END USER LICENSE AGREEMENT AND TERMS AND CONDITIONS

END USER LICENSE AGREEMENT AND TERMS AND CONDITIONS

 

Welcome to Echoes of Space!

 

This End User License Agreement and Terms and Conditions (“these Terms”) represent the Agreement between Echoes of Space (“us,” “our,” “we”) and the Customer (“You”) (individually, “Party”, jointly, “Parties”) governing your use of our services available through our (the “Website”) and our mobile application(s) (the “App(s)”), where those services are the “Service”), as well as your access to and use of the Website and App.

 

To have a copy of these terms sent to you, contact Echoes of Space at hello@echoesofspace.com

 

  • USE OF SERVICE

 

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY INSTALLING OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE OUR SERVICES.

 

  • OUR SERVICE

 

We deliver high-quality design services through our interactive e-commerce platform. Through our platform, we will guide you to the right design services you need by interactive communication, linking you and the designer.

 

  • ELIGIBILITY

 

  • This is a contract between you the customer, and us. You must read and agree to these terms before using the service.  You may use the service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable local, state, national laws, rules, and regulations.

 

  • You must be at least 13 years of age to be eligible to use the service. Any use or access to the service by anyone under 13 is strictly prohibited and in violation of this agreement. 

 

  • SCOPE OF OUR LICENSE

  1. License Grant to You. The Website and App is licensed, not sold, to you for use only under these terms. Subject to your complete and ongoing compliance with these terms, we hereby grant you a personal, limited, revocable, non-transferable license to access and use the Website and the App, in both instances solely for your own use or on whose behalf you are authorized to act to access and receive the Service.

  1. License Limitations. You may not modify, alter, reproduce, or distribute the Website or App. You may not rent, lease, lend, sell, redistribute, or sublicense the Service, Website or App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Website or App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, Website or App or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in these terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.

  1. Applicability to Updates. These terms will govern any updates provided to you by us that replace and/or supplement the Website or App, unless such upgrade is accompanied by a separate license or revised terms, in which case the terms of that license or revised terms will govern.

  • REGISTRATION AND ELIGIBILITY

  1.  Account Types and Registration. Anyone may browse the public-facing pages of the Website, App, and Service and take the style profile, but to start the custom design plan, the client must register.

  1.  Client. To become an Echoes of Space Design Client, you must provide your zip code, phone number, email address, name and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have a phone call or online chat with your chosen designer. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.

  1.  Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail to hello@echoesofspace.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account. 

  • OUR PROPRIETARY RIGHTS

  • Echoes of Space alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service. 

 

  • Our Agreement is not a sale and does not convey to you any rights of ownership in or related to our services, or the Intellectual Property Rights owned by us. Accordingly, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our content. Use of our content for any purpose not expressly permitted by this agreement is strictly prohibited. 

 

  • The service, our name and logo are the exclusive property of Echoes of Space.

 

  • CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU

  1.  Your Content. If you are a Client, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Service (“Your Content”) with us. Your Content may be made public, so do not upload any confidential content. We claim no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights. Separately, you may give us or our agent the right to take photos or record video of areas of your home after the design services are complete (“After Images”).

  1.  You, and not us, are responsible and liable for Your Content. Because we do not control Your Content or the content posted on or through the Service by other users (collectively with Your Content, “UGC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Service, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.

  1. We may disclose and/or remove UGC. We have certain rights. We have the right (but do not assume the obligation) to:

  1. monitor all UGC;

  2. remove or block any UGC at any time without notice at our sole and absolute discretion;

  3. disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect our rights and that of others, or to enforce these terms; and

  4. terminate your access to and use of this Service, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.

  1. You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

  1. Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.

  1. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in these terms, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.

  1. Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). We will utilize any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at hello@echoesofspace.com.

  1. License Grants to ECHOES OF SPACE. By creating, posting, or sharing Your Content on or through the Service, or allowing us to take, obtain, or record After Images, you grant us a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate our business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service, and (c) with regard to After Images only, for any lawful business purpose.

  1. We shall own all rights, title, and interest to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our services. Accordingly, you may choose to, or we may invite you to submit comments or ideas about our services, including without limitation about how to improve our services or our ideas. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.

