Terms & Conditions - Echoplex Game Development Studio

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Echoplex regarding your access to and use of our website, services, and any related communications or interactions. By accessing or using our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority or do not agree with these terms, you must not accept this agreement and may not use our services.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of our services. This includes but is not limited to:

Federal and state laws governing online conduct and communications
Intellectual property laws, including copyright and trademark regulations
Privacy laws and data protection regulations
Export control laws and sanctions programs
Consumer protection statutes and advertising standards
Contractual obligations and business regulations

2. Prohibited Activities

You explicitly agree not to engage in any of the following prohibited behaviors:

Using our services for any unlawful purpose or to solicit illegal activities
Harassing, threatening, or intimidating other users or our staff
Impersonating any person or entity or falsely representing affiliation
Attempting to access restricted areas or bypass security measures
Distributing malware, viruses, or other harmful code
Scraping, crawling, or data mining our website without permission
Interfering with or disrupting the operation of our services
Reverse engineering any aspect of our technology or services

3. Content Standards and Restrictions

Any content you submit or communicate through our services must adhere to the following standards:

Must not contain defamatory, obscene, or offensive material
Must not infringe upon intellectual property rights of others
Must not contain false or misleading information
Must not promote discrimination, hatred, or violence
Must not violate privacy rights or disclose confidential information
Must be relevant to the purpose of the communication

4. Age Restrictions and Eligibility

Use of our services is subject to the following eligibility requirements:

You must be at least 18 years old to use our services
You must have legal capacity to enter into binding contracts
You must not be prohibited from using our services under any applicable law
If representing an organization, you must have authority to bind that entity

User Responsibilities and Indemnification

Compliance Obligations

You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and these terms. You must maintain the accuracy of any information you provide to us and promptly update it as necessary. You are responsible for all activities that occur under your account or through your access credentials.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Echoplex, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of our services
Your violation of these terms or applicable laws
Your infringement of any intellectual property or other rights
Any content you submit or actions you take through our services

Privacy and Data Protection

You are responsible for maintaining the confidentiality of any data you access through our services. You must implement appropriate security measures to protect sensitive information and comply with applicable privacy laws. You agree not to share access credentials or allow unauthorized access to our services through your account.

Third-Party Interactions

Your interactions with third parties through or in connection with our services are solely between you and such third parties. We are not responsible for any disputes, claims, or damages arising from these interactions. You should exercise caution and use your judgment when engaging with third parties.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties of uninterrupted or error-free service operation
Warranties regarding security or absence of harmful components
Any warranties arising from course of dealing or usage of trade

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECHOPLEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

Your use or inability to use our services
Any unauthorized access to or use of our servers or data
Any interruption or cessation of transmission to or from our services
Any bugs, viruses, or harmful code transmitted through our services
Any errors or omissions in content or loss of content

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

Consequential Damages Exclusion

We shall not be liable for any consequential damages, including but not limited to lost profits, business interruption, loss of business opportunity, or damage to reputation, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so some of these limitations may not apply to you.

Force Majeure

We shall not be liable for any failure to perform our obligations under these terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, internet failures, or equipment failures.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California.

Dispute Resolution Procedures

In the event of any dispute arising from or relating to these terms or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in San Francisco, California.

Each party shall bear its own costs of arbitration. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.

Severability Clause

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions shall continue in full force and effect.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through our website or by email. Your continued use of our services after such modifications constitutes your acceptance of the updated terms. We recommend reviewing these terms periodically to stay informed of any changes.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Echoplex concerning your use of our services. These terms supersede all prior or contemporaneous agreements, understandings, or communications regarding the subject matter herein.

Waiver and Assignment

No waiver of any term of these conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these terms or your rights hereunder without our prior written consent. We may assign these terms without restriction. Any attempted transfer or assignment in violation of this section shall be null and void.

Terms and Conditions