality experience, but ekkoTV does not guarantee availability of the Service. The Service is subject to unavailability including unavailability due to emergencies, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. We are not responsible for any interruptions or performance issues with the Service.
Prohibited Uses; Control Over Use. You agree to use the Service in accordance with the acceptable uses set forth in this Agreement. You agree not to use or attempt to use the Service to damage or cause risk to ekkoTV’s business reputation, employees, subscribers, facilities, or to any person. In addition, improper uses include, but are not limited to, the following: (a) violating any federal, state, or local law or regulation; (b) posting or transmitting content You do not have the right to post or transmit; (c) posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in ekkoTV’s sole discretion; (e) attempting to intercept, collect or store data about third parties without their knowledge or consent; (f) deleting, tampering with or revising any material posted by any other person or entity; (g) accessing, tampering with or using non-public areas of the Service; (h) sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”; (i) using or attempting to use the Service to send altered, deceptive or false source-identifying information; (j) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; (k) interfering or attempting to interfere with the access of any user, host or network, including, without limitation, sending a “virus” to the Service, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service; and/or () impersonating or misrepresenting Your affiliation with any person or entity.
If ekkoTV suspects violations of any of the above, ekkoTV may: 1) institute legal action; 2) immediately, without prior notice to You, terminate the Service; and/or 3) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with ekkoTV in investigating suspected violations.
ekkoTV has the right, but not the obligation, to monitor the use of the Service. ekkoTV may change, suspend or discontinue any aspect of the Service at any time. ekkoTV may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.
Copyright Notice; DMCA. Copyright owners may report alleged infringements of use on the Service by sending ekkoTV’s [authorized agent] [Discuss] a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). Upon ekkoTV’s receipt of a satisfactory notice of claimed infringement, ekkoTV will respond expeditiously to (1) remove the allegedly infringing work(s) used on the Service or (2) disable access to the work(s). Copyright owners may send ekkoTV a notification of claimed infringement to:
500 Office Center Dr, Fort Washington, PA 19034
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to ekkoTV, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
Privacy. Use of the Website is subject to the terms of the Privacy Policy available at http://www.ekko.tv. ekkoTV reserves the right, in its sole discretion, to change the Privacy Policy, in whole or in part, at any time. Amendments to the Privacy Policy will take effect immediately upon publication on this website, and Your continued use of the Service constitutes Your acceptance thereof. Material changes to the Privacy since the date of its first publication are listed in the Privacy Policy.
Idea Submission and You Communications to ekkoTV. Except as otherwise provided under the Privacy Policy concerning personally identifiable information, if You forward or transmit to ekkoTV through the Service, by electronic mail or otherwise, any suggestions and materials, including any questions or answers, ideas, comments, suggestions, or the like (the “Information”), such Information, to the extent it does not identify You, will be treated as non-confidential and non-proprietary. Furthermore, You give up all intellectual property rights, including any moral, publicity and privacy rights You have in the Information. ekkoTV is free to use the Information, without limitation and without any compensation to You, for any purpose whatsoever, including, but not limited to, developing and marketing products and services using the Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating or otherwise using the Information. ekkoTV will have no obligation to use the Information.
Your Further Acknowledgments and Covenants. As set forth in the Privacy Policy, we secure Your personal information in accordance with generally accepted industry standards. Nevertheless, You acknowledge that transmissions to and from this Service may be read or intercepted by third parties. You acknowledge that ekkoTV does not attempt to review, edit, modify, regulate or control the content of any websites that are linked to the Service and that ekkoTV shall not be held responsible or liable for any third party website.
You represent that You shall not upload, post or transmit to, distribute or otherwise publish through the Service any materials which are unlawful, violate or infringe the rights of third parties, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information. You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not link to the Service in any manner that would bypass the website’s home page. You may not “frame” the Website or any portion thereof. You promise to maintain the confidentiality of Your account and to protect unauthorized access to Your computer. You represent that You will accept responsibility for all activities that occur from Your computer or through Your account. You promise not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the source of personal information.
Copyright/Trademark/Firmware/Software. The Service and any firmware or software used to provide the Service, or used in connection with the Service, and all Service information, documents, and materials delivered to You by ekkoTV or located on the website are protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of ekkoTV are and will remain the exclusive property of ekkoTV and nothing in the Agreement grants You the right or license to use any of such Marks. You agree not to reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service.
Termination of Service. ekkoTV reserves the right to suspend or discontinue providing the Service generally, or to terminate Your access to the Service, in whole or in part, at any time in its sole discretion. ekkoTV has the right to immediately terminate this Agreement in the event You breach this Agreement or engage in conduct that ekkoTV, in its sole discretion, considers unacceptable. If this Agreement is terminated, You will no longer be authorized to access the Service. In the event of termination, the restrictions imposed on You in this Agreement, the disclaimers and limitations of liabilities, and the indemnification set forth in this Agreement, shall survive
Complaint Resolution/Notices. In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, You may contact ekkoTV at _____________. Written notice to ekkoTV will be effective when received at the email listed above. Written notices to You will be effective upon being sent to Your e-mail address as kept in our files. You are responsible for notifying us of any changes in Your e-mail address.
Disclaimers; Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EKKOTV DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EKKOTV ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, OR AGAINST INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND EKKOTV’S CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET TRAFFIC, NETWORK USAGE LEVELS, AND USER AND THIRD PARTY EQUIPMENT PERFORMANCE. ACCORDINGLY, EKKOTV WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF EKKOTV. EKKOTV CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED. Some states do not allow the disclaimer of warranties, so the above exclusion may not apply to You in whole or in part.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EKKOTV OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF EKKOTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify, defend and hold harmless ekkoTV, its affiliates, and its and their officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Service or breach of any terms of this Agreement (including, without limitation, the acceptable use terms).
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts located in Philadelphia, Pennsylvania. You agree that You will not bring or be a party to any class action lawsuit against ekkoTV. You agree that ekkoTV may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Miscellaneous. This Agreement constitutes the entire understanding between ekkoTV and You with respect to Your use of the Service. You may not assign this Agreement. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
