READ THESE TERMS OF USE BEFORE USING ECHOage.com.

Terms of Use FOR THE ECHOage SITES
(LAST UPDATED: December 2013)

  1. TERMS OF USE
    1. ECHOage Company Inc., its successors and assigns (collectively “ECHOage”) operate and make available echoage.com (the “Site”). The Site is made available as a service and subject to these Terms of Use (as they may be changed from time to time) (the “Terms of Use.)
    2. PLEASE NOTE: ECHOage may change these Terms of Use from time to time and at any time. When ECHOage changes these Terms of Use, ECHOage will: (i) post the updated version of the Terms of Use on the Site together with the date on which it was revised; and (ii) on the log-in page for the Site for at least four weeks following any change to the Terms of Use post a notice that the Terms of Use have been updated. Also note that ECHOage may, but is not obliged to, ask You to actively confirm your consent to the revised Terms of Use. If ECHOage does not do so, but You continue to use the Site after the changes come into effect, You will be deemed to have agreed to abide by the revised Terms of Use. If You do not agree with the revised Terms of Use without qualification, do NOT log in, discontinue using the Site and instruct ECHOage to disable any password for the Site assigned to You.
    3. If ECHOage believes that You have breached these Terms of Use, ECHOage reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to You pursuant to these Terms of Use without prior notice and without liability. ECHOage also reserves the right to pursue any and all legal and equitable remedies against You should You violate these Terms and Use.
    4. You should print or save a local copy of the Terms of Use for your future reference.
    5. If ECHOage provides you with a translation of these Terms of Use and there is any inconsistency between the English version and the translated version, the English version shall prevail.
  2. YOU
    1. For the purposes of these Terms of Use, the word “You” means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. As an individual, You agree not to access the Site on behalf of any other individual, any company or any entity or group unless You have the authority to bind that individual, company or entity or group to these Terms of Use.
    2. You represent and warrant that: (i) You have the capacity to enter into a legal agreement in the province, state, territory or country in which You reside; and (ii) your use of any of the Site that You use will not violate any applicable law or regulation in the province, state, territory or country from which You are accessing the Site.
    3. If you are a child under the age of 13 or do not otherwise have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use any of the Site unless your parent or guardian enters into these Terms of Use on your behalf and consents to your use of the Site. ECHOage encourages parents to take an active role in their children's use of the Internet, to be available to explain content from the Site to them and to inform them of the potential dangers of providing information about themselves over the Internet.
    4. By using any of the Site (as a casual visitor, Registered User or otherwise), You agree, without limitation or qualification, to comply with these Terms of Use. If You do not agree to do so without limitation or qualification, stop using the Site immediately.
    5. By using the Site (as a casual visitor, Registered User or otherwise), You agree, without limitation or qualification, to comply with any guidelines, rules or codes of conduct posted by ECHOage at the Site that you are using. They form part of these Terms of Use, and in the event that they conflict with these Terms of Use, these Terms of Use will prevail.
  3. BECOMING A REGISTERED USER
    1. Please note, that while it is possible to RSVP to a party without registering with the Site, before being allowed to access certain features of the Site (for example, the ability to initiate a party) or participate in certain activities being run via the Site (for example giving a gift through the Site), You will be required to: (i) register with the Site, becoming a “Registered User”; and (ii) confirm your acceptance of these Terms of Use by placing a checkmark in the “I AGREE” box on the registration page. If You disagree with any term or condition of these Terms of Use, do NOT place a checkmark in the "I AGREE" box and discontinue using all of the Site.
    2. When signing up to be a Registered User of the Site, You represent and warrant that any information You provide about yourself to ECHOage is correct. While You are a Registered User, You will keep Your registration information provided to ECHOage current by providing ECHOage regular updates and corrections to it, so that ECHOage’s information about You remains correct and current.
    3. If You are given a personal username and/or a password for the purpose of accessing certain features of any of the Site or participating in certain activities run via the Site, You are responsible for all activities conducted under that username or password, and You will take all necessary steps to ensure that no one other than You uses that username or password and that that password is kept confidential. If You have any reason to believe that any password assigned to You has become known to or been used by any other person, You will inform ECHOage immediately.
    4. You will be asked to suggest one or more usernames when You register with the Site. Please note that the assignment of a username to You is in ECHOage’s sole discretion. As well, ECHOage may, at any time, change any username or password assigned by ECHOage to You. ECHOage will notify You when it does so.
    5. Please note, certain services and activities available through the Site may require You to agree to further terms and conditions. Unless such terms and conditions expressly set out otherwise, if there is any inconsistency between those terms and conditions and these Terms of Use, these Terms of Use shall prevail.
