.png)
Legal Agreements
- Terms of Sale
Revised on January 25th, 2021.
In this Terms Of sale Echoframe Media LLC will be referred to as (“Echoframe.live,”“Echoframe,” “us,” or “we”) . We offer a live streaming service and online performance platform comprised of Custom Web sites,services, software applications, embedded players, and embedded Widgets referred to as (the“Echoframe.live Service”).
The terms of sale agreement (this “Terms of Sale”) pertaining to the Echoframe.live Service is a legal contract between you, an individual user of at least 18 years of age or a single entity referred to as(“You,”“User”, “user” or, collectively, “Users”, “users”or “Broadcasters”) throughout this terms of sale, and Echoframe Media regarding your use of the Echoframe.live Service and the purchase of products or services from Echoframe Media.
Our Terms of Service is available at and is hereby incorporated into this Terms of Sale by reference.Any terms not defined in this Terms of Sale have their respective meaning as set forth in the Terms of Service. Our Terms of Service is available at and is hereby incorporated into this Terms of Sale by reference.Any terms not defined in this Terms of Sale have their respective meaning as set forth in the Terms of Service.
THESE TERMS OF SALE GOVERN ANY PURCHASES FROM ECHOFRAME.LIVE MADE BY YOU. EACH TIME YOU MAKE A PURCHASE ON THE ECHOFRAME.LIVE PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS OF SALE.
REFUND POLICY
You agree that the purchase of all Access is final. Tickets are non-refundable, non-returnable and,non-transferable except in Echoframe Media’s sole and absolute discretion.
MISCELLANEOUS
NO WARRANTY
ECHOFRAME.LIVE MAKES AND HOLDS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ECHOFRAME.LIVE PLATFORM.
Amendments.
We may change this Terms of Sale, in whole or in part. Please check this Agreement periodically for changes as notice of all changes to this Terms of Sale shall be provided by posting such changes on the Echoframe.live Web site. Additionally, Echoframe.live will attempt to notify you when material changes are made to this Terms of Sale. Your continued use of the Echoframe.live Service after the posting of changes constitutes your binding acceptance of any changes.
Governing Law.
These Terms of Sale will be governed by and construed in accordance with the laws of the State of Colorado ,without giving effect to any principles of conflicts of law.
Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms of Sale or Echoframe.live will be filed only in the state or federal courts in and for Denver, Colorado and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability.
If any provision of the Terms of Sale is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Sale to the minimum extent necessary and will not affect the validity and enforce-ability of any remaining provisions.
Assignment.
The Terms of Sale, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Echoframe.live without restriction. Any assignment attempted to be made in violation of the Terms of Sale shall be void.
Survival.
Upon termination of the Terms of Sale, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
- Terms of Service
revised on January 25th, 2021
I. In this Terms Of Service Echoframe Media LLC will be referred to as (“Echoframe.live,”“Echoframe,” “us,” or “we”) . We offer a live streaming service and online performance platform comprised of Custom Web sites,services, software applications, embedded players, and embedded Widgets referred to as (the“Echoframe.live Service”).
The following terms of service (the “Terms of Service”) for the Echoframe.live Service is a legal contract between you, an individual user of at least 18 years of age or a single entity (“you”, “user” “User” or, collectively, “Users”), and Echoframe.live regarding your use of the Echoframe.live Service.
By using and/or visiting this Site, you signify your agreement to
(1) This Terms of Service,
(2) The Echoframe.live privacy policy and incorporated here by reference (the “Privacy Policy”),
(3) The Echoframe.live terms of sale (the “Terms of Sale”) and
(4) The Echoframe.live broadcaster agreement (the “Broadcaster Agreement”).
This Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Users.
If you do not consent to the Terms of Service, the Privacy Policy, the Broadcaster Agreement or the Terms of Sale, please do not use the Echoframe.live Services.
Echoframe.live reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service.
Echoframe.live will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes.
Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
II. Eligibility
The Echoframe.live Service is not available to persons under the age of 18 or to any users previously suspended or removed from the Echoframe.live Service by Echoframe Media
UPON CONTINUING TO USE THE ECHOFRAME.LIVE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE ECHOFRAME.LIVE SERVICE.