 

 

  • PRIVACY

We care about the privacy of our Customers. You understand that by using the service you consent to the collection, use and disclosure of your personally identifiable information and will only be used to identify what the customer needs are to the service providers. 

 

  • FEES; PAYMENTS.

 

  •  Fees. The estimated fee (the “Estimated Fee”) for the Service(s) and Items purchased through the Service (e.g., all design package services and merchandise products) will be set forth during the ordering process for Service(s) that you go through on the Website. The Estimated Fee on Items purchased through the Services is based on the price known to us at the time you checkout through the Services. Because we work with a number of Vendors, we do not have control over the pricing of all Items offered through our Services. After you place your order, we will notify you of any discrepancies in Item prices, in which case you will have the option of accepting the actual price or rejecting the Item for which the price changed. We will process the order (a) for all Items for which the price did not change from the Estimated Fee, and (b) for all Items for which you have approved a price change from the Estimated Fee (where the final fee for the items in (a) and (b) is the “Fee”). The Fee is due and payable in advance of Client’s design, product recommendation process, or order placement of Items.

 

  • Payments. The Service currently uses third parties to process payments. Our third- party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. When you use the Service to place an order for Items, you authorize the purchase and delivery of the Items (subject to any confirmation of Item prices). You agree that we will obtain a temporary pre-authorization of your credit card to cover the cost of the Items you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. You acknowledge that taxes and shipping costs are estimated at the time of checkout, and you agree to any final tax and/or shipping costs as calculated by us, based on your shipping location and the Fee. Your credit card statement will reflect the final total amount charged to you upon order completion.

 

  • Taxes. The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (“Taxes”) resulting from a transaction occurring through the Service. We will collect and remit such Taxes from Clients where required by law, but a Client may be responsible for additional Taxes not collected by us. All taxes are calculated using the Fee.

 

  •  Refunds. We may offer any Client a full or partial refund at our sole discretion. Please email hello@echoesofspace.com.to request a refund. 

 

 

 

 

  • ADDITIONAL SERVICES FROM ECHOES OF SPACE.

 

  • Third Party Purchases. A Client may wish to purchase certain items (“Items”) offered by third parties (each, a “Vendor”) through the Service. We will collect the cost of these Items (as part of the Fee) from you in advance of us placing orders with the Vendor for the purchase of the Item(s). All Vendor terms and conditions apply to these purchases of Items, including return policies and shipping costs. Note that while we use reasonable efforts to display the current and accurate price for Items, the price for Items is dynamic, and the price displayed on the Service for any particular Item is subject to change. We will confirm Item pricing before charging Client’s credit card.

 

  • Installation. The Service may offer to assist Clients with installation of furniture (“Installation”) for a fee, which will be set forth on the Service. To facilitate Installation, we may provide third party contractors personal information to identify location and costs and facilitate Installation.

 

  • YOUR USE OF THE SERVICE AND SERVICE CONTENT.

 

  • Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:

 

  • You may access the Service solely as intended through the provided functionality of the Service and as permitted under the terms.

 

  • You shall not bypass, circumvent, damage or otherwise interfere with any security or other features of the Website or App designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You shall not copy or scrape any Service Content.

 

  • You shall not undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Website or Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by us.

 

  • You shall not use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the Service or Service Content.

 

  • You shall not access, tamper with, or use non-public areas of the Service, our (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of our providers.
  • You shall not harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including our employees and other users.

 

  • You shall not provide any false personal information to us or any other user or create a false identify or impersonate another person or entity in any way.

 

  • You shall not solicit, or attempt to solicit, personal information from other users.

 

  • You shall not restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.

 

  • You shall not use the Service, without our express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the terms.

 

  • You shall not gain or attempt to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.

 

  • You shall not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.

 

  • You shall not interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.

 

  • You shall not violate any applicable federal, state or local laws or regulations or the terms.

 

  • You shall not assist or permit any persons in engaging in any of the activities describe above.

 

  • SECURITY

We care about the integrity and security of your personal information. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

  • CHANGES TO THESE TERMS

 

  • The Company may change these Terms at any time in its sole discretion.

 

  • You are responsible for reviewing such postings and any applicable changes. 