  4. PROFILES
    1. Each Registered User may create a personal profile that is visible to visitors to the Site (a “Personal Profile”). A Registered User’s username will be displayed as part of his or her profile. A Registered User may choose to include further information in his or her Personal Profile.
    2. You may create a profile on the Site to promote a party that you are hosting (a “Party Profile”).
    3. By creating a Personal Profile or a Party Profile, You: (i) agree to administer the profile so that it contributes to the Site in a positive manner and is not disruptive; and (ii) represent and warrant to and covenant with ECHOage that You are authorized to do so by the person for whom the party is being thrown.
    4. You acknowledge that ECHOage may in its sole discretion remove any profile for any reason including but not limited to any breach of the Terms of Use occurring in relation to the profile.
  5. USE OF THE SITES
    1. You may use the Site only for personal, non-commercial purposes.
    2. You will not:
      1. seek to gain access to any portions of the Site You are not authorized by ECHOage to access;
      2. use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to ECHOage;
      3. when posting any materials to the Site, forge headers or otherwise manipulate other identifiers in order to create the impression that another person posted the materials;
      4. use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it is hosted, the networks connected to it or any other User’s access to the Site;
      5. access the Site through any automated means (for example, bots or web crawlers) or using an interface other than the one made available on the Site by ECHOage;
      6. adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; (ii) any software or technology used in connection with the Site; or (iii) any material downloaded from the Site;
      7. violate any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software); or
      8. collect or store personally identifying information about other Users of the Site for any purposes unrelated to the Site or that are illegal or unlawful.
    3. From time to time, You may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to the Site (“Feedback”) to ECHOage. By providing any Feedback to ECHOage, You: (i) agree that the Feedback is not confidential; and (ii) assign all right, title and interest in and to the Feedback to ECHOage including all intellectual property rights. ECHOage shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without any acknowledgment of or compensation to You.
  6. SUBMITTING CONTENT
    1. The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is the “Content”. The Content includes materials contributed to the Site by or on behalf of ECHOage (the “ECHOage Content”) and materials contributed to the Site by Users of the Site (“User-generated Content”).
    2. By submitting or sending any material to ECHOage for inclusion as User-generated Content or otherwise making it available for display on or through the Site, You acknowledge that the materials are your User-generated Content and You grant ECHOage the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-generated Content (in whole or part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing ECHOage to: (i) administer the Site; (ii) operate the Site (including apply for funding or sponsorship of any Site and reporting on the effectiveness of the Site to those who fund or sponsor the Site); (iii) display and distribute the Site; and (iv) promote the Site including but not limited to allowing other sites to link to Content on the Site or displaying Content from one Site on another Site. You acknowledge that ECHOage may also need to do the following in order to operate, display or distribute the Site and agree that ECHOage may do so: (i) transmit User-generated Content over various networks; and (ii) reformat User-generated Content.
    3. You represent and warrant to and covenant with ECHOage that: (i) You have now and that You will continue to have all necessary rights and authority to grant the licenses set out in the preceding section; and (ii) the User-generated Content that You contribute to the Site will not infringe any proprietary right of any third party. You also represent and warrant to ECHOage that any “moral rights” in any User-generated Content that You contribute to the Site have been waived prior to their contribution and that ECHOage, and its successor and assigns may rely on those waivers. You agree that all User-generated Content that You contribute will not be considered confidential.
    4. Links are Content. If You contribute a link to another web site, You must ensure that the operators of that web site permit linking. You can do this by checking the terms of use for that web site. If You are uncertain about whether or not You are permitted to link to a web site, do not post the link. If You are uncertain about whether or not You are permitted to link to a page within a web site other than the home page, link to the home page of the web site instead and include written directions in your post for how to navigate from the home page to page that has the content about which You are commenting.
    5. You represent and warrant to and covenant with ECHOage that when you post a photograph, image or other recording that features any person other than You (i.e. if he or she can be identified by someone viewing the photograph, image or other recording), you have obtained his or her written consent to post the photograph, image or other recording before doing so (if the featured individual is a child, You have the consent of his or her parent/guardian. You agree to provide a copy of that consent to ECHOage upon request. Failing to provide a copy of any such consent when ECHOage requests it is a breach of these Terms of Use.
    6. You should maintain a back-up copy of any User-generated Content that You contribute to the Site. In any event, ECHOage will not provide a copy of that User-generated Content to You. Additionally, ECHOage is not responsible for User-generated Content that is lost or destroyed for any reason.