III. Ownership of Site Materials;
The data and materials on the Echoframe.live Service, except the User Submissions (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, and overall look and feel of the Echoframe.live Service (collectively, the “Materials”) are the intellectual property of Echoframe.live, its licensors and its suppliers. Except as expressly authorized by Us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.
IV. Digital Millennium Copyright Act.
It is Absolutely our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act otherwise known as the (“DMCA”). Echoframe.live will promptly terminate any User's access without notice, to the Echoframe.live Service if the User is determined by Echoframe.live Staff to be a repeat offender.
If you are a copyright owner or, a authorized agent thereof (the “Copyright Owner”) and may have reason to believe that content on the Echoframe.live Service infringes upon your copyrights, you may submit a notification pursuant to:
Title 17, United States Code, Section 512(c)(3), the DMCA.
This notification of a claimed infringement must be in the form of a written communication provided to the designated agent of Echoframe.live that includes the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(3) 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 Echoframe.live to locate the material in question.
The Echoframe.live registered designated copyright agent to receive notifications of claimed infringement is:
Mr. John Paul Leger.
His contact information is as follows: John Paul Leger Echoframe Media LLC. 8335 Fairmount Drive, Denver CO 80247.
Please email Business Affairs with your inquiry.
V. Echoframe.live Service Licensing Grant.
Echoframe.live enables the following:(1) certain users referred to herein as “Broadcasters” to distribute and display streaming live videos (“Echoframe.live Performances”) and to distribute, post and display textual and photographic comments (“Broadcaster Comments”) and personally identifiable information commonly known as “name and likeness” (“Broadcaster Name and Likeness”)
(2) certain users referred to herein as “Viewers” to view the Echoframe.live Performances and create textual and photographic comments (“Viewer Comments”). For the avoidance of doubt, Broadcasters and Viewers do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Any Echoframe.live Performances, Broadcaster Comments, Broadcaster Name and Likeness, Viewer Comments together with all other videos, sounds, files, images, photos, text, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the Echoframe.live Services by Broadcasters and Viewers are collectively referred to as “User Submissions".
If you sign up for user account, subject to your compliance with the terms and conditions set out in this Terms of Service, We hereby grant to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use Our Service for the distributing of User Submissions User Submissions are streamed, stored and distributed at your own risk.
We are not under any obligations to protect User Submissions, We cannot guarantee that there will be no unauthorized copying or distribution of any User Submissions nor will Echoframe.live be liable for any copying or usage of the User Submissions not authorized by Echoframe.live
VI. Broadcaster and/or Viewer Content Licensing Grant; Representation and/or Warranties.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(A) you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions (except for public performance rights in those musical compositions that are licensed by:
Broadcast Music, Inc., The American Society of Composers, Authors and Publishers or SESAC, Inc. (the “PROs”)
to use and to authorize Echoframe.live and all Users to use your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Echoframe.live, the Terms of Service and the Broadcaster Agreement; (B) your User Submissions do not and will not:
(1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
(2) slander, defame, or libel any other person;
(3) contain any viruses, adware, spyware, worms, or other malicious code.
For the avoidance of doubt, Echoframe.live will pay all royalties associated with the public performance of those musical compositions licensed by the PROs.
You retain all of your ownership rights in your User Submissions.
However, you hereby, through, distributing or disseminating User Submissions through the Echoframe.live Services, grant to Echoframe.live and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, in order to publish and promote such User Submissions in connection with services offered or to be offered by Echoframe.live. Such a license will apply to any/all forms, media, or technologies now known or hereafter developed.
For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.
Echoframe.live may rely on advertisers to help fund the Echoframe.live Service.
You agree that Echoframe.live may display advertisements and promotions of all kinds in and with the Echoframe.live Service. You understand that Echoframe.live may have agreements with other Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by Echoframe.live related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Echoframe.live Service. Echoframe Media will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting The Echoframe.live Brand and the Echoframe.live Service.
By distributing or disseminating User Submissions through the Echoframe.live Service, you hereby grant to each user of the Echoframe.live Service that is authorized to access your User Submissions a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions.
VII. Usage of User Submissions on through the Echoframe.live Services.
You understand that when using the Echoframe.live Service, you will be exposed to User Submissions from a variety of sources, and that Echoframe.live is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content.
