Welcome to Fabric, an app provided by Echoworks LLC ("we" and "our"). Fabric is an app we are still in the process of building and launching. It is a private journal that automatically chronicles the places, people and photos in your life (“Fabric App”). In its current "alpha" version, the Fabric App is for use by invitation only.
The Fabric App currently constitutes confidential information of Echoworks during this “alpha” period. Any information or understanding received or learned by you about the Fabric App (including based on using the Fabric App) may not be disclosed by you. Your non-disclosure obligations extends to friends, acquaintances, colleagues, reporters or other press or news agencies and competitors of Echoworks. If you disclose any such information or understanding about the Fabric App, it will cause significant and irreparable harm to Echoworks, the extent of which may be difficult to ascertain. You may not and should not show or give any public exhibitions or displays of the Fabric App.
This Fabric App is being initially launched in alpha version. You agree and understand that such alpha version is not a final or even “beta” release, and the Fabric App in such alpha version are test versions which may contain anomalies or generate incorrect results or not be fully compliant with legal requirements for providing the kinds of service contemplated to be supported by the interim or final versions of the Fabric App. Further, there may be no formal customer or technical support, and no guaranteed or specific release date or time for any “beta” or final version, or even that the alpha version will be in continuous operation. All data, information, user profile information, and other submissions may be deleted, removed or lost from or not maintained by Echoworks, whether intentionally or not, or any and all information, including personally identifiable information. Echoworks may also retain or archive data or information collected from or input by you, even if the same is not accessible by later versions of the Fabric App. Echoworks shall have no liability or obligation to you whatsoever in respect of any of the foregoing. During any alpha phase, Echoworks may suspend or terminate your account and your ability to use the Fabric App or any portion thereof at any time for any reason whatsoever.
The word "User Submissions" means text, messages, ideas, concepts, pitches, suggestions, data, analyses, descriptions, labels, formatting and formats, your and/or other persons' names, likenesses, usernames, profiles, actions, appearances, biographical information or material, check ins’ and location information, ambiently collected data about you, and/or other similar materials that may be collected, submitted, shared, posted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively, "Distributed") by or about your on or through the Fabric App. User Submissions includes those data, information and/or other materials that Echoworks expressly requests or enables you to provide via any feature or activity on the Fabric App and/or that you Distribute on or through the Fabric App, whether solicited or unsolicited. Echoworks and all of its assignees, licensees, distributors, agents, and representatives shall be entitled to exploit and disclose any and all User Submissions, and Echoworks shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any User Submission. You hereby grant Echoworks and its assignees, licensees, distributors, agents and representatives a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under any and all intellectual and proprietary rights, privacy and publicity rights, and other rights you own or control to use, reproduce, transmit, display, exhibit, Distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Fabric App, Echoworks’ and/ or other third party sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Notwithstanding anything to the contrary, we owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to User Submissions you Distribute.
You may only use Fabric App by invitation during the "alpha" period and only for lawful uses. You may not at any time or for any reason, do any of the following:
Additionally, and without limiting the foregoing, prohibited conduct includes, but is not limited to, use of the computer network and communication infrastructure and systems underlying, hosting and supporting the Fabric App to do any of the following:
Certain of the content on and/or featured in the Fabric App are supplied by third parties. In many of these cases, we are a distributor (not a publisher) of such supplied or licensed content and thus any opinions, advice, statements, services, offers, or other information or content expressed by such third parties are their own, and not of Echoworks. Neither Echoworks nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Echoworks be liable for any loss or damage caused by your reliance on information obtained through Fabric App. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content made available through Fabric App.
The Fabric App contains content that is the intellectual property of Echoworks or its licensors or suppliers. This content is protected by domestic and international copyright, trademark and other intellectual property law and may not be used except as expressly provided for herein or, if relevant, any alpha evaluation agreement to which you may be a party. The publication, distribution, display and retransmission of any portion of the Fabric App or its displays, in any medium, is expressly prohibited unless written permission is first obtained from Echoworks or the appropriate rights holder. All rights not expressly granted hereby are reserved to Echoworks or its licensors or suppliers.
You agree to defend, indemnify and hold harmless Echoworks, Echoworks’ directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Fabric App by you, except to the extent such claims and expenses arise directly out of the gross negligence or willful misconduct of Echoworks.