Terms of Use

These Terms of Use ("Terms") derive from the Echoloops Principles, and governs our relationship with users and others who interact with Echoloops. By using or accessing Echoloops, you agree to these Terms.

 

• Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Echoloops. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

 

• Sharing Your Content and Information

You own all of the content and information you post on Echoloops, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Echoloops, you agree to the following:

• For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Echoloops ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
• When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
• We always appreciate your feedback or other suggestions about Echoloops, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

• Registration and Account Security

Echoloops users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on Echoloops, or create an account for anyone other than yourself without permission.
• You will not use Echoloops if you are under 14.
• You will not use Echoloops if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
• You will not use Echoloops if you are a convicted sex offender.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account to anyone without first getting our written permission.

 

• Safety

We do our best to keep Echoloops safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

• You will not send or otherwise post unauthorized commercial communications to users (such as spam).
• You will not collect users' information, or otherwise access Echoloops, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any user.
• You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
• You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
• You will not use Echoloops to do anything unlawful, misleading, malicious, or discriminatory.
• You will not facilitate or encourage any violations of this Statement.

 

• Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

• You will not post content or take any action on Echoloops that infringes someone else's rights or otherwise violates the law.
• We can remove any content you post on Echoloops if we believe that it violates this Statement.
• We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
• If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
• If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
• You will not use our copyrights or trademarks, including Echoloops, without our written permission.
• If you collect information from users, you will: obtain their consent, make it clear you (and not Echoloops) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
• You will not post anyone's identification documents or sensitive financial information on Echoloops.

 

• About Advertisements on Echoloops

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

• You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
• We do not give your content to advertisers.
• You understand that we may not always identify paid services and communications as such.

 

• Amendments

• We can change this Statement so long as we provide you notice through Echoloops (unless you opt-out of such notice) and an opportunity to comment.
• For changes to sections 6 (section relating to advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
• If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
• We can make changes for legal or administrative reasons upon notice without opportunity to comment.

 

• Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Echoloops to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.

 

• Disputes

• You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Echoloops in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
• If anyone brings a claim against us related to your actions or your content on Echoloops, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
• We try to keep Echoloops up, bug-free and safe, but you use it at your own risk. We are providing Echoloops "As Is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infridgement. We do not guarantee the Echoloops will be safe or secure. Echoloops is not responsible for the actions or content of Third Parties, and you release us, our Directors, Officers, Employees, and agents from any claims or damage, known and unknown, arising out of or in any way connected with any claim you have against any Third Parties. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” We will not be liable to you for any lost profits of other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Echoloops, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Echoloops will not exceed the greater of One Hundred Dollars ($100) or the amount you have paid us in the past 12 months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Echoloops’ Liability will be limited to the fullest extent permitted by applicable law.

 

• Definitions

• By "Echoloops" we mean the features and services we make available, including through (a) our website at www.echoloops.com and any other Echoloops branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
• By "us," "we" and "our" we mean Echoloops, Inc. and/or its affiliates.
• By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Echoloops and provide data to us relating to Echoloops users.
• By "content" we mean the content and information you post on Echoloops, including information about you and the actions you take.
• By "post" we mean post on Echoloops or otherwise make available to us.
• By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

 

• Other

• This Statement makes up the entire agreement between the parties regarding Echoloops, and supersedes any prior agreements.
• If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Agreement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.

 

 

Privacy Policy

We built Echoloops to make it easy to share information with your friends and people around you and to provide entertainment to everyone everywhere. We understand you may not want everyone in the world to have the information you share on Echoloops; that is why we give you control of your information. Our default privacy settings limit the information displayed in your profile to your networks and other reasonable community limitations that we tell you about.

Echoloops follows two core principles:

 

1. You should have control over your personal information.

 

Echoloops helps you share information with your friends and people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join. And you control the users with whom you share that information through the privacy settings on the Privacy page.

