ECHOJOURNAL is comprised of (i) ECHOJOURNAL website, currently located at www.ECHOJOURNAL.org (and/or any successor or additional website(s) owned or operated by or for ECHOJOURNAL); (ii) ECHOJOURNAL syndication network (which includes third party websites); (iii) ECHOJOURNAL client, a downloadable application to upload, download and view content (the "ECHOJOURNAL Player "); (iv) the servers operated by or on behalf of ECHOJOURNAL; and/or (v) any other technology and/or services that ECHOJOURNAL provides its users. ECHOJOURNAL enables you to make content available to other users of ECHOJOURNAL and to access content made available by other users of ECHOJOURNAL. All comments and other communications posted or published by you or other users on ECHOJOURNAL, including in any bulletin board, chat, discussion group, feedback area, news group or email, is referred to as "User Material." "Video Material" for purposes of this Agreement is the video you upload to ECHOJOURNAL. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation including music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to ECHOJOURNAL, including complying with these TOU. The terms and conditions regarding the uploading of Video Material and Publisher Material is covered in the Publisher Terms.
You retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on ECHOJOURNAL. In connection with User Material that you make available on ECHOJOURNAL, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize ECHOJOURNAL to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of ECHOJOURNAL and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to ECHOJOURNAL, you hereby grant (or warrant that the owner of such rights has expressly granted) ECHOJOURNAL a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with ECHOJOURNAL (and its successors) business, including without limitation for promoting and redistributing part or all of ECHOJOURNAL (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of ECHOJOURNAL a non-exclusive license to access your User Material through ECHOJOURNAL, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of ECHOJOURNAL and under these TOU.
ECHOJOURNAL does not guarantee that any User Material or Video Material and Publisher Material will be made available on ECHOJOURNAL, whether continuously or at all. ECHOJOURNAL shall have no obligation to monitor any User Material and Video Material and Publisher Material. However, ECHOJOURNAL and its agents reserve the right to monitor any User Material and Video Material and Publisher Material from time to time for any lawful purpose. ECHOJOURNAL may, without notice to you, remove or block any User Material and/or Video Material and Publisher Material from ECHOJOURNAL, including disabling access to such User Material and/or Video Material and/or Publisher Material that you have downloaded through ECHOJOURNAL.
Registration is not required to view most User Material and Video Material and Publisher Material provided as part of ECHOJOURNAL. However, you are required to register if you wish to post a comment or upload a video, download ECHOJOURNAL Player or view certain User Material and Video Material and Publisher Material. If you wish to upload a video you will be subject to our Publisher Terms. If you wish to download ECHOJOURNAL Client you will be subject to additional terms and condition relating to the license and use of ECHOJOURNAL Client.
Content on ECHOJOURNAL Network
Content on ECHOJOURNAL is meant for all medical audiences. You understand that you will be exposed to User Material from a variety of publishers and that ECHOJOURNAL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ECHOJOURNAL with respect thereto, and agree to defend, indemnify and hold harmless ECHOJOURNAL, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of ECHOJOURNAL.
ECHOJOURNAL grants you permission to use ECHOJOURNAL subject to all of the terms and conditions set forth in these TOU.
As a condition of use, you agree not to use ECHOJOURNAL for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of ECHOJOURNAL is expressly prohibited.
In addition to these TOU, your use of the Video Material may be subject to separate license terms as set forth by the Publisher.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in ECHOJOURNAL's sole discretion, an unreasonable or disproportionately large load on ECHOJOURNAL's infrastructure; (ii) interfere or attempt to interfere with the proper working of ECHOJOURNAL or any activities conducted on ECHOJOURNAL; (iii) bypass any measures ECHOJOURNAL may use to prevent or restrict access to ECHOJOURNAL, other accounts, or computer systems or networks connected to ECHOJOURNAL; or (iv) interfere with any other users enjoyment of ECHOJOURNAL, including, without limitation, accessing an account of a ECHOJOURNAL user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of ECHOJOURNAL or any content available through ECHOJOURNAL website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access ECHOJOURNAL in a manner which sends more request messages to ECHOJOURNAL server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Echojournal, including, without limitation, information about other users of ECHOJOURNAL. The use of any information learned through ECHOJOURNAL or while in ECHOJOURNAL website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the echojournal.org website or any of its contents. No hyperlinks to any password protected web pages on the echojournal.org website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by ECHOJOURNAL in our sole discretion.
