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Echelon Games® LLC and Echeloncards.com® Terms of Use
Echelon Games LLC maintains the Echelon Games® and Echeloncards.com® site (the “Site”) for your entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and/or video, without Echelon Games LLC written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions.
Terms and Conditions
1. Subject to the terms and conditions set forth in this Agreement, Echelon Games LLC grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt the operation of the Site in any way. Echelon Games LLC authorizes you to view and download the information (“Materials”) at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and/or copies of the Material and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Echelon Games LLC does not grant any express or implied right to you under any patent, trademark, copyright, or trade secret laws.
2. While Echelon Games LLC uses reasonable efforts to include accurate and up-to-date information on the Site, Echelon Games LLC makes no warranties or representations as to its accuracy or completeness. Echelon Games LLC assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your own risk. We do not guarantee continuous, uninterrupted, error-free or secure access to our site or services. Neither Echelon Games LLC nor any other party involved in creating, producing, or delivering the Site and the materials on the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site, even if advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Echelon Games LLC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary.
5. Images of people and places and artwork and graphics displayed on the Site are either the property of, or used with permission by, Echelon Games LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including Echeloncards.com®, are registered and unregistered Trademarks of Echelon Games LLC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Echelon Games LLC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. Violators of intellectual property rights may be subject to prosecution for damages, injunctive relief and criminal penalties.
7. As a convenience to you, Echelon Games LLC may provide, on this Site, links to Web sites operated by third parties. If you decide to visit a linked site not operated by Echelon Games LLC, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Echelon Games LLCP makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing there or any of the products or services described there. Links do not imply that Echelon Games LLC or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, tradename, logo or copyright symbol of Echelon Games LLC.
8. Although Echelon Games LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Echelon Games LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Echelon Games LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Echelon Games LLC to disclose the identity of anyone posting any such information or materials.
9. These Terms of Use shall be governed by the laws of the state of Washington, United States of America as such laws are applied to agreements entered into and performed entirely within the Washington state by Washington state residents.
10. If any provision of this Agreement is found to be invalid or unenforceable for any reason, such finding shall not otherwise affect the validity of any other provision. Any failure to act with respect to a breach by you or others shall not constitute a waiver by us of any right to act in response to subsequent or similar breaches by you or others.
11. This Agreement sets forth the entire understanding between us as to your use of this Site. Echelon Games LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Copyright © 2004-2007 Echelon Games LLC. All rights reserved
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