Welcome to EchoStreet!

EchoStreet LLC ("EchoStreet") provides its software and services to you (hereafter referred to as "the user", for the purpose of this document) subject to the following TERMS AND CONDITIONS document (TAC), which may be updated at any time by us without notice to you, the user. The latest version of the TAC is always available on the EchoStreet World Wide Web site.

Each software product produced by EchoStreet (hereafter referred to separately as "the Software") is installed and used on a portable device, such as a mobile telephone, smartphone, or personal data assistant (PDA). In this TAC, "Software" also refers to any EchoStreet installer that is used to place the above device Software on the said device. Each service provided by EchoStreet (hereafter referred to separately as "the Service") functions with and supports one or more Software, comprises the telecommunication of content, and the content itself (see article 3 below).

The general term "user" is hereafter defined to include both trial users and users who have purchased the Software or the Service. The general term "Content" is hereafter defined to include all information of all forms which is destined to users, including, but not limited to, files which are or contain software, text, images, sound, and video.

The TAC apply to all users of Software and Services of EchoStreet, including trial users and purchased users, whether registered or not registered. The use of the Software or the Service implies consent to all items in the TAC. The TAC apply to the Software, the Service, and all the documentation (including that existing or previously posted or distributed from or on the World Wide Web sites of EchoStreet), and use of the Software and Service.

The user is authorized to use the Software and the Service during any stated trial period without payment due (such a user is hereafter referred to as "trial user"). After said trial period the user must buy the Software (one software license), or stop using the Software and the associated Service. One Software license, identified by a unique registration code, can be used for one device at a time. A user can use the Software and the associated Service if he has received a registration code from EchoStreet. A user who has bought the Software possesses a software license, which is valid without time limitation. Any associated Software Service may or may not be limited to a time-use limit, which shall be so stated by EchoStreet at the time of purchase.

EchoStreet Content may or may not contain adult or mature content. The user must be at least 18 years of age to access such said content.

The user expressly accepts and recognizes that: - ECHOSTREET MAKES NO WARRANTY THAT (A) IF FAULTS IN THE SOFTWARE EXIST, THAT THEY WILL BE CORRECTED (B) THE QUALITY OF THE SOFTWARE AND/OR THE SERVICE WILL MEET THE USER'S EXPECTATIONS OR BE TO THE USER'S SATISFACTION (C) THE SERVICE WILL NOT BE INTERRUPTED, CONVENIENT, FREE OF ALL ERRORS (D) THE RESULTS WHICH MAY BE OBTAINED USING THE SOFTWARE AND/OR THE SERVICE WILL BE PRECISE AND RELIABLE, AND (E) THE USE OF THE SOFTWARE AND/OR THE SERVICE WILL PERFECTLY MEET THE USER'S EXPECTATIONS - THE USER'S USE OF THE SOFTWARE AND/OR THE SERVICE IS DONE SO AT THE USER'S RISK. THE SOFTWARE AND/OR THE SERVICE ARE FURNISHED "AS IS" AND "AS AVAILABLE". ECHOSTREET DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPLICIT OR IMPLICIT, INCLUDING (AND NOT LIMITED TO) GUARANTEES RELATIVE TO THE QUALITY AND COMPATIBILITY OF THE SOFTWARE OR OF THE COMPATIBILITY OF THE SERVICE TO A SPECIFIC USE, AND TO NON-VIOLATION OF USAGE RULES OF THE SERVICE BY THE USER. - NO INFORMATION AND NO ADVICE, ORAL OR WRITTEN, OBTAINED BY THE USER FROM ECHOSTREET OR DURING USE OF THE SOFTWARE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TAC.

There shall be no refunds of payments made to Echostreet for the Software or the Service. Any compensation realized in the form of credits shall be at the discretion of EchoStreet.

THE USER ACCEPTS AND RECOGNIZES THAT, TO THE FULL EXTENT OF THE APPLICABLE LAW, ECHOSTREET SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, OF CLIENTS, GOODWILL, DATA, OR ALL OTHER INTANGIBLE LOSSES (INCLUDING IN THE CASE THAT ECHOSTREET WAS INFORMED OF THE POTENTIAL OF SUCH DAMAGE) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SOFTWARE AND/OR SERVICE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (D) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED ; (F) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF ITEMS 7 AND 9 MAY NOT APPLY TO YOU.

The Service and the World Wide Web site of EchoStreet may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EchoStreet has no control over such sites and resources, the user acknowledges and agrees that EchoStreet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user further acknowledges and agrees that EchoStreet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

The user acknowledges and agrees that the Service and Software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EchoStreet or advertisers, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. EchoStreet grants the user a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single device; provided that the user does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The user agrees to not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user agrees not to access the Service by any means other than through the interface that is provided by EchoStreet for use in accessing the Service.

EchoStreet acts to preserve all personal information concerning it's users, including their use, strictly confidential and solely for necessary internal systems to function properly. Such data shall not be communicated outside of EchoStreet, unless demanded from EchoStreet and required by law, and is relating to criminal activity, and is to be transferred to law enforcement personal. EchoStreet reserves the right to send users occasional messages, by e-mail, concerning new free or pay services.

The user recognizes that EchoStreet cannot be held responsible for any consequence that can result from all correspondences made with the Software and the Service. The user's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. The user agrees that EchoStreet shall not be responsible or liable 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 advertisers on the Service.

EchoStreet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user agrees that EchoStreet shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the Service.

All notification from EchoStreet directed to the user may be executed by e-mail or by posting on the Service or on it's World Wide Web sites.

The user agrees that EchoStreet may, under certain circumstances and without prior notice, immediately terminate the user's access to the relevant Service or account. Cause for such termination shall include: (A) breaches or violations of the TAC, (B) a request by the user, (C) non-payment of any fees owed by the user in connection with the Service.(D) discontinuance or material modification to the Service (or any part thereof), (E) unexpected technical or security issues or problems, (F) the user has engaged in fraudulent or illegal activities, (G) requests by law enforcement or other government agencies Furthermore, the user agrees that all terminations for cause shall be made at EchoStreet's sole discretion and that EchoStreet shall not be liable to the user or any third-party for any termination of the user account, or access to the Service.

The user may receive a password and account designation for World Wide Web site access. The user is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the user password or account. The user agrees to: (A) immediately notify EchoStreet of any unauthorized use of the user password or account or any other breach of security, and (B) ensure that the user exit from the user account at the end of each session. EchoStreet cannot and will not be liable for any loss or damage arising from the user failure to comply with this item.

The user is responsible for his or hers own error(s), while supplying EchoStreet information in order to receive a registration code. EchoStreet is not obligated to supply any user with more than one registration code per software purchased.

Recognizing the global nature of the Internet, the user agrees to comply with all local rules regarding online conduct. The user agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which he resides.

The TAC constitutes the entire agreement between you and EchoStreet and governs your use of the Software and of the Service, superseding any prior agreements between you and EchoStreet with respect to the Software and the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EchoStreet services, affiliate services, third-party content, or third-party software.
Statute of Limitations: The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law and Forum: The TAC and the relationship between the user and EchoStreet shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The user and EchoStreet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westchester, New York, USA.
Waiver and Sever-ability of Terms: The failure of EchoStreet to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.