You further understand and acknowledge that you may be exposed to User 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 Echoframe.live with respect thereto. Echoframe.live does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Echoframe.live expressly disclaims any and all liability in connection with the User Submissions.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ECHOFRAME.LIVE WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD ECHOFRAME.LIVE, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE ECHOFRAME.LIVE SERVICE.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Echoframe.live Services.
User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Echoframe.live Services or otherwise as prohibited under the Terms of Service. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Echoframe.live Services.You agree not to circumvent, disable or otherwise interfere with security-related features of the Echoframe.live Services or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of the Echoframe.live Services or the User Submissions therein.
You understand that all purchases of tangible items (e.g., gifts, merchandise) sold on through the Echoframe.live Services are final and non-refundable, except, in our sole and absolute discretion and are a limited license to view Echoframe.live Performances and purchase other virtual or tangible items and are not a cash account or equivalent.
Further, in Echoframe.live's sole discretion, accounts that are either unused or have been used only once for a period greater than six (6) months may be terminated. Please note that the Terms of Sale is incorporated herein by reference.
VIII. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:Use the Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Service as such services are offered by Echoframe.live.
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials.
Post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content.Assume a misleading or false identity in connection with your User Submissions.
Post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
Post, upload, or distribute any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Echoframe.live Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Echoframe.live Service, or perform any other similar fraudulent activity. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service.
This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.Use of the Echoframe.live Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
Defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Echoframe.live Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Echoframe.live Service or User Submissions.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Echoframe.live Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Modify, adapt, translate or create derivative works based upon the Echoframe.live Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Intentionally interfere with or damage operation of the Services or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. Use any robot, spider, scraper, or other automated means to access the Echoframe.live Service for any purpose or bypass any measures Echoframe.live may use to prevent or restrict access to the Echoframe.live Service.
Manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Service; or interfere with or disrupt the Echoframe.live Service or servers or networks connected to the Echoframe.live Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
IX. Account.
If and When you use the Echoframe.live Service to upload and/or download or purchase content or any products, services, or information from us, you may be asked to provide a password/access code.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You agree that the information you provide to Echoframe.live on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you have reason to believe that your account is no longer secure, then you agree to immediately notify Us.
You may be liable for the Data Usage by Echoframe.live Servers, any losses incurred or others due to any unauthorized use of your Echoframe.live Service account.
X. Third-Party Sites, Products and/or Services, & Links.
The Echoframe.live Service may include links or references to other Web sites or services to Users (“Third Party Sites”).
Echoframe Media does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites.
In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Echoframe.live Service are solely between you and such advertiser.
Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
XI. Termination; Terms of Service Violations.
You agree that Echoframe.live, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Echoframe.live or your use of the Service and remove and discard all or any part of your account, user profile, and any User Submissions, at any time. We may also in our sole discretion and at any time discontinue providing access to the Echoframe.live Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Echoframe.live will not be liable to you or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies we may have at law or in equity.
Your only remedy with respect to any dissatisfaction with the Echoframe.live Service, any term of the Terms of Service, any policy or practice of Echoframe.live in operating the Echoframe.live Service, or any content or information transmitted through the service, is to terminate the Terms of Service and your account. You may terminate the Terms of Service at any time by discontinuing use of any and all parts of the Echoframe.live Services.
XII. Indemnification.
You agree to indemnify, save, and hold Echoframe.live, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Echoframe.live Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Echoframe.live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Echoframe.live, and you agree to cooperate with Echoframe.live's defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
XIII. Disclaimers;
No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECHOFRAME MEDIA, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE ECHOFRAME.LIVE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION XIII, THE TERM ECHOFRAME.LIVE INCLUDES ECHOFRAME MEDIA OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ECHOFRAME.LIVE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ECHOFRAME.LIVE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Service Operation and User Submissions.
ECHOFRAME MEDIA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy.
ECHOFRAME MEDIA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ECHOFRAME.LIVE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ECHOFRAME.LIVE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Uploaded Content.
THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY ECHOFRAME MEDIA HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Internet Interruption and Web Site Contamination.
ECHOFRAME MEDIA IS NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO THE ECHOFRAME.LIVE WEB SITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’ S CONTENT UPLOADED ONTO THE ECHOFRAME.LIVE WEB SITE. ECHOFRAM MEDIA IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’ S REPUTATION THAT MAY RESULT.
XIV. Limitation of Liability and Damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ECHOFRAME MEDIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ECHOFRAME.LIVE, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages.
