Terms of Use
Introduction; Consent to Terms
Please read these Terms of Use before using Echochief.com or any features of the site, including, but not limited to, the Echochief Shop, Echochief RSS feeds and Echochief Podcasts (collectively, the "Echochief Web sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Echochief Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.
Copyrights
The contents of The Echo Chief Web sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the The Echo Chief Web sites without the prior written consent of The Echo Chief, except as provided below. You may copy and print a limited amount of content, and you may download The Echo Chief Podcast content, for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of The Echo Chief content requires prior written permission from The Echo Chief. For permission requests, visit our permissions page.
Trademarks
The Echo Chief®, program names are service marks of either Insonoart, Inc. or the producers of the programs All rights reserved. You may not use any of The Echo Chief service marks, logos or graphics without The Echo Chief's prior written consent, except that you may use the The Echo Chief-provided logo contained in The Echo Chief RSS Feed in connection with the personal, noncommercial use of The Echo Chief's RSS Feeds, subject to the requirements set forth below in The Echo Chief's RSS Feed policy.
Framing
The Echo Chief does not allow framing of its Web sites.
Links to The Echo Chief Web Sites
The Echo Chief encourages and permits links to content on The EchoChief Web sites. However, The EchoChief is an organization committed to the highest journalistic ethics and standards and to independent journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that The Echo Chief promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use The Echo Chief content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.
Links to Third Party Sites
The Echo Chief has provided links to Internet sites maintained by third parties, over which The Echo Chief has no control. The Echo Chief does not endorse the content, operators, products or services of such sites, and The Echo Chief is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Echo Chief 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, products or services available on or through such sites.
RSS Feeds
The Echo Chief's RSS feeds, provided by The Echo Chief at xxxx, consist of a selection of headlines, summaries and links to full news stories, which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an "RSS Feed" and collectively, the "RSS Feeds"). The RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the RSS Feeds are reserved to The Echo Chief. The RSS Feeds are available for personal, noncommercial use only. You may display, excerpt from, and link to the RSS Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the The Echo Chief Web sites when the user clicks on them, (b) the use or display does not suggest that The Echo Chief promotes or endorses any third party causes, ideas, Web sites, products or services, (c) the fundamental meaning of the content contained in the RSS Feeds, including the headlines and summaries, is not changed or distorted, and (d) you do not modify the news stories or other content that are linked to by the RSS Feeds. If you display an entire RSS Feed on your personal web site, weblog or similar application, (a) you may not redistribute the RSS Feed, and (b) you must provide attribution to The Echo Chief adjacent to the RSS Feed, by including "The Echo Chief News Headlines" in text or by displaying the The Echo Chief logo contained in the RSS feed, without modification. Any other use of The Echo Chief's trademarks, or service marks, or of the RSS Feeds requires the prior written permission of The Echo Chief. For permission requests, please visit our permissions page. For use of the news stories or other content that are linked to by the RSS Feeds, please see the Copyright section of these Terms of Use. The Echo Chief reserves the right to discontinue providing RSS Feeds and to require that you cease accessing or using the RSS Feeds, any content contained in the RSS Feeds, and/or The Echo Chief logo at any time for any reason.
The Echo Chief Podcasts
The Echo Chief provides podcasts (the "The Echo Chief Podcasts") consisting of selected audio content from The Echo Chief and other content providers, available at xxxxx that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. The Echo Chief Podcasts are protected by U.S. and international copyright laws. All rights in and to the The Echo Chief Podcasts are reserved to The Echo Chief or the content provider. The Echo Chief Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the The Echo Chief Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to The Echo Chief Podcasts from your web site, weblog or similar application, as long as the linking does not (a) suggest that The Echo Chief promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use The Echo Chief content for inappropriate commercial purposes The Echo Chief reserves the right to discontinue providing The Echo Chief Podcasts and to require that you cease accessing or using The Echo Chief Podcasts, or any content contained in the The Echo Chief Podcasts, at any time for any reason.
Use of the Service
If you use the Service, including by participation in the The Echo Chief Discussions or Chat Areas of the The Echo Chief Web sites or by submission of essays, e-mails or other information via Echochief.com, you must follow a few simple rules:
1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
2. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.
3. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.
4. The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
5. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.
6. By posting, uploading or transmitting any material on or through the Service, you hereby grant The Echo Chief a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known.
7. Persons under the age of eighteen (18) MUST obtain parental permission before registering for The Echo Chief Discussion Boards or Chat Forums or posting, uploading or transmitting material on or through the Service. Children under the age of thirteen (13) are not eligible to participate in the The Echo Chief Discussions or chats or otherwise post, upload or transmit material on or through the Service.
8. You are solely responsible for any content posted, uploaded or transmitted using your account. The Echo Chief does not and cannot review every message posted by you and is not responsible for any materials posted by others in The Echo Chief Discussions or Chat Forums or on or through the Service. However, The Echo Chief has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the The Echo Chief Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.
9. The Echo Chief is not responsible or liable for any materials posted in the The Echo Chief Discussions or Chat Forums or posted, uploaded or transmitted on or through the Service. The Echo Chief cannot verify the accuracy of statements that users place on The Echo Chief Discussions or Chat Forums or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of The Echo Chief Discussion Boards or Chat Forums or these Terms of Use.
10. By using the Service, you agree to abide by these rules. You acknowledge that The Echo Chief has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of The Echo Chief Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that The Echo Chief has the right to limit or terminate access to The Echo Chief Discussions or Chat Forums for any reason, including violation of the Rules of The Echo Chief Discussion Boards or Chat Forums or these Terms of Use.
Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit on The Echo Chief Discussions or Chat Forums or on or through the Service does not and will not violate any Rules of The Echo Chief Discussion Boards or Chat Forums or these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless The Echo Chief and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted in The Echo Chief Discussions or Chat Forums or on or through the Service, or (4) The Echo Chief's publication, distribution or use of such materials.
Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE Echo Chief DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES THE Echo Chief MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT WILL THE Echo Chief, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL THE Echo Chief, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
Online Shopping
In the event a product available on or through The Echo Chief Shop is listed at an incorrect price or with incorrect information, The Echo Chief will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify The Echo Chief's acceptance of your order, nor does it constitute confirmation of The Echo Chief's offer to sell. The Echo Chief reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Echo Chief may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Copyright Agent
The Echo Chief respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to The Echo Chief's Copyright Agent:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as address, telephone number and e-mail address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Echo Chief's Copyright Agent can be reached as follows:
Timothy Thigpen
Copyright Agent
Insonoart, Inc
2022 SW Myrtle Street
Portland, OR 97201
Phone: +1 503 248 9269
Fax: +1 413 208 8114
Email: Tim.Thigpen@Insonoart.com
International Users
The Service is controlled and operated within the United States. The Echo Chief makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
Miscellaneous
These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of The Echo Chief Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under Oregon State Law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Oregon. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact The Echo Chief.