Terms and Conditions of Use

Welcome to Echodio. We help you keep your music libraries in sync, securely backed up and streamable from anywhere. It is important that you read and agree with these Terms of Use ("Terms") which set out the terms and conditions under which we deliver our Services.

By accessing or browsing the Echodio website and related sites (the "Website"), by downloading our desktop software and by using any of the Services available from Echodio you agree to be bound by these Terms and all Echodio policies and guidelines. If you do not agree to these Terms, do not use the Website or Services.

Echodio reserves the right to amend or change these Terms or any other company policy or guideline at any time. These Terms, policies and guidelines should be reviewed regularly by you, since your continued use of the Website, software or Service constitutes your acceptance of such Terms, policies and guidelines.

Definitions

As used in these Terms and Conditions of Use:

"Echodio," "we," "us," or "our": mean Syncredible, Inc. and its subsidiaries and affiliates;
"you," "your" or "yourself": refers to the individual or legal entity accessing the Website and registering for or using the Services;
"Services" or "Service": means iTunes sync and backup services, Echodio software, and any other products or services provided by Echodio or its authorized agents, distributors, and licensees;
"Echodio software": means software provided to you or for your use by Echodio;
"computer": means a desktop or laptop computer, network device, and any storage device attached to them in any fashion;
"personal information": means information concerning yourself that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, gender, year of birth, and postal code.

Registering with Echodio

You are required to register and create an account in order avail of a free Echodio beta account. Your account is for your own use only and only one account may be created for a single email address. Similarly, only one individual may access the Services at any one time using the same username and password.

In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 or over and that all information you provide on the registration form is accurate and complete. You must provide an accurate email address, and you must maintain accurate account information in the event that Echodio needs to send important communications regarding the Service and updates. You also agree to comply with all applicable laws and regulations.

Echodio reserves the right to withhold Services from anyone at any time at its sole discretion.

Any information you give to us is bound by our privacy policy which can be reviewed at http://www.echodio.com/terms#privacy.

Free Trial

Echodio offers users a free trial during its beta period. No credit card details are required for this trial. Echodio reserves the right to refuse access to and to terminate free trials at our sole discretion. Free trials are limited to 1 Gigabyte storage.

Service Delivery and Usage

Your account will be activated immediately. While Echodio makes every reasonable endeavour to make the Services available at all times, Echodio does not guarantee the Services and is under no obligation to provide you with maintenance, technical support or updates for the Services.

Echodio reserves the right to suspend your account if your use of the Services negatively impacts on the operation of our Services or the use of our Services by other users.

You shall not use the Service in any manner that interferes with or disrupts the Service or is intended to do so.

Echodio shall not be responsible for any loss caused by invalid, already-corrupted or empty files or content that may be uploaded to our Service. Neither is Echodio responsible for any files or content that may be lost from your computer.

Echodio should not be used to support any high-risk activity.

Service Performance

In order to properly utilize the Service, you need a broadband connection. The performance of the Service will depend on the capacity of your broadband service. Echodio is not liable for local broadband failures, modem issues or other related faults.

We make no warranty that any particular computer or other device will be compatible or function with the Echodio software and Services. We may modify the system requirements for Echodio at any time.

Account Cancellation

You can cancel your account at any time by contacting support@echodio.com. Echodio will then cancel your account and delete all content backed up with us. Cancelled accounts are not accessible, all content is deleted and may not be retrieved.

Service Suspension

Echodio will have no liability to you for any loss, interruption, discontinuance or unavailability of its Services for any reason, or for any loss of, or inability to access any content.

Termination of the Echodio Service

Echodio reserves the right at any time, in its sole discretion and without notice, to suspend, change, permanently withdraw or cancel any or all of its Services.

Third Party Access to your content

Echodio will only access and disclose information from your account in response to legitimate governmental requests, subpoenas or court orders or to protect Echodio's systems, customers and business. Such information may include, without limitation, user profile information, IP and traffic information, usage history, etc. You are referred also to Echodio's privacy policy for details on how your registration data will be handled by us.

You represent and warrant that, in relation to the content that you backup and manage with Echodio (a) you have the right to backup this content with Echodio and (b) Echodio's use of such content in delivering our Service does not violate any third party rights or agreements.

You agree that Echodio has no control over content sent through or backed up by Echodio. We do not review content backed up by or transmitted through our Service. Echodio is not liable for such content.