The content accessible through ECHOJOURNAL, except User Material and Video Material and Publisher Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "ECHOJOURNAL Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to ECHOJOURNAL, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, ECHOJOURNAL Content, Marks, User Material and Video Material and Publisher Material is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these TOU or without the prior written consent of the respective owners. ECHOJOURNAL reserves all rights not expressly granted in and to ECHOJOURNAL and ECHOJOURNAL Content. If you download or print a copy of ECHOJOURNAL Content, User Material or Video Material and Publisher Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of ECHOJOURNAL or features that prevent or restrict use or copying of any ECHOJOURNAL Content, User Material or Video Material and Publisher Material.
ECHOJOURNAL respects the rights of copyright holders. We have established a copyright policy which is incorporated herein by reference.
ECHOJOURNAL may terminate your access to all or any part of ECHOJOURNAL at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of ECHOJOURNAL at any time, provided that all provisions of this TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ECHOJOURNAL, ECHOJOURNAL’S CONTENT AND MARKS ARE PROVIDED BY ECHOJOURNAL "AS IS" AND "AS AVAILABLE". ECHOJOURNAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT ECHOJOURNAL OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ECHOJOURNAL DISCLAIMS ALL WARRANTIES REGARDING ECHOJOURNAL AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA ECHOJOURNAL (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF ECHOJOURNAL SHALL BE AT YOUR SOLE RISK. FURTHER, ECHOJOURNAL DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ECHOJOURNAL OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND ECHOJOURNAL WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
Limitation of Liability
IN NO EVENT SHALL ECHOJOURNAL OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF ECHOJOURNAL, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH ECHOJOURNAL (INCLUDING BUT NOT LIMITED TO, ECHOJOURNAL CONTENT AND ECHOJOURNAL MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ECHOJOURNAL OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ECHOJOURNAL ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF ECHOJOURNALS; ANY UNAUTHORIZED ACCESS TO OR USE OF ECHOJOURNAL SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ECHOJOURNAL WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH ECHOJOURNAL WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ECHOJOURNAL OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH ECHOJOURNAL.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, ECHOJOURNAL'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless ECHOJOURNAL and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "ECHOJOURNAL Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to ECHOJOURNAL; (ii) your violation of any term of these TOU; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on ECHOJOURNAL caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to ECHOJOURNAL Indemnitees. ECHOJOURNAL shall have the right, in its sole discretion, to select its own legal counsel to defend ECHOJOURNAL Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by ECHOJOURNAL Indemnitees in connection therewith. You shall not, without the prior express written approval of ECHOJOURNAL, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any ECHOJOURNAL Indemnitee. This defense and indemnification obligation will survive these TOU and your use of ECHOJOURNAL.
Acceptance. If you do not accept all of the terms and conditions set forth in these TOU, you may not access or use ECHOJOURNAL.
Ability to Accept. ECHOJOURNAL is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If you are under 18 years of age, you may not register for or use ECHOJOURNAL.
Modification. ECHOJOURNAL shall have the right to modify these TOU at any time, which modification shall be effective immediately following ECHOJOURNAL's posting of such change on its website. We recommend that you check ECHOJOURNAL website regularly for any such changes. Your use of ECHOJOURNAL following such posting shall be deemed to constitute your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of ECHOJOURNAL.
Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by ECHOJOURNAL to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.
Links to Third Party Websites. As a convenience for its users, ECHOJOURNAL may provide links on this website to other websites owned by third parties. Unless otherwise stated, ECHOJOURNAL does not endorse or control these third parties and takes no responsibility for them or their websites.
Export and International Use. ECHOJOURNAL is controlled and offered by ECHOJOURNAL from its facilities in the United States of America and all the videos are provided to doctors,medical students all over the world.
Patients. ECHOJOURNAL’s content is directed to doctors and health professionals only and is not directed to patients or normal people and we are not responsible for any harms that may result from the un-professional use of the ECHOJOURNAL content.