PRIVACY NOTICE

Eko Trap acknowledges that its customers, visitors and users, need to know the terms of the privacy. Eko Trap provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Eko Trap Site, Eko Trap Software and/or the Eko Trap Service. If you do not agree to our practices, please do not use the Eko Trap Site, Eko Trap Software, or Eko Trap Service.

This Privacy Policy is incorporated into and is subject to the Eko Trap Terms of Service. Your use of the Eko Trap Site, Eko Trap Software and the Eko Trap Service and any personal information you provide on the Eko Trap Site or Eko Trap Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Eko Trap Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

This Privacy Policy is part of Eko Trap’S Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Eko Trap, including information obtained when you access the Eko Trap’s Site, use the Eko Trap Service or any other software provided by Eko Trap.

This Privacy Policy does not apply to the practices of companies that Eko Trap does not own or control, or to individuals whom Eko Trap does not employ or manage, including any of the third parties to which Eko Trap may disclose user information as set forth in this Privacy Policy.

Eko Trap may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

• User Provided Information: You provide certain Personally Identifiable Information, such as push notification name (if applicable), billing information (if applicable) and mobile device information to Eko Trap when choosing to participate in various uses of the Eko Trap Service, such as registering as a user, updating your status.
• Cookies Information: When you visit the Eko Trap Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Eko Trap uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Eko Trap Site may not function properly if the ability to accept cookies is disabled.
• Log File Information: When you use the Eko Trap Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Eko Trap Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

Once you create an account you provide certain information that make you searchable for other users inside Eko Trap. We do not collect location data, but users may voluntarily share their location with other users via the Eko Trap Service.

Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Eko Trap user), if that recipient is online. If is not online the message will be mark as “pending delivering” and once the user is online it will be able to download the message from our servers. Eko Trap retain date and time stamp information associated with successfully delivered messages as well as any other information which Eko Trap is legally compelled to collect. Files that are sent through the Eko Trap Service will reside on our servers.

If you submit Personally Identifiable Information to us through the Eko Trap Site, or Eko Trap Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Eko Trap Site and Eko Trap Service. In particular, your mobile phone number is essential to your use of the Eko Trap Service and will be retained Any Personally Identifiable Information or status content that you voluntarily disclose on the Eko Trap Service becomes publicly available and may be collected and used by other users of the Eko Trap Service (unless such user is blocked by you). We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Eko Trapt Site or Eko Trap Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Eko Trap Site and Eko Trap Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Eko Trap Site and Service and don't make it suck worse. We may use cookies and log file information to:

• (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Eko Trap Service or Eko Trap Site;
• (b) provide custom, personalized content and information;
• (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.
• (d) track your entries, submissions, views and such.

Other users of the Eko Trap Service may see your Status Submissions in a way that is consistent with the use of the Eko Trap Service.

We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Eko Trap Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Eko Trap Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Eko Trap also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Eko Trap believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Eko Trap Site or our servers, and to protect the rights, property, or personal safety of Eko Trap, our users or others.

You may, of course, decline to submit Personally Identifiable Information through the Eko Trap Site or the Eko Trap Service, in which case Eko Trap may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Eko Trap mobile application and discontinue use of the Eko Trap Service; your continued usage of the Eko Trap Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps to verify your identity before registering your mobile phone number and granting you access to the Eko Trap Service. Please contact Eko Trap via email to support at care@ekotrap.app or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

We are not fans of advertising. Eko Trap is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

Eko Trap uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Eko Trap and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Eko Trap Service is never recommended. Once we receive your transmission of information, Eko Trap makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Eko Trap learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Eko Trap may post a notice on the Eko Trap Site or through the Eko Trap Service if a security breach occurs.

Protecting the privacy of young children is especially important. For that reason, Eko Trap does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Eko Trap Site or Eko Trap Service from persons under 18 years of age, and no part of the Eko Trap Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the Eko Trap Service or access the Eko Trap Site at any time or in any manner. If Eko Trap learns that Personally Identifiable Information of persons under 18 years of age has been collected on the Eko Trap Site or Eko Trap Service, then Eko Trap may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!

The Eko Trap Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Eko Trap Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Eko Trap Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes.

In the event that Eko Trap is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Eko Trap Site and Eko Trap Service constitutes your agreement to this Privacy Policy and any amendments.