You may not submit or transmit through this Service any content or material that:

violates or infringes the proprietary rights of others including, without limitation, patent, trademark, or copyright rights;
is abusive, harassing, threatening, defamatory, libellous, unlawful, deceptive, fraudulent, or otherwise infringes the legal rights of others;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
is obscene or immoral, as solely determined by Echodio;
impersonates any person, business or entity, or misrepresents your own identity;
contains viruses, worms or corrupted files or any other computer code, files or similar programs that interrupt, damage or limit the operation of any computer software, hardware or telecommunications equipment;
constitutes the sending of, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications;
harvests or otherwise collects personal information about others;
encourages behaviour that would constitute a criminal offence, or that gives rise to civil liability;
hinders the use of Echodio by any other person; or
violates these Terms or any other policy posted on Echodio.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms, including without limitation, immediate termination of your account or access to Echodio if we believe, at our discretion, that you are violating these Terms.

You agree to indemnify and hold us harmless against any and all liabilities, costs and expenses we may incur as a result of your submission or transmission through this Website of any material in breach of these Terms.

Privacy of User Information

If you obtain access to Echodio user information, you agree to use this information only as specifically authorized by Echodio to carry out the purpose for which the information was provided. Under no circumstances may Echodio User Information be shared with any third parties whatsoever. Similarly, any such data must be handled as provided for under the Echodio privacy policy which can be reviewed at http://www.echodio.com/terms#privacy. These provisions apply whether or not you have an Echodio account.

Echodio may also send you Service or Administration announcements. Under your membership, you agree to accept these communications. You may also be sent notice of promotions and company news. You may opt out of receiving these communications at any time by emailing unsubscribe@echodio.com.

All feedback provided by users is the property of Syncredible, Inc.

Copyright and License Provisions

In order to use Echodio, you need to download a piece of Desktop Software from the Website.

By creating an account with Echodio, we grant you a limited, non-transferrable license to access and make use of our website and Desktop Software for your use only. You have no right to copy, amend or transfer Echodio software. You have no rights to any patents, copyrights, trademarks, trade secrets, source code etc. in respect of our Software or Services. These Terms shall apply to any updates as will be made available to you.

You may not (a) resell any aspect of the Echodio Service, software or technology; (b) modify, reverse engineer or make any derivative use of any aspect or part of Echodio and its Service; (c) use any data mining, robots, data gathering or extraction methods; (d) download any portion of Echodio information or Service; or (e) make any use of Echodio's Website, Service, logos or materials other than for their intended purpose; save with the express prior written permission of Echodio.

Under these Terms, the software is licensed, not sold, to you for the intended purpose. Echodio reserves all rights not expressly granted to you. All right and title, including all intellectual property rights, in and to the Echodio software and Services, are owned by Echodio.

Echodio may terminate, at its sole discretion, subscriptions and/or accounts of those who are believed to be acting outside these Terms of Service. Echodio also reserves the right to terminate accounts of those who infringe the intellectual property rights of others.

Echodio reserves the right to revoke any licenses at any time.

Content Storage

Echodio backs up your digital content on Amazon Web Services (AWS). Echodio reserves the right to use any additional or alternative third party storage supplier or Echodio's own storage resources at its sole discretion.

Echodio also reserves the right to store content selected at its own discretion on other locations resulting in varying but reasonable access and download times. This practice would normally apply to content that is rarely accessed by the user.

Account Security

Your account is accessible only through the username and password that you create on set-up. It is your responsibility to maintain the confidentiality of your account access codes - both offline and online. If you lose or forget your password, you can acquire a reminder via the Echodio Website. You accept responsibility for all activity on your account.

We use reasonable security measures to protect your registration data and content. We cannot, however, guarantee that our best efforts will prevent hackers from illegally accessing the Website or its contents. You agree to accept all risks of unauthorized access to any information you provide to Echodio and to notify us of any unauthorised or suspicious activity on your account. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content.

If you decide to backup encrypted data and content to Echodio, then Echodio will have no responsibility for any loss or liability resulting from the inability of the user to un-encrypt their data for whatever reason.

Advertising on our Website

From time to time, Echodio may run advertisements from other parties on our Website. We make no representation as to the format or content of such advertising and accept no liability for any loss or damage of any sort that may result from the presence of such advertisers on our Website.

