- 1 Internet Access.
You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.
You will be directed to register on the Site and create a user profile or account (Account), to use certain portions of the Site and Service. Eligibility is limited to persons equal to or over the age of 13, or to persons who have reached the age of majority in their country of residence. Void in countries on the United States list of embargoed countries. You may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password, as part of the registration process. You agree that all information you provide to EccoBauer, for purposes of creating an account (Registration Information), will be true, accurate, current and complete and your failure to provide such information will constitute a breach of the given ToU and may result in the immediate termination of your Account. You will (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
You will not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name, subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password, except as established herein, when creating an account.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify EccoBauer of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password, by sending an email to [email protected]. You understand and agree that you will be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. EccoBauer is not responsible for any loss or damage, arising from your failure to maintain the confidentiality of your password.
EccoBauer employees, directors, managers and their respective immediate family members (i. e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an EccoBauer employee, director or manager, may not win the offered Campaigns.
- Termination of Account.
You understand and agree that you have no ownership rights in your Account and EccoBauer may stop offering the Service at any time. EccoBauer may further cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content), associated with your Account at any time, without notice, for any reason or no reason, including without limitation, your violation of the given ToU. EccoBauer will not be liable for any damages or loss, resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. EccoBauer reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service, to any users who have had their Accounts canceled.
- Limited License to Use the Site and Service.
EccoBauer hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license, to access and use the Site and Service, subject to all of the terms and conditions of the given ToU. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with the given ToU and rules, restrictions and/or documentation, established by EccoBauer from time to time. All modifications and enhancements to the Site and Service remain the sole property of EccoBauer. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that EccoBauer, in its sole discretion, may at any time, without prior notice, for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof, including any Service. EccoBauer reserves the right at any time, in its sole discretion, to add or remove features or functions to the Site or Service. You may not, notwithstanding anything to the contrary herein: (i) cause, permit or authorize, the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including without limitation, through sublicense, to any other entity without the prior written consent of EccoBauer; or (iv) make any false, misleading or deceptive statement or representation, regarding EccoBauer and/or the Site or Service.
- Use of the Site and Service.
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. You agree without limitation to the above, not to (i) make available through the Site, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack, including without limitation, denial of service attacks upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. You may furthermore not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal operation of use of the Site and/or the Service, by another person (c) performs any unsolicited commercial communication, not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding EccoBauer and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site, including without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol, used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed to enter you into a sweepstakes (or multiple sweepstakes), automatically or in any way that would grant you an unfair advantage over individuals that enter manually.
You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting the given Content. EccoBauer does not control the Content posted on the Site or transmitted through the use of the Site or the Service and as such, EccoBauer does not guarantee, and will not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. You further acknowledge that EccoBauer may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. EccoBauer will under no circumstances be liable in any way, for any user-generated Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.
The Site may provide forums and/or chat features, enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. Do not post through the site, if you have ideas and/or information that you want to remain confidential and/or do not want others to use. We will have no responsibility, to evaluate, use or compensate you, for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us, in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments), will become our exclusive property. The disclosure, submission or offer of any Comments will constitute an assignment to us, of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever, in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory, relating to submissions. We will thus own exclusively all such right, title and interest and will not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us, if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and will remain solely responsible for the content of any Comments you make. You, by posting Comments or any other content, warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation, chat text, voice communications, IP addresses and your personal information), may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to a legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used, in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations, for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of EccoBauer, including to enforce the given ToU. Your agreement with the given ToU, hereby provides your irrevocable consent to such monitoring, access and disclosure.
You agree to obey the law and to respect the intellectual property rights of others, when accessing the Site. Your use of the Site is at all times governed by and subject to laws, regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You will be solely responsible for any violations of any relevant laws and for any infringements of third party rights, caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Site and the Service are operated by EccoBauer in the United States. Those who choose to access the Site, and/or the Service, from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
- Third-Party Products.
EccoBauer may make available on or through the Site, third party services, content, information and products (Third Party Products). Third Party Products are provided solely for the convenience of Site users and EccoBauer makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
Links from the Site. The Site may contain links to websites operated by other parties. EccoBauer provides these links to other websites, as a convenience and the use of these sites is at your own risk. The linked sites are not under the control of EccoBauer and EccoBauer is not
responsible for the content available on the other sites. The links do not imply endorsement of information or material on any other site, by EccoBauer and EccoBauer disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site, on another website, without our prior written consent and, without limitation of the above, you must adhere to the linking policy of EccoBauer, as follows: (i) the appearance, position and other aspects of the link, may not be such as to damage or dilute the goodwill associated with EccoBauer and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link, may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with EccoBauer, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame of the linking site, and (iv) EccoBauer reserves the right at any time, at its sole discretion, to revoke its consent to the link.
