Terms Of Service

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Effective April 1, 2022

Country: United States

What’s covered in these terms

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Effekt Production services, and what we expect from you.

These Terms of Service reflect the way Effekt Production’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Effekt Production’s relationship with you as you interact with our services. For example, these terms include the following topic headings:

• What you can expect from us, which describes how we provide and integrate our services
• What we expect from you, which establishes certain rules for using our services
• Content in Effekt Productions services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Effekt Productions, or others
• In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms.

Understanding these terms is important because, by using our services, you’re agreeing to these terms.

Besides these terms, we also publish a Privacy Policy. We encourage you to read it to better understand how you can update, manage, export, and delete your information.

Terms

Service provider

Effekt Productions services are provided by, and you’re contracting with:

Effekt Productions LLC organized under the laws of the State of New Jersey, USA, and operating under the laws of the USA

Age requirements

If you’re under the age of 18 years of age you must have your parent or legal guardian’s permission to use a Effekt Production’s account. Please have your parent or legal guardian read these terms with you.

If you’re a parent or legal guardian, and you allow your child to use any Effekt Production services, then these terms apply to you and you’re responsible for your child’s activity on the services.

Your relationship with Effekt Productions

These terms help define the relationship between you and Effekt Productions. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Effekt production’s business works and how we earn money. When we speak of “Effekt Productions,” “we,” “us,” and “our,” we mean Effekt Productions LLC and its affiliates.

What you can expect from us

Provide a broad range of useful services

We provide a broad range of services that are subject to these terms, including:

• Special event command and event coordination (like organizing your team and providing public safety integration)
• Information Systems and communication system design (like custom server hosting environments)
• Hosted communications systems as a Service (like VoIP Dispatch Services)
• Industry leading communication equipment (like digital mobile and portable radios)
• Radio coverage as a Service (like the Effekt Interoperable Radio System (EIRS)

Our services are designed to work together, making it easier for you to communicate. For example, if one co-worker is located on the West Coast of the United States, and needs to communicate to a co-worked on the East Coast, we can provide a solution.

Develop, improve, and update Effekt Productions services 

We’re constantly incorporating new technologies and features to improve our services. For example, we are constantly seeking the latest and greatest system which provide you the latest features and functionality to communicate without any restrictions. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust various settings.

If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Effekt Productions Account by scheduling time with a technician, subject to applicable law and policies.

What we expect from you

Follow these terms and service-specific additional terms

The permission we give you to use our services continues as long as you comply with:

• these terms
• service-specific additional terms, which could, for example, include things like additional age requirements

You also agree that our Privacy Policy applies to your use of our services.

Although we give you permission to use our services, we retain any ownership and intellectual property rights we have in the services.

Respect others

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

• comply with applicable laws, including export control, sanctions, and human trafficking laws
• respect the rights of others, including privacy and intellectual property rights
• don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others
• don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you or others aren’t following these rules, many of our services are monitored by the Federal Communications Commission, who can impose fines, penalties and negatively impact our business. If found at fault, by using our services, you agree to accept responsibility an any financial penalties for your actions. If we act on a report of abuse, we also provide the process described in the Taking action in case of problems section.

Permission to use your content

Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

License

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.

We need your permission if your intellectual property rights restrict our use of your content. You provide Effekt Productions with that permission through this license.

What’s covered

This license covers your content if that content is protected by intellectual property rights.

What’s not covered

• This license doesn’t affect your privacy rights — it’s only about your intellectual property rights
• This license doesn’t cover these types of content:

• publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
• feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below. Scope

This license is:

• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means you can license your content to others
• royalty-free, which means there are no monetary fees for this license Rights This license allows Effekt Productions to:
• host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
• publish, publicly perform, or publicly display your content, if you’ve made it visible to others
• modify and create derivative works based on your content, such as reformatting or translating it

sublicense these rights to:

• other users to allow the services to work as designed, such as enabling you to share photos with people you choose
• our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below Purpose This license is for the limited purpose of:

• operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities.

