This site is owned and/or operated by Newecho Productions™, LLC (NEWECHO).
These terms of service (the “Terms of Service” or “TOS”) apply to and govern your use of the Site(s) Code, the Site(s) Content and the Services (as defined below, and collectively referred to as the “Site”). Your use of the Site signifies your agreement to be bound by these Terms of Service and the Privacy Policy (the “Privacy Policy”) As used herein, any references to “your” or “you” shall include any authorized user of your Account.
NEWECHO reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, these TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to these TOS and Privacy Policy will be effective when posted. NEWECHO will notify all users by way of announcement on the Site if and when changes are made. You agree to review these TOS periodically to be aware of any changes. Your continued use of the Site after any changes to these TOS are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
1. User Information
By using this Site, (1) you represent and agree that you are bound by these TOS; and (2) you have read the Privacy Policy and consent to the use of your personal information by NEWECHO and its affiliates and third party representatives, if any, in accordance with the terms of and for the purposes set forth in the Privacy Policy.
2. Ownership And Copyright
All pages within this Site and any material made available for streaming or download are the property of Mark J. Mosher and published by Newecho Productions, LLC, its subsidiaries, affiliates, vendor or licensors. NEWECHO is the exclusive owner and proprietor of the Site. The Site Content and Site code (“Site Code”) as they exist on the Site are offered to you by NEWECHO for limited use pursuant to these Terms of Service. As used herein, “Site Content” means any and all human readable patent audio and/or visual elements of this Site created or owned by NEWECHO, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works, home movies and home digital photography), designs, logos, information and other content made available through the Site by NEWECHO in concert with third parties. “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, data and other sets of statements and instructions contained in the aunderlying Site. The Site Content and Site Code are owned by NEWECHO and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted by NEWECHO, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link distribute or exploit in whole or in part any Site Content or Site Code. Any violation of copyright laws may result in severe civil and criminal penalties.
All Site Content, including without limitation, the text, images, audio (streaming or downloadable), and video (streaming or downloadable) and any other materials accessed through or made available for use or download through this Site are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of NEWECHO.
At any time, NEWECHO may, in its sole discretion, make available to users certain software that may be either accessible or downloaded from this Site. Whether this software is owned by NEWECHO or a third party, end user license agreements will apply.
3. License; Restrictions On Use
NEWECHO hereby grants you a limited, nonexclusive, nontransferable license to access, use and privately display the Site solely for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you fully comply with the terms of this TOS. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or any prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround or enclose the NEWECHO name, trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of NEWECHO and/or our affiliates or subsidiaries without NEWECHO’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing NEWECHO’s name or trademarks without the express written consent of NEWECHO.
As a condition of your use of this Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these TOS. If you breach any of these TOS, your authorization to use this Site automatically terminates and civil and criminal penalties may apply.
4. Product Descriptions
NEWECHO attempts to describe its products as accurately as possible. However, NEWECHO does not warrant that the product descriptions or other Site Content is accurate, complete, reliable, current or error-free. If a product offered by NEWECHO itself is not as described, your sole remedy is to return the product for a refund.
5. Dealings with Third Parties
Your business dealings or correspondence with, or participation in promotions of, third parties found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NEWECHO shall 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 such advertisers on the Web site.
6. Hyperlinks
The Web site may provide, or third parties may provide, links to other Wide Web sites or resources. Because NEWECHO has no control over such sites and resources, you acknowledge and agree that NEWECHO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NEWECHO 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, goods or services available on or through any such site or resource.
7. Trademark Notice
Newecho Producitons, Mark Mosher Music, and Modulate this. logos are trademarks of Newecho Productions, LLC. All other third-party trademarks or registered trademarks are the property of their respective owners in the United States and other countries.
8. Privacy Policy
The NEWECHO privacy policy below.
9. Disclaimer of Warranties
NEWECHO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE PROVIDED THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE CONTENT, SOFTWARE AND SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS. NEWECHO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEWECHO SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. NEWECHO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
NEWECHO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT NEWECHO SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEWECHO SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
NEWECHO OFFERS NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, EFFICACY OR VALUE OF INFORMATION, ADVICE, OR INSTRUCTIONS IN RELATION TO SITE CONTENT.
NEWECHO RESERVES THE RIGHT TO REFUSE FREE INITIAL CONSULTS BASED ON ANSWERS PROVIDED IN GETTING STARTED QUESTIONAIRE.
10. Limitation of Liability Regarding Use of Site
NEWECHO AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. THIS LIMITATION APPLIES: (1) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY; AND (2) REGARDLESS OF WHETHER OR NOT NEWECHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Accuracy and Integrity of Information; Availability of Service
Although NEWECHO attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. Information contained on the Site may be changed or updated without notice.
12. Third Party Business
From time to time, NEWECHO may sell, recommend, and/or offer links to products manufactured by other businesses on the Site. We are not responsible for examining or evaluating their products, and we do not warrant their products nor the contents thereof. NEWECHO does not warrant to, nor assume any responsibility or liability for the actions, product, and content of their products or respective web sites.
When you access a non-NEWECHO site, please understand that it is independent from NEWECHO, and that NEWECHO has no control over the content on that Web site. In addition, a hyperlink to a non-NEWECHO Web site does not mean that NEWECHO endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
13. Third Party Comments
By submitting comments to Newecho Productions blogs, you agree offer Newecho Productions, LLC a non-exclusive license to reproduce this text as comments on the blog. We reserve the right to select which comments we make public and also remove comments with no notice.
14. Termination
NEWECHO reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause and with or without notice.
15. Statute of Limitations
Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
16. Changes in Site Ownership
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of this Site, of any information about you contained in the Site’s database(s) to the extent NEWECHO assigns its rights and obligations regarding information about you in connection with a merger, acquisition or sale of all or substantially all of NEWECHO assets to a subsequent owner or operator. In the event of such a merger, acquisition or sale, your continued use of the Site signifies your agreement to be bound by the TOS and Privacy Policy of the Site’s subsequent owner or operator. Nothwithstanding the above, you will always have the opportunity to remove any content personal to you prior to, during and after any merger, acquisition or sale of all or substantially all of NEWECHO’s assets.
17. Other
This Agreement shall be governed by the laws of the United States and the State of Colorado. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Denver, Colorado, (or for disputes concerning $15,000 or less shall be resolved in the County Court for the City and County of Boulder), and NEWECHO and you irrevocably consent to the jurisdiction of such courts and venue in Denver/Boulder County, Colorado respectively. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and litigation expenses. This Agreement constitutes the entire agreement between NEWECHO and LICENSEE with respect to the subject matter of this Agreement.
18. Severability
If any provision of the TOS shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
19. Export Controls
No software from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Revision Date: 12/31/2012
Privacy Policy
If you received a mailing from Newecho Productions™, LLC (NEWECHO), (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings. Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.
Files or Data you transmit or post will not be used by NEWECHO for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without your prior permission with the exception of comments, blog comments, suggestions and testimonials which are treated as non-confidential and non-proprietary and may be used on the NEWECHO website and marketing materials and in accordance with our Web Site/Blog Terms of Service.
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. NEWECHO has no obligation to notify Customer about whom the information is sought or that NEWECHO has provided the information. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Revision Date: 12/31/2012