    7. You agree that You will not post or upload to the Site or otherwise make accessible or transmit on or via the Site any User-generated Content or any link to any materials that:
      1. is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
      2. promotes illegal activity including without limitation the provision of instructions for any illegal activity;
      3. solicits from other users any passwords or personal information for commercial or unlawful purposes;
      4. contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
      5. You do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a nondisclosure agreement); or
      6. infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trade-marks, service marks, trade names, logos, brand names and other identifiers, trade secrets of any party.
    8. ECHOage assumes no obligation to update the ECHOage Content. ECHOage reserves the right to change any and all ECHOage Content at any time without notice. ECHOage, its licensors and suppliers, are not responsible for any Content other than the ECHOage Content.
    9. You agree not to link to any page forming part of the Site other than the home page of the Site or the Party Profile for a party that You are hosting or have hosted without ECHOage’s prior written approval.
    10. ECHOage reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on the Site at any time, without notice and without liability.
    11. Unless You have obtained ECHOage’s permission in writing to do so, You may not post advertisements for commercial products to the Site as part of your User-generated Content.
  7. USING CONTENT – GENERAL
    1. You acknowledge that the person who contributes any Content to the Site is responsible for that Content. Consequently, ECHOage does not provide any representations, warranties or guarantees with respect to User-generated Content, its quality or its accuracy. Before using or relying on any User-generated Content, You should take reasonable steps to verify its accuracy, completeness or usefulness: You are using it at your own risk. Additionally, views and opinions expressed in materials forming part of the User-generated Content do not necessarily represent the views or opinions of ECHOage.
    2. You may retain a copy of any item of Content forming part of the Site solely for your personal reference and records, provided that any marks, logos or other legends that form part of that Content are not removed from the copy. Except as expressly set out in these Terms of Use, all rights in and to any item of Content are reserved by the contributor of that item. Consequently, You may not modify, publish, display, transmit, adapt, sell, license or in any way exploit any item of Content that You did not contribute, without the express prior permission of the contributor of that item.
  8. USING CONTENT – SOCIAL MEDIA
    1. ECHOage acknowledges that social media channels encourage the sharing of materials such as images and videos.
    2. You are encouraged to use the Party Profile page for any party that You host to indicate whether or not You permit the User-generated Content that You have posted to that Party Profile to be posted to any Internet site, tweeted or otherwise provided to any social media channel by any person other than You. If You are under the age of 18, ECHOage strongly encourages You to discuss this issue with Your parent(s) or guardian(s). If You are also under the age of 13, You agree to do so.
    3. If You wish to post any User-generated Content that is not Your own to any Internet site, obtain permission from the Registered User who posted the User-generated Content before doing so.
  9. PAYMENT TERMS
    1. Please be advised that the payment the invited guest will make to this birthday party is in lieu of a birthday gift. The invited guest will enter their credit card information and enter any amount that they may wish in the payment section. The decision as to how much the invited guest would like to contribute to the birthday child is at the discretion of the invited guest.
    2. Refund Policy: Please contact ECHOage if a payment has been made incorrectly and ECHOage will investigate for you and provide a refund where appropriate.
    3. Delivery: After all the invited guests have made their payments towards the birthday party, ECHOage will calculate the total funds contributed. The funds will be divided, with 50% of the available funds being delivered by ECHOage to the party host for the purpose of purchasing birthday gifts for the child. The remaining 50% of the available funds will be delivered by ECHOage to the charity selected by the host parent with administrative fees applied. A $2.00 per guest administrative fee is applied to the amount of funds given to the parent hosting the ECHOage party.
    4. Tax Receipting: Any guest of an ECHOage party will receive a tax receipt for their contribution if the gift amount given to the child is $30.00 or above. A tax receipt will be issued by the charity directly to the guest for half of the amount paid, example: a tax receipt for $15.00 is issued if the contribution made by the guest is $30.00. Whatever the amount given by the guest to the birthday child, the tax receipt will be issued to the guest for half the amount contributed since 50% of the contribution is directed to the charity and 50% of the contribution is directed to the host of the ECHOage party.
    5. Customer Service: All inquires relating to billing or payment can be directed to happytohelp@echoage.com for a quick response.
    6. Currency: Payments made for parties hosted in Canada are in Canadian dollars. Payments made for parties hosted in United States are in US dollars.
    7. USA Banking: Some banks in the USA charge a small administrative fee when contributions are made online. ECHOage does not apply administrative charges to hosts of ECHOage parties.
