1.1. By accessing, browsing, or using https://echofyre.com (the “Site”), or any related subpages (including but not limited to dossier pages, archive pages, access-gated entries, and sample files), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not enter.
1.2. Clicking an entry button, checking “I am 18+,” or otherwise passing an age gate constitutes your electronic acceptance of these Terms with the legal force of a handwritten signature.
2.1. Eligibility. You represent and warrant that you are eighteen (18) years of age or older, or the age of majority in your jurisdiction, whichever is higher.
2.2. Age Gate. Access to certain content is controlled by an age-affirmation gate. When you confirm “I am 18+,” the Site sets a functional cookie named archiveAccess_v2 with the value adult to remember your affirmation for approximately fourteen (14) days.
2.3. Scope. The age-affirmation cookie is used only to control access flow and does not by itself identify you. Additional details are provided in our Privacy Policy.
2.4. No false affirmations. Click-affirmation is not proof of age; it documents your representation. You are responsible for truthful affirmation and for preventing minor access from your devices. We may require stronger verification for specific promotions or areas at our discretion.
3.1. Ownership. All text, images, files, code, design, and artwork on the Site are the exclusive property of EchoFyre Media LLC or are used under license (the “Content”). Some imagery is AI-generated for transformative artistic illustration; no real individuals are portrayed or implied.
3.2. Limited License. EchoFyre grants you a non-exclusive, non-transferable, revocable license to view and read the Content for personal, noncommercial use only.
3.3. Restrictions. You may not copy, reproduce, distribute, publish, create derivative works from, or commercially exploit the Content without express written permission from EchoFyre. Unauthorized use may result in civil and criminal prosecution.
3.4. No Minors. The Content does not depict minors or minor-appearing characters. Requests for such material are prohibited and may be reported.
3.5. 18 U.S.C. § 2257. Federal record-keeping requirements for visual depictions of actual sexually explicit conduct (18 U.S.C. § 2257) do not apply to this Site because it does not depict real persons engaged in actual sexually explicit conduct.
4.1. You agree not to: (a) allow minors access to the Site or Content; (b) circumvent or attempt to circumvent the age gate; (c) post or transmit any content that violates law, including child sexual content (images or text); (d) harvest, scrape, or otherwise collect personal data from the Site; (e) copy or republish the Content in whole or in part; (f) engage in automated scraping, data harvesting, bulk downloading, or rate-limit bypass; (g) attempt security testing, reverse engineering, or unauthorized access; (h) share or republish access-gated content.
4.2. Suspicion of misuse may result in access suspension, IP blocking, or referral to law enforcement.
5.1. If you purchase services or content (beta access, paid previews, etc.), you agree to the payment terms and refund policy presented at checkout. EchoFyre may use third-party payment processors (e.g., Stripe, PayPal); their terms apply to purchases. Taxes, if any, are your responsibility.
6.1. The Content is provided “as is” and “as available.” EchoFyre disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
6.2. Neither EchoFyre nor its officers, affiliates, or agents will be liable for indirect, incidental, special, consequential, punitive damages, or lost profits arising from your use of the Site or Content, even if advised of the possibility of such damages.
6.3. To the maximum extent permitted by law, EchoFyre’s total aggregate liability for damages arising from these Terms or from the use of the Site shall not exceed the greater of (a) $100 USD, or (b) the amount you paid EchoFyre in the last twelve (12) months (if any).
6.4. Availability. The Site may be modified, suspended, or discontinued without notice. We are not liable for outages or data loss.
7.1. You agree to indemnify, defend, and hold harmless EchoFyre, its affiliates, officers, directors, employees, and agents from any claim, demand, liability, loss, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of any law, or your use of the Site.
8.1. EchoFyre respects copyright. If you believe your copyrighted work has been used on the Site without authorization, submit a DMCA takedown notice to: info@echofyre.com with sufficient information to locate the material and verify your claim: (a) identification of the copyrighted work; (b) location of the infringing material; (c) your contact information; (d) a statement under penalty of perjury that you are the copyright owner or authorized agent; (e) your electronic signature. Full procedures are described in our DMCA & Copyright Policy. We maintain a policy to terminate or block repeat infringers in appropriate circumstances.
9.1. Governing Law. These Terms are governed by the laws of the State of Tennessee, USA, without regard to conflict-of-law principles.
9.2. Dispute Resolution. Except for claims eligible for small claims court, any dispute arising from or related to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Shelby County, Tennessee, by a single arbitrator in English, under the AAA Consumer Arbitration Rules.
9.3. Class-Action & Jury Waiver. You and EchoFyre agree that arbitration will be conducted only on an individual basis; class actions and class arbitrations are not permitted. You and EchoFyre waive any right to a jury trial.
9.4. Injunctive Relief. EchoFyre may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or the security of the Site.
9.5. Opt-Out. You may opt out of arbitration within thirty (30) days of first agreeing to these Terms by emailing info@echofyre.com with subject “Arbitration Opt-Out,” including your full name and the email address associated with your use of the Site.
10.1. EchoFyre may terminate or suspend access at any time for any reason, including for violation of these Terms.
10.2. EchoFyre may modify these Terms from time to time. The most recent version will be posted at https://echofyre.com/terms.html. By continuing to use the Site after changes are posted, you accept the revised Terms.
10.3. Notice of Changes. Material changes will be indicated by updating the “Effective Date” above. Continued use after the Effective Date constitutes acceptance of the revised Terms.
11.1. Severability. If any provision of these Terms is held invalid or unenforceable, the remainder will remain in effect.
11.2. Entire Agreement. These Terms are the entire agreement between you and EchoFyre regarding the Site, superseding any prior agreements.
11.3. No Waiver. Failure to enforce any right is not a waiver of that right.
11.4. Third-Party Services & Links. The Site may integrate third-party services (e.g., hosting, email, analytics, payments). Their terms and privacy practices apply to your use of those services. Outbound links are provided “as-is” and do not imply endorsement.
11.5. Electronic Communications. By visiting the Site or contacting us, you consent to receive communications from us electronically, and you agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirements for writings.
By proceeding beyond the gate you declare: you are of legal age, you accept these Terms, and you will not blame EchoFyre for the dreams you may bring back from the Archive.
– For EchoFyre Media LLC / Signed by Selhira Threnna Vale (Director, Blackwatch) — “You were told the Archive bites. Enter anyway, and it will.”