Trademarks

"Echodio" is a trademark of Syncredible, Inc. and is protected by law. You may not copy or use the Echodio name or logo without the express prior written permission of Syncredible, Inc.

Waiver

If we fail, at any time during the term, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Disclaimer

While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.

Liability

Except to the extent otherwise expressly provided in this clause, Echodio will not be liable to any party for lost or for special, incidental, indirect, punitive, consequential or exemplary damages arising out of or in any manner connected with these Terms or the Service, regardless of the form of action and whether or not Echodio has been informed of, or otherwise might have anticipated, the possibility of such damages.

In any event, Echodio's liability to any party for any matter arising out of, or in any manner connected with, these Terms or the Services shall not exceed the aggregate amount of fees actually paid by such party to Echodio for the Services.

Nothing in these Terms shall exclude or limit the Company's liability for: death or personal injury; or fraud; or any liability which cannot be excluded or limited under applicable law.

Jurisdiction

Your use of the Echodio Website and Services is subject to all appropriate local, state, national and international regulations and laws. The laws of the State of California, excluding its conflicts of law rules, govern these Terms.

Assignment

Echodio may assign any of its rights under these Terms to any subsidiary or entity that acquires any or all of the assets of Echodio or that acquires any or all of Echodio's interests in the Services. You understand that in the event of such a transaction, your personal information may be transferred under the terms outlined in our Privacy Policy which can be reviewed at http://www.echodio.com/terms#privacy.

DMCA Policy

Notification of Copyright Infringement

Syncredible, Inc, operators of http://www.echodio.com, respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Echodio will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers".

If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Echodio website and service (collectively the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to Echodio's Designated Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements) Upon receipt of Notice as described below, Echodio will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the Echodio user's account in appropriate circumstances.

DMCA Notice of Alleged Infringement ("Notice")

To supply us notice of alleged infringement:

Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Echodio's Designated Copyright Agent:

Privacy Policy

Echodio takes our subscribers privacy very seriously. We recommend that you read our detailed Privacy Policy ("Policy") below, so you understand the implications of sharing information with us. This Policy describes what personal information we collect from users of Echodio from our Website, how we use that information and how we won't use it. By using our Website, you consent to the terms of this Policy.

The Bottom Line

We promise not to spam you or share your data with anybody else, save under the reasonable exceptions outlined below.
We do not, and will not, resell, distribute or, save as set out in this Policy, share any identifiable customer date with other entities.
With the exception of problem reporting and configuration of publishers for publishing content, our software does not include any code for collecting any private or personal data from the computers it is installed on or has access to.

Who Can Use Our Website

This site is not designed or intended to collect or retain the personal information of persons under the age of 18. You must be 18 years or older to create an account on Echodio. We will not knowingly collect or retain information from persons under the age of 18.

What Is Personal Information

For the purposes of our Policy, personal information is considered to be that information that concerns, helps us identify, and differentiate between, users. This may include information such as name, email address, billing address, credit card details, account number, telephone number, usage history, etc.

Personal information does not include aggregate information concerning a group or category of users or products from which is not possible to identify a particular individual.

Our Privacy Policy

We want all Echodio users and users to be totally comfortable about what personal information we collect, why and for what purpose.

Echodio manages and handles all personal subscriber data on Amazon servers. Amazon operates the US Department of Commerce Safe Harbor scheme, which is a binding commitment by Amazon to store your personal information in compliance with the data protection standards implemented in the European Union. This data is used only in the context of delivering our service. We will not use your data in any other context unless you give your express approval in advance.

We undertake to ensure that every member of staff at Echodio is aware of all aspects of this policy and behave as such.

We are happy to discuss or explain any aspect of this policy with you. Please feel free to contact privacy@echodio.com at any time.

Information We Collect And Hold

When you register for an account - even a free one - we need certain information from you. This includes your name and email address. We may also ask for some market research data like your country of origin, where you currently share your digital content, how you heard about us and whether you would like to receive a newsletter.

If you subscribe for a fee-based service, we will also collect your credit card details and billing address. This information is personal, falls under the provisions of this Policy and will be carefully secured.

By registering, you are also added to our mailing list so we can send you product alerts and reminders. You may unsubscribe from this list at any time by emailing unsubscribe@echodio.com.