  10. SCREENING AND MONITORING
    1. ECHOage may but is not obliged to review any Content. Even if ECHOage does review, the review may not be to Your satisfaction. You acknowledge this and the consequence that follows from it: Content accessible on or via the Site may include materials that are offensive or otherwise objectionable to You.
    2. ECHOage is not obliged but reserves the right to monitor some, all, or no areas of the Site from time to time: (i) to verify adherence to these Terms of Use or any other guidelines, rules or codes of conduct posted by ECHOage; (ii) to respond to complaints about Content; or (iii) as required by law.
    3. ECHOage reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on the Site at any time, without notice and without liability.
    4. ECHOage reserves the right, in its sole discretion, to set limits on the amount of User-generated Content that You may contribute.
  11. DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKED SITES
    1. Links to Internet sites not operated by ECHOage are present on the Site (for, example, links to the web pages of the charities that participate in ECHOage’s donation program). ECHOage has no control over such Internet sites or their content. You acknowledge and agree that ECHOage is not responsible for the availability of such links, Internet sites or their content, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Internet sites. You further acknowledge and agree that ECHOage will 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, goods or services available on or through any such resource.
    2. Your correspondence or business dealings with, or participation in promotions of, charities or other third parties such as Facebook and Twitter accessible on or via the Site including any contracts arising from those dealings, are solely between You and the third parties. You agree that ECHOage will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of social media providers, advertisers or other third parties on the Site. Please note, if You provide any information to a third party (e.g., your contact information or credit card information), such information is collected by the third party and not by ECHOage, even if You made a purchase from a third party web Site that was linked from or framed within the Site.
  12. PRIVACY
    1. Please note that ECHOage controls the Site from within Canada, and the Site is hosted in the United States
    2. ECHOage’s use and disclosure of any personal information about You that it collects in association with the Site is subject to ECHOage’s privacy policy, which is available at http://echoage.com/support/policy. You have read the privacy policy and consent to the use of your personal information as described therein.
    3. ECHOage reserves the right to communicate with You regarding your use of the Site. You consent to ECHOage’s use of any contact information that You provide to ECHOage in doing so. The content included in any such communication is deemed to be Content made available on the Site by ECHOage.
  13. WARRANTIES
    1. THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, ECHOAGE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE (INCLUDING ANY CONTENT) OR OTHERWISE ARISING FROM THESE TERMS OF USE INCLUDING ANY CONCERNING: (i) AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE OR CONTENT; OR (ii) TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    2. Without limiting the preceding paragraph, ECHOage does not warrant that the Site or any Content: (i) will be available at all times; (ii) will operate without errors; (iii) defects or errors in the Content will be corrected; (iv) will be accessible regardless of the hardware or software that You wish to employ to access it; (v) is absolutely secure, notwithstanding ECHOage’s use of commercially reasonable efforts to secure it; or (vi) is free from viruses or other harmful code.
    3. All exclusions of responsibility or liability set out in these Terms of Use are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, ECHOage’s total liability to You in connection with any breach of such a warranty will be subject to the limits on liability set out in section 16.
  14. LIMITATION OF LIABILITY
    1. IN NO EVENT WILL ECHOAGE, ITS REPRESENTATIVES OR ITS SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE (INCLUDING ANY ECHOAGE CONTENT AND ANY USER-GENERATED CONTENT) OR THESE TERMS OF USE, INCLUDING LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF ECHOAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
    2. IN NO EVENT WILL ECHOAGE, ITS REPRESENTATIVES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES. FURTHERMORE, ECHOAGE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR ANY SPONSOR OR ADVERTISER OF THE SITES.
    3. WITHOUT LIMITING SECTION 13.1 OR SECTION 13.2, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF ECHOAGE (INCLUDING ECHOAGE’S REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITES (INCLUDING ANY ECHOAGE CONTENT AND ANY USER-GENERATED CONTENT) OR THESE TERMS OF USE, WILL NOT EXCEED $100.00. Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, ECHOage’s total liability to You in connection with any incidental, special or consequential damages will be limited by this section.
    4. The limitations set out in this section 13 will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or these Terms of Use.
    5. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising from or relating to the Site (including any ECHOage Content and any User-generated Content) or these Terms of Use must be filed within one year after such claim or cause of action arises or be permanently barred.
  15. INDEMNITY
    1. You agree to indemnify ECHOage (and its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to: (i) any User-generated Content that You contribute to the Site; (ii) your use or misuse of the Site or any Content; (iii) any person's use of any account or password provided to You relation to the Site, regardless of whether such use is authorized by You; (iv) any breach by You of any of these Terms of Use; and (v) any breach by You of any law or regulation or any rights of any third party.