 

2. You should have access to the information others want to share.

 

There is an increasing amount of information available out there, and you may want to know what relates to you, your friends, and people around you. We want to help you easily get that information.
Sharing information should be easy. And we want to provide you with the privacy tools necessary to control how and with whom you share that information.

Safe Use of Echoloops

Echoloops's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Echoloops, located at www.Echoloops.com and its directly associated domains (collectively, "Echoloops" or "Website")

By using or accessing Echoloops, you are accepting the practices described in this Privacy Policy.

The Information We Collect

When you visit Echoloops you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.

When you register with Echoloops, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, schools attended and any other personal or preference information that you provide to us.

When you enter Echoloops, we collect your browser type and IP address. This information is gathered for all Echoloops visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Echoloops. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.

When you use Echoloops, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

You post User Content (as defined in the Echoloops Terms of Use) on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Any improper collection or misuse of information provided on Echoloops is a violation of the Echoloops Terms of Service and should be reported at associateservices@mondelis.com.

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site, and may send up to two reminders to them. Echoloops stores this information to send invitations and reminders, to register a friend connection if your invitation is accepted, to allow you to see invitations you have sent, and to track the success of our referral program. Your friend may contact us at support@mondelis.com to request that we remove this information from our database.

Echoloops may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Echoloops service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.

By using Echoloops, you are consenting to have your personal data transferred to and processed in the United States.

Children Under Age 14

Echoloops does not knowingly collect or solicit personal information from anyone under the age of 14 or knowingly allow such persons to register. If you are under 14, please do not attempt to register for Echoloops or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 14 may provide any personal information to or on Echoloops. In the event that we learn that we have collected personal information from a child under age 14 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 14, please contact us at associateservices@mondelis.com.

Children Between the Ages of 14 and 18

We recommend that minors 14 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.

Use of Information Obtained by Echoloops

When you register with Echoloops, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on Echoloops. We may occasionally use your name and email address to send you notifications regarding new services offered by Echoloops that we think you may find valuable.

Profile information is used by Echoloops primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your wall), other Echoloops users may be able to supplement your profile.

Profile information you submit to Echoloops will be available to users of Echoloops who belong to at least one of the networks you allow to access the information through your privacy settings (e.g., school, geography, friends of friends). Your name, network names, and profile picture thumbnail will be available in search results across the Echoloops network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your networks, etc.) that allows such access based on your privacy settings.

Echoloops may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message or poke, or someone posts on your wall, you may receive an email alerting you to that fact.

Generally, you may opt out of such emails from the Account Settings page, though Echoloops reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

Echoloops may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or movie and personalizing advertisements and promotions so that we can provide you a deeper and better experience at Echoloops. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the movie company who you are.

We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, Echoloops Platform developers and other users of Echoloops, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile (e.g., removing photo tag links).

Sharing Your Information with Third Parties

Echoloops is about sharing information with others — friends and people in your networks — while providing you with privacy settings that restrict other users from accessing your information. We allow you to choose the information you provide to friends and networks through Echoloops. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. For example:

