General

Welcome to Echofin.com, the website of Echofin, Inc (Echofin). As part of our service, Echofin agrees to provide you with information and other computer services subject to the terms and conditions contained here. Upon notice published through the service, Echofin, may amend or modify these Terms of Service at any time. Use of this site signifies your agreement to the Terms of Service (also referred to as “Terms & Conditions”).

Rights

This site is owned and operated by Echofin and contains material which is derived in whole or in part from Echofin and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Echofin a royalty-free, non-exclusive, unrestricted, worldwide license to: use, copy, sub-license, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the right to exercise any of the foregoing rights granted with respect to the communication, until such right is revoked under applicable laws such as the European General Data Protection Regulations. Subject to applicable laws, the foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall Echofin, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Echofin materials. You specifically acknowledge and agree that Echofin is not liable for any defamatory, offensive or illegal conduct of any user. Subject to applicable laws, if you are dissatisfied with any material, or with, any of Echofin terms and conditions, your sole and exclusive remedy is to discontinue using the Echofin website. In addition, Echofin may allow you to purchase different types of products and services online that are provided by third parties; where Echofin is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Subject to applicable laws, your use of this website also signifies your release of Echofin, Inc. and its subsidiary and parent companies or affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.

Bulletin Boards, Forums, Discussion Groups and Chat Rooms

This service may include bulletin boards, forums, discussion groups and/or chat rooms (“chat rooms”) which allow feedback and/or real-time interaction between users, Echofin and/or third parties. Echofin does not control the messages, information or files delivered to any chat rooms. It is a condition of your use of the chat rooms and this website that you do not:
a) Restrict or inhibit any other user from using and enjoying the chat rooms.
b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
c) Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
d) Post or transmit any information, software or other material which contains a virus or other harmful component.
e) Post or transmit any information or content in violation of any laws.
f) Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand that Echofin has no obligation to monitor any chat rooms. However, Echofin reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Echofin sole discretion are objectionable or in violation of these terms and conditions.

Payments and Transfers

If you are a community manager who charges your members for access to your premium chatrooms and your community has opted in to the Revenue Sharing plan, Echofin will charge your members for access and share the revenue with you. Under the Revenue Sharing plan, Echofin will keep 10% of the revenue generated from your members and the remaining 90% will be transferred to you. Any applicable wire transfer fees charged by the banks involved in the transfer will also be deducted from the revenue before the remaining funds are transferred to your designated bank account. Payments will be processed every Friday, and any revenue generated from your members during the previous week will be shared with you via wire transfer to your designated bank account. Please ensure that you have provided accurate bank account information to Echofin to avoid any delays or errors in payment. If any payment is disputed by a member, Echofin reserves the right to withhold payment until the dispute is resolved. If the dispute is resolved in your favor, we will share the revenue with you on the following Friday.

Privacy

Subject to applicable laws and Echofin’s Privacy Policy, unless the user informs us otherwise, Echofin reserves the right to use and to disclose to third party vendors user information (e.g. username and e-mail address) for purposes such as providing users with information about products and services. Subject to applicable laws and Echofin’s Privacy Policy, if the user does not wish to be included in such uses, the user must send an e-mail or a letter requesting to be taken off any lists of information that may be used for these purposes or given to third party vendors. Email request to [email protected].

Responsibility for Use of Website

You understand and agree that you are solely responsible for your actions and decisions to communicate with other people who you meet online by virtue of the services provided on Echofin.com. You understand that Echofin.com and Echofin do not perform psychological testing or background checks on the individuals who may use the Echofin services. You understand and agree that you must take all reasonable precautions before communicating with others through the service provided by Echofin.com.

Disclaimer

Echofin has provided links and pointers to Internet sites maintained by third parties. Neither Echofin, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Echofin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Echofin does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website, including chat rooms, or the server that makes it available, are free of viruses or other harmful components. Echofin does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Echofin) assume the entire cost of all necessary maintenance, repair or correction.

Do Not Rely on Echofin.com

Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Echofin.com or Echofin. Echofin.com or Echofin do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.

Termination

This Terms & Conditions is effective until terminated by Echofin at any time without notice. In the event of termination, you are no longer authorized to access any chat rooms and the restrictions imposed on you with respect to material downloaded from the chat rooms, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Entire Agreement; Amendments

This Terms & Conditions, along with all of Echofin’s company policies (such as Privacy Policy, Payment Policy, Refund Policy) constitutes the entire agreement between Echofin and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Echofin may amend or modify this Terms of Service Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Echofin, or by other means of consent required by applicable laws. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

Waiver

The failure of Echofin.co or Echofin.com or Echofin or any other Echofin owned domains and websites to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Echofin.com or Echofin must be in writing and signed by an authorized representative of the Echofin.

Governing Law

Subject to applicable laws, this Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Delaware without giving effect to any principles or conflicts of law.

Severability

If any provision of this Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.