  16. INTELLECTUAL PROPERTY INFRINGEMENT
    1. It is the policy of ECHOage to investigate and respond to claims of intellectual property infringement.
    2. To the extent that any jurisdiction applicable to these Terms of Use has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, ECHOage will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ECHOage may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although ECHOage makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, ECHOage will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before ECHOage replaces or restores access to any material as a result of any counter notification.
    3. Notices of claimed infringement should be directed to:

      ECHOage Inc.
      23 Lesmill Road, Suite 304
      Toronto, Ontario
      M3B 3P6
      Attention: Copyright Complaints
      Fax: (416) 222-8505
      Email: happytohelp@echoage.com

      Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed. Also include in the notice: (i) an electronic or physical signature of the individual sending the notice; (ii) the address, telephone number, and email address for the sender; (iii) a statement that the sender is or is authorized to represent the owner or exclusive licensee of the proprietary rights alleged to be infringed; and (iv) a written statement that the information in the notice is accurate.
    4. Names, phrases, words, titles, logos, icons, graphics, images or designs, used throughout the Site and the Content may be trade names, registered or unregistered trade-marks or services marks (the “Marks”) of ECHOage, its subsidiaries, affiliates or licensors, or other entities and individuals. The Marks are protected by Canadian and international trade-mark and other laws. Any use of any of the Marks without the express of the owner of the Mark is strictly prohibited.
  17. REPORTING VIOLATIONS OF THESE TERMS OF USE
    1. If You are aware of any violations of these Terms of Use, please report them to:

      ECHOage Inc.
      23 Lesmill Road, Suite 304
      Toronto, Ontario
      M3B 3P6
      Attention: Copyright Complaints
      Fax: (416) 222-8505
      Email: happytohelp@echoage.com

      Please put "Notice of Violation" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the alleged violation.
  18. TERM AND TERMINATION
    1. These Terms of Use will continue in effect for as long as You use the Site, unless specifically terminated earlier by ECHOage or You. You may terminate your agreement with these Terms and Conditions at any time by instructing ECHOage in writing to disable any password for the Site assigned to You and by discontinuing all use of the Site. Your notice should be sent, in writing, to the address set out in the “Contact Us” page of the Site. In addition to any other termination rights that ECHOage may have, ECHOage may terminate its agreement with You if: (i) You breach any provision of these Terms and Conditions or demonstrate an intention to do so; (ii) ECHOage is required to do so by law; or (iii) ECHOage is no longer making the Site available in the jurisdiction from which You access it.
    2. Upon the termination or expiration of these Terms of Use, You will stop using the Site and all Content.
    3. Those sections which by their nature should survive the termination or expiration of these Terms of Use will survive termination or expiration, including but not limited to sections 1.5, 2.1, 5.2, 5.3, 6.1,6.2, 6.3, 6.5, 9.1, 9.2, 10, 11, 12, 13, 14, 15, 16, 17.2, 17.3 and 18.
  19. OTHER
    1. These Terms of Use constitute the complete and exclusive agreement between You and ECHOage with respect to its subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.
    2. No provision of these Terms of Use will be deemed to be waived by reason of any previous failure to enforce it. No provision of these Terms of Use may be waived except in a writing signed by the party waiving enforcement.
    3. Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    4. ECHOage and You are independent contractors and these Terms of Use will not establish any relationship of partnership, joint venture, employment, franchise or agency between ECHOage and You. Neither ECHOage nor You will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Terms of Use.
    5. The Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms of Use.
    6. Except as expressly provided otherwise in the Terms of Use, ECHOage will not be liable for any failure or delay in its performance under the Terms of Use due to any cause beyond its reasonable control.
    7. ECHOage may assign these Terms of Use, in whole or in part, at any time with or without notice to You. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under these Terms of Use, either in whole or in part, without the prior written consent of ECHOage.
    8. Any notice or other significant communication given to You pursuant to these Terms of Use will be in writing, addressed to any email address or address that You provided to ECHOage when registering (as updated by You in accordance with section 3.2) and sent to You by email or by a nationally recognized overnight courier as applicable. Any notice or other significant communication given to ECHOage pursuant to these Terms of Use will be in writing and sent to ECHOage at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one Business Days following: (i) email transmission by ECHOage to You; (ii) deposit with a globally recognized overnight courier service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
    9. The headings used in these Terms of Use are for convenience of reference only and have no legal or contractual significance. No provision of these Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms of Use, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
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