- EccoBauer Intellectual Property and Intellectual Property Infringement.
The interfaces, content, arrangement and layout of the Site, including but not limited to, the EccoBauer trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the above (EccoBauer Intellectual Property) are the property of EccoBauer, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted, without the prior written permission of EccoBauer. You understand and acknowledge that by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any EccoBauer Intellectual Property or third party content, located on the Site in any manner not expressly permitted, according to the given ToU.
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users, who repeatedly infringe the copyrights of others. You may file a notice under our Intellectual Property Policy, if you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control. We will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim,in the case of any third party claim that the Site or Service, infringes the given third party’s intellectual property rights.
- Disclaimer of Warranties.
THE SITE, SOFTWARE AND THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. ECCOBAUER MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. ECCOBAUER DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ECCOBAUER PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
The above disclaimers might not apply to you, because some states or jurisdictions do not allow the disclaimer of implied warranties.
- Limitation of Liability; Sole and Exclusive Remedy.
ECCOBAUER OR ANY OF ITS AFFILIATES, TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE GIVEN TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR(I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF ECCOBAUER AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE, THE SITE, SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. THE AGGREGATE LIABILITY OF ECCOBAUER, TO THE ENTIRE EXTENT ALLOWED BY LEGISLATION, TO YOU OR ANY THIRD PARTY, IN ANY CIRCUMSTANCE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE, IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE THE USE OF THE SITE, SOFTWARE AND THE SERVICE.
The liability of EccoBauer, because some states or jurisdictions do not allow the exclusion or the limitation of liability, for consequential or incidental damages, will in such states or jurisdictions, be limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold EccoBauer, and its successors and assigners, as well as their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including without limitation, reasonable fees and costs for attorneys), arising out of or relating to, (i) your use or misuse of the Site, Software or the Service, (ii) your breach or alleged breach of the given ToU, including without limitation, a breach or alleged breach of any representation or warranty by you in the given ToU; (iii) your violation of any law, rule, regulation or rights of others, in connection with your use of the Site, Software or the Service, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right, arising from any of the User Content or Comments that you post on the Site or transmit through the Service.
- Governing Law; Jurisdiction.
The current ToU are governed by, and will be construed under the laws of the United States of America and the law of the State of California, without regard to choice of law principles. All disputes arising out of or related to your use of the Site, Software and/or the Service, will be subject to the exclusive jurisdiction of the state and federal courts, located within Los Angeles County, California and you agree to submit to the personal jurisdiction of such courts.
17.1. Amendments/Revisions. The current ToU may only be amended and/or revised in writing by EccoBauer (including by EccoBauer publishing such revisions on the Site).
17.2. Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EccoBauer, as a result of the given ToU or your use of the Site, Software or the Service.
17.3. Assignment. EccoBauer may assign the given ToU, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign the given ToU without the prior written consent of EccoBauer and any unauthorized assignment by you, will be null and void.
17.4. Severability. Any provisions of the given ToU that are to be found invalid or unenforceable, will be construed in a manner consistent with applicable laws, to reflect as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.
17.5. Attorneys’ Fees. The prevailing party, in the case of any litigation brought by either party, relative to the given ToU, is entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by the prevailing party in the litigation.
17.6. No Waiver. Our failure to enforce any provision of the given ToU will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the given ToU will not constitute a waiver of any future obligation, to comply with such a provision, condition or requirement.
17.7. Notices. All notices given by you or required by the given ToU, must be in writing and addressed to: EccoBauer Inc, Attn: EccoBauer Customer Service.
17.8. Equitable Remedies. You hereby agree that EccoBauer would be irreparably damaged if the terms of the given ToU were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to apply equitable remedies relative to breaches of the given ToU, in addition to all other possibly available remedies to us, according to applicable legislation.
17.9. Entire Agreement. The current ToU, including expressly referenced documents, constitutes the entire agreement between you and us, with respect to the Site, Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us, with respect to the Site, Software and/or the Service.
- Prize wheel.
18.1 EccoBauer, at its discretion will offer wheel spins, either (a) at no cost; and/or (b) as a thank you for donations made. Entry multipliers may not be applied towards wheel spins. VOID WHERE PROHIBITED.
All questions and concerns regarding the given ToU should be directed to [email protected]