• Your News Feed may aggregate the information you provide and make it available to your friends and network members according to your privacy settings. You may set your preferences for your News Feed on your Privacy Settings page.
• Unlike most sites on the Web, Echoloops limits access to site information by third party search engine "crawlers" (e.g. Google, Yahoo, MSN, Ask). Echoloops takes action to block access by these engines to personal information beyond your name, profile picture, and limited aggregated data about your profile (e.g. number of wall postings).
• We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about Echoloops, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Echoloops-specified purposes.
• If you, your friends, or members of your network use any third-party applications developed using the Echoloops Platform ("Platform Applications"), those Platform Applications may access and share certain information about you with others in accordance with your privacy settings. You may opt-out of any sharing of certain or all information through Platform Applications on the Privacy Settings page. In addition, third party developers who have created and operate Platform Applications ("Platform Developers"), may also have access to your personal information (excluding your contact information) if you permit Platform Applications to access your data. Before allowing any Platform Developer to make any Platform Application available to you, Echoloops requires the Platform Developer to enter into an agreement which, among other things, requires them to respect your privacy settings and strictly limits their collection, use, and storage of your information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we of course cannot and do not guarantee that all Platform Developers will abide by such agreements. Please note that Echoloops does not screen or approve Platform Developers and cannot control how such Platform Developers use any personal information that they may obtain in connection with Platform Applications. In addition, Platform Developers may require you to sign up to their own terms of service, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review these terms and policies carefully before using any Platform Application. You can report any suspected misuse of information through the Echoloops Platform and we will investigate any such claim and take appropriate action against the Platform Developer up to and including terminating their participation in the Echoloops Platform and/or other formal legal action.
• We occasionally provide demonstration accounts that allow non-users a glimpse into the Echoloops world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse.
• We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Echoloops service or using the Echoloops name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
• We let you choose to share information with marketers or electronic commerce providers through on-site offers.
• We may offer stores or provide services jointly with other companies on Echoloops. You can tell when another company is involved in any store or service provided on Echoloops, and we may share customer information with that company in connection with your use of that store or service.

Like many other websites that interact with third party sites, we may receive some information even if you are logged out from Echoloops, or that pertains to non-Echoloops users, from those sites in conjunction with the technical operation of the system. In cases where Echoloops receives information on users that are not logged in, or on non-Echoloops users, we do not attempt to associate it with individual Echoloops accounts and will discard it.

• If the ownership of all or substantially all of the Echoloops business, or individual business units owned by Echoloops, Inc., were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy.

When you use Echoloops, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, Marketplace listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, Marketplace listings or other items, this information may become publicly available.

Links

Echoloops may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Echoloops.

Third Party Advertising

Advertisements that appear on Echoloops are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Echoloops does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on Echoloops unless you choose to share it with them.
This privacy policy covers the use of cookies by Echoloops and does not cover the use of cookies or other tracking technologies by any of its advertisers.

Changing or Removing Information

Access and control over most personal information on Echoloops is readily available through the profile editing tools. Echoloops users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their Echoloops account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Echoloops.
Where you make use of the communication features of the service to share information with other individuals on Echoloops, however, (e.g., sending a personal message to another Echoloops user) you generally cannot remove such communications.

Security

Echoloops takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of Echoloops Web Site, please contact us at associateservices@mondelis.com.

Terms of Use, Notices and Revisions

Your use of Echoloops, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

Contacting the Web Site

If you have any questions about this privacy policy, please contact associateservices@mondelis.com. You may also contact us by mail at 1601 S California Avenue, Palo Alto, CA 94304.

 

Echoloops Principles

We are building Echoloops to make the world more open and transparent, which we believe will create greater understanding and connection. Echoloops promotes openness and transparency by giving individuals greater power to share and connect, and certain principles guide Echoloops in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within the Echoloops Service.

• Freedom to Share and Connect

People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone - any person, organization or service - as long as they both consent to the connection.

• Ownership and Control of Information

People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Echoloops Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the Echoloops Service.

• Free Flow of Information

People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.

• Fundamental Equality

Every Person - whether individual, advertiser, developer, organization, or other entity - should have representation and access to distribution and information within the Echoloops Service, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the Echoloops Service.

• Social Value

People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the Echoloops Service removed for reasons other than those described in Echoloops' Statement of Rights and Responsibilities.

• Open Platforms and Standards

People should have programmatic interfaces for sharing and accessing the information available to them. The specifications for these interfaces should be published and made available and accessible to everyone.

• Fundamental Service

People should be able to use Echoloops for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the Echoloops Service regardless of his or her level of participation or contribution.

• Common Welfare

The rights and responsibilities of Echoloops and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.

• Transparent Process

Echoloops should publicly make available information about its purpose, plans, policies, and operations. Echoloops should have a town hall process of notice and comment and a system of voting to encourage input and discourse on amendments to these Principles or to the Rights and Responsibilities.

• One World

The Echoloops Service should transcend geographic and national boundaries and be available to everyone in the world.

 

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