This includes using automated systems and algorithms to analyze your content:

• for spam, malware, and illegal content
• to recognize patterns in data
• to customize our services for you, such as providing recommendations and personalized search results, content, and ads
• using content you’ve shared publicly to promote the services. For example, to promote a Effekt Productions app, we might quote a review you wrote. Or to promote Effekt Productions Play, we might show a screenshot of the app you offer in the Play Store.
• integrating new technologies and services for Effekt Productions consistent with these terms 

Duration

This license lasts for as long as your content is protected by intellectual property rights.

If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:

• If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Effekt Productions Account even after you remove it from your Effekt Productions Account.

Using Effekt Productions services

Your Effekt Productions Account

If you are over the age of 18 you can create a Effekt Productions Account for your convenience. Some services require that you have a Effekt Productions Account in order to work

You’re responsible for what you do with your Effekt Productions Account, including taking reasonable steps to keep your Effekt Productions Account secure.

Using Effekt Productions services on behalf of an organization or business Many organizations, such as businesses, non-profits, and schools, take advantage of our services

To use our services on behalf of an organization:

• an authorized representative of that organization must agree to these terms
• your organization’s administrator may assign a Effekt Productions Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Effekt Productions Account.

Service-related communications

To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Effekt production’s Privacy Policy.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

Content in Effekt Productions services

Your content

Some of our services may give you the opportunity to make your content publicly available — for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.

If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action.

Effekt Productions content

Some of our services include content that belongs to Effekt Productions. You may use Effekt production’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices.

Other content

Finally, some of our services give you access to content that belongs to other people or organizations — for example, visibility to another customers assigned radios, if given permission by that customer, or a shared folder to exchange files and data. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Effekt production’s views.

Software in Effekt Productions services

Some of our services include downloadable software. We give you permission to use that software as part of the services.

The license we give you is:

• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means that we can license the software to others
• royalty-free, which means there are no monetary fees for this license
• personal, which means it doesn’t extend to anyone else
• non-assignable, which means you’re not allowed to assign the license to anyone else

Some of our services include software that’s offered under open-source license terms that we make available to you. Sometimes there are provisions in the open-source license that explicitly override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our services or software.

In case of problems or disagreements

Warranty disclaimer

We built our reputation on providing useful, reliable services like Effekt Interoperable Radio System (EIRS) and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated in our service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Liabilities

For all users

Both the law and these terms try to strike a balance as to what you or Effekt Productions can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for gross negligence or willful misconduct.

To the extent allowed by applicable law:

• Effekt Productions is liable only for its breaches of these terms or applicable service-specific additional terms
• Effekt Productions isn’t liable for:
• loss of profits, revenues, business opportunities, goodwill, or anticipated savings
• indirect or consequential losses
• punitive damages
• Effekt production’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute

For business users and organizations only

If you’re a business user or organization:

• To the extent allowed by applicable law, you’ll indemnify Effekt Productions and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
• If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities. 

Taking action in case of problems

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless doing so would:

• cause harm or liability to a user, third party, or Effekt Productions
• violate the law or a legal enforcement authority’s order
• compromise an investigation
• compromise the operation, integrity, or security of our services

Removing your content

If any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Effekt Productions, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to Effekt Productions services

Effekt Productions reserves the right to suspend or terminate your access to the services or delete your Effekt Productions Account if any of these things happen:

• you materially or repeatedly breach these terms, service-specific additional terms or policies
• we’re required to do so to comply with a legal requirement or a court order
• your conduct causes harm or liability to a user, third party, or Effekt Productions — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.

Settling disputes, governing law, and courts

For information about how to contact Effekt Productions, please visit our contact page. New Jersey law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Essex County, New Jersey, USA, and you and Effekt Productions consent to personal jurisdiction in those courts.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights

 These terms describe the relationship between you and Effekt Productions. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.

If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Effekt Productions Account.