TERMS OF SERVICE

This is an agreement between Eko Trap Inc., a Delaware corporation (“Eko Trap"), the Eko Trap software, including Eko Trap Messenger (collectively, including all content provided by Eko Trap through Eko Trap Messenger and the Eko Trap Site, the "Eko Trap Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Eko Trap'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://https://ekotrap.app/p//, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

These Terms of Service apply to all users of the Eko Trap Service. Information provided by our users through the Eko Trap Service may contain links to third party websites that are not owned or controlled by Eko Trap. Eko Trap has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Eko Trap will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Eko Trap shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

• A) Subject to your compliance with these Terms of Service, Eko Trap hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Eko Trap's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
• B) You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Eko Trap Service. You must notify Eko Trap immediately of any breach of security or unauthorized use of your account. Although Eko Trap will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Eko Trap or others due to such unauthorized use.
• C) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Eko Trap servers in a given period of time than a human can reasonably produce in the same period by using a Eko Trap application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Eko Trap grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Eko Trap reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Eko Trap clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

The design of the Eko Trap Service along with Eko Trap created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Eko Trap, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Eko Trap reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

• A) The Eko Trap Service allows Eko Trap users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Eko Trap Service, and may be visible to other users of the Service and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Eko Trap users will only be viewable by those Eko Trap user(s) or group(s) you directly send such information. Currently, we have no method of providing different levels of visibility of your Status Submissions among users – you acknowledge and agree that any Status Submissions may be globally viewed by Eko Trap users that you have added as your Eko Trap contacts, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Status Submission to the Service. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Eko Trap does not guarantee any confidentiality with respect to any submissions.
• B) You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Eko Trap is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Eko Trap, and Eko Trap makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Eko Trap to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Eko Trap, you hereby grant Eko Trap a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Eko Trap Service and Eko Trap's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Eko Trap Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Eko Trap Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Eko Trap Service.
• C) In connection with Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Eko Trap all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Eko Trap or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
• D) Adult content must be identified as such. Eko Trap does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Eko Trap expressly disclaims any and all liability in connection with Status Submissions. Eko Trap does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Eko Trap will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Eko Trap user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at Eko Trap.com. Eko Trap reserves the right to remove content and Status Submissions without prior notice. Eko Trap may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Eko Trap employees, agents, subagents, superagents or superheros. Eko Trap also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Eko Trap may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
• E) You understand that when using the Eko Trap Service you will be exposed to Status Submissions from a variety of sources, and that Eko Trap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Eko Trap. You further understand and acknowledge that you may be exposed to Status Submissions that are 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 Eko Trap with respect thereto, and agree to indemnify and hold Eko Trap, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Eko Trap Service.
• F) Eko Trap permits you to link to materials on the Service for personal purposes only. Eko Trap reserves the right to discontinue any aspect of the Eko Trap Service at any time.

YOU AGREE THAT YOUR USE OF THE Eko Trap SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Eko Trap, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Eko Trap MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Eko Trap SERVICE. Eko Trap DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Eko Trap SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Eko Trap WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

IN NO EVENT SHALL Eko Trap, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Eko Trap CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Eko Trap SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Eko Trap from its facilities in the United States of America. Eko Trap makes no representations that the Eko Trap Service is appropriate or available for use in other locations. Those who access or use the Eko Trap Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Eko Trap, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Eko Trap Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Eko Trap Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Eko Trap Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Eko Trap Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Eko Trap is the developer of the Service, with an address at 2711 Centerville Road, Suite 400, Wilmington, County of New Castle, Delaware, 19808 United States, info at Eko Trap.com.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eko Trap without restriction.

You agree that: (i) the Eko Trap Service shall be deemed solely based in Delaware; (ii) the Eko Trap Service shall be deemed a passive server that does not give rise to personal jurisdiction over Eko Trap, either specific or general, in jurisdictions other than Delaware; and (iii) that you agree to subject to the jurisdiction of Delaware in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Eko Trap that arises in whole or in part from the Eko Trap Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, Delaware. These Terms of Service, together with the Privacy Policy at www.labtrap.info/viraltrap_final/privacy.php and any other legal notices published by Eko Trap, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Eko Trap concerning the Eko Trap Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Eko Trap's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Eko Trap reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Eko Trap Service. Your continued use of the Eko Trap Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Eko Trap AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Eko Trap SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.