At registration, we also request some additional information that helps us continuously improve our service - this is optional information, and includes where you heard of us, newsletter sign up etc. You are not obliged to give us this information in order to use the service. We appreciate any information you can give us that will help us in our service development; and promise to treat all information with respect.

In the course of using the Echodio service, you will upload digital content and data to our servers. We have a duty of care to handle this information carefully and competently as per the terms of the user agreement you are also party to as a Echodio subscriber.

In using the Echodio service, you have a duty of care to safeguard your password and log in details. If you are accessing your data online, you need to make sure you successfully log out of the service, to ensure that no other third party can access your content. At Echodio, we can help you set a new password, but we never have access to your current password.

Echodio may also run competitions, survey or other activity that involves the collection of personal information. In these cases, the information gathered will fall under the provisions of this Policy.

Echodio transfers sensitive data using Secure Socket Layer encryption to protect your information from unauthorized access when in transit.

The Echodio website uses cookies and web server logs to collect operational information about our website. This information may include your IP address, cookie, date/time/duration of your visit and the sites you visited before and after being on our site. This helps us better understand the performance of our site and where can make improvements. You can choose to enable or disable cookies in your web browser. Note however that disabling cookies may prevent you from using the full range of services available on the Website.

You have the right to ask for a copy of your personal information held by us on payment of a small fee.

We strive to ensure that all information is accurate and up-to-date. However should you discover any inaccuracies in your account details please contact us at support@echodio.com.

How We Use The Information

The main reason we collect your information is so that we can provide a great service to you - we need some personal information in order to do this. We use this information to deliver the service you have subscribed or registered for, to process transactions, provide support, respond to user requests, maintain a record of our dealings with you, develop new products and services and inform you about developments with our service and also for market research purposes.

We also use this information to manage the functioning of our servers, deliver customer service and develop new products and services for our customers and prospective customers.

By subscribing to Echodio, you automatically subscribe to receive relevant service information about Echodio. We may also contact you to update you on new Echodio developments or offers that might be of benefit to you. If you do not wish to receive communication from you, please email support@echodio.com.

We use your cookie information to streamline your user experience and to add to our market research concerning the website. We like to gather overall statistics on the site that we use in an aggregated way to help us improve the site's performance.

Sharing The Information

Echodio will never sell, give or rent any of your personal information to a third party. Other than set out in this Policy, we will not disclose your information to anyone unless we are compelled to do so by a court of law or other competent authority with jurisdiction over us.

There are certain limited circumstances under which we may share information:

with affiliates and subsidiaries
with third parties, provided you consent
our own service providers who may need your details in order to perform internal functions that help us run our business such as payment services or market analysis. In this case, these third parties will be subject to this privacy policy.
in the event of a sale or merger or some other trade transaction involving Echodio, we may need to share your data, or operate under a different privacy policy. In this case, you will be notified of any change in circumstances.

There may be certain legal circumstances under which we may decide to share your data, such as to comply with the law, to assert our rights, to enforce the terms of use of the Echodio service, to address technical or security issues, etc.

Echodio will often compile aggregated data concerning the usage of our service which may be publicly shared. This information will relate to Echodio's overall performance.

Access To Your Information

Echodio will ensure that your personal information is secured in an effort to prevent unauthorised access, alteration, loss or use while it is in our control. We operate a confidentiality policy for those members of staff who do have access to this information. We ensure that access to personal information is restricted to those who need such access to deliver, develop or enhance the Echodio service.

In order to protect the personal information we request from you via our website, we transmit this data only through an SSL (Secure Sockets Layer) server. This means that all such information is encrypted and, thereby, protected.

The personal information we store is password protected and accessed on a strict "need-to-know" basis.

Echodio does not take responsibility for data transferred between our site and another or for data sent to us by email. In the case that you click from a Echodio site to a site operated by another body, please bear in mind that our Privacy Policy no longer applies.

Echodio is happy to give you access to all of the personal information shared by you with us. You may amend or update this information at any time.

Echodio may retain your personal information for some time in the event that you cancel your Echodio service.

Consent

By registering to use the Echodio service, you are consenting to our collection and use of your personal information as described in this policy. While the Echodio Privacy policy may change over time, the current version will always be available on this page. Your continued use of Echodio services indicates your continued agreement to the current terms of the policy.

Contact

If you have questions, concerns, or suggestions on this subject, please email us at privacy@echodio.com.

Effective Date: March 5th 2009