 

  • Your continued using any of our Services, constitutes your acceptance of such changes. 

 

  • If you do not agree to any posted changes, do not continue to use our services.

 

  • THIRD RECOMMENDATIONS AND INFORMATION

 

  • Our services may contain recommendations and information to third-party that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party information, materials, products, or services. 

 

  1. When you contact a third-party service, and/or engage a third-party from the service, you do so at your own risk, and you understand that this agreement and our Privacy Policy do not apply to your use of such third-party sites, services, or products. You expressly relieve us from any and all liability arising from your use of any third-party website, service, product or content. Your dealings with, or participation in promotions of any service provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service provider exclusively and do not involve us.

 

  1. You should make whatever investigation or other resources that you deem necessary or appropriate before engaging product providers.

  • CONSEQUENCES OF VIOLATING THESE TERMS

 

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. We may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these terms and your use of the Service.

  • INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold us, our associates, and our respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms;  (b) the request or receipt of professional services, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such professional services.

  • NO WARRANTY


  • 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT 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; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL. 

 

  • WE DO NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY PROVIDER, NOR THAT ANY SUCH THIRD-PARTY PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY SERVICES.

 

  • FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

  1. Without limiting the foregoing, your correspondence or business dealings with, and use of services of third parties or service providers provided by us, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers.

 

  • LIMITATION OF LIABILITY

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR EMPLOYEES, 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, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. 

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE. 

 

  • ARBITRATION

 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

 

  • For any dispute with us, you agree to first contact us at hello@echoesofspace.com and attempt to resolve the dispute with us informally.  

 

  • In the unlikely event that we have not been able to resolve a dispute after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, by binding arbitration, except as provided herein. The arbitration will be conducted in [ENTER STATE], unless you and we agree otherwise. 

 

  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

 

  • Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

 

  1. COPYRIGHT POLICY

 

  1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked The notice must include the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service;
  4. Your name, address, telephone number, and email address (if available);
  5. 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 the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

 

  1. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. If you believe your copyrighted content has been displayed inappropriately on the Service, please contact our Designated Agent as noted below. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA:

[ENTER CONTACT FOR AGENT]

 

  • ENTIRE AGREEMENT

 

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms constitute the entire agreement between you and us. It supersedes any prior negotiations, discussions, or agreements, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, product Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to us under these Terms of Use.

 

  • SEVERABILITY

 

If any portion of these terms is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their full force and effect.

 

  • WAIVER

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 

 

 

 

  • THIRD PARTY DISPUTES

 

WE ARE NOT AFFILIATED WITH ANY SERVICE PROVIDER OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

  1. TERMINATION

 

These terms are effective until terminated by you or us. Your rights under these terms will terminate automatically without notice from us if you fail to comply with any term(s) herein (including by violating any license restriction provided herein). You may terminate these terms by uninstalling the App or ceasing use of the Service. Upon any termination of these terms, you must immediately cease all use of the Service. If you are a designer that was selected by a user to provide a design and you terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.

 

  • GOVERNING LAW

 

  1. These Terms of Use and the relationship between you and us will be governed by the laws of [ENTER STATE], notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where the customer may be located or any other jurisdiction. 

 

  1. You agree and consent to the exclusive jurisdiction of the state or federal courts located in [ENTER STATE] and waive any defense of lack of personal jurisdiction or improper venue or forum to a claim brought in such court, we will elect, in our sole discretion, to litigate the action in the county and state where we are located.  

 

  1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to the customers use of the service or these Terms of Use shall be filed within one (1) year after such claim or cause of action and no later.

 

  1. MISCELLANEOUS

 

  1. Assignment. You may not assign these terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without our prior written. We may assign these terms, including all its rights hereunder, without restriction.

 

  1. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

  1. These terms, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to these terms. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these terms or any provision of these terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or use of the Service.

 

  1. NOTICE REGARDING APPLE.

 

You acknowledge that these terms are between you and us only, not with Apple, and Apple is not responsible for the App or the content thereof Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary of these terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of these Terms, then the translation is provided solely for convenience, and the English version shall prevail.

 

 

CONTACT US!

If you have any questions or concerns about any of these terms, feel free to contact us at:

 

hello@echoesofspace.com 

 

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