IN NO EVENT WILL ECHOFRAME MEDIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ECHOFRAME.LIVE SERVICES OR YOUR INTERACTION WITH OTHER ECHOFRAME.LIVE SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ECHOFRAME.LIVE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ECHOFRAME MEDIA AND RECEIVED THROUGH OR ADVERTISED ON THE ECHOFRAME.LIVE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT ECHOFRAME MEDIA HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ECHOFRAME MEDIA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE ECHOFRAME.LIVE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
XV. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations).
The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms of Service are contingent on your compliance with this provision.
XVI. Miscellaneous
Notice.
We may provide you with notices by email, regular mail or postings on the Echoframe.live Service. Notice will be deemed given twenty-four hours after email is sent, unless Echoframe.live is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given 24 hours following the initial posting. Notwithstanding the foregoing, your continued use of the Echoframe.live Service after the posting of any changes to the Terms of Service constitutes your binding acceptance of such changes.
Prevention of Unauthorized Use.
Echoframe Media reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Echoframe.live Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Waiver.
The failure of Echoframe Media to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Any waiver of any provision of these Terms will be effective only if in writing and signed by Echoframe Media .
Governing Law.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law.
Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms of Service or Echoframe Media will be filed only in the state or federal courts in and for Denver County, Colorado, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability.
If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Echoframe Media without restriction.
Any assignment attempted to be made in violation of the Terms of Service shall be void.
Survival.
Upon termination of the Terms of Service, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.Headings.The heading references herein are for convenience purposes only, do not constitute a part of the Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.
Claims.
YOU AND ECHOFRAME MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. - Privacy Policy
Revised on January 25th, 2021.
In this Privacy Policy Echoframe Media LLC will be referred to as (“Echoframe.live,”“Echoframe,” “us,” or “we”) . We offer a live streaming service and online performance platform comprised of Custom Web sites,services, software applications, embedded players, and embedded Widgets referred to as (the“Echoframe.live Service”).
Echoframe Media values the privacy of the users, subscribers, publishers, members, and others who visit and use the
Echoframe.live Service (collectively or individually, “you,” “You” or “Users”).
This Privacy Policy explains what information of yours will be collected by Echoframe Media when you use the Echoframe.live Service, how the information will be used, and how you can control the collection, correction and/or deletion of information.
We will not use or share your information with anyone except as described in this Privacy Policy.
This Privacy Policy does not apply to information we collect by other means(including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy are defined in our Terms Of Service.
This Privacy Policy is incorporated into and is subject to Echoframe Media’s Terms of Service. By using the Echoframe.live Service, you expressly consent to the information handling practices described in this Privacy Policy.
Information We Collect
User-Provided Information.
You provide us information about yourself, such as your name and e-mail address, if you register for a User account with the Echoframe.live Service.
If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
We may also retain and display any messages you send through the Echoframe.live Service.
You may provide us information in user submissions you post, stream or include in the Echoframe.live Service (collectively “User Submissions”).
We may collect payment information, such as your credit card number and expiration date, where appropriate to process a financial transaction you have requested. We may also collect information from publicly available sources or through third parties.
Information About Your Use of the Echoframe.live Service.
In addition to the information you provide to us directly, we may collect information about your use of theEchoframe.live Service.
For example, we may collect:
Device information - such as your hardware model, IP address, other unique device identifiers, operating system version, and settings of the device you use to access the Echoframe.live Service.
Usage information - such as information about the Echoframe.live Service you use, the time and duration of your use of the Echoframe.live Service and other information about your interaction with content offered through a Service, and any information stored in cookies and similar technologies that we have set on your device.
For detailed information about our use of cookies, web beacons, and other technologies.
Location information - such as your computer’s IP address, your mobile device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to us when you use certain Echoframe.live Service.
Information From Third-Party Sources.
We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from our live support site if you connect to the live support on the Echoframe.live Service web site.
Other Information We Collect.
We also may collect other information about you, your device, or your use of the services in ways that we describe to you at the point of collection or otherwise with your consent. You may choose not to provide us with certain types of information, but doing so may affect your ability to use some of the Echoframe.live Service.
Cookies.
Cookies are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites.Cookies serve many useful purposes.
For example:Cookies can remember your sign-in credentials so you do not have to enter those credentials each time you visit a Service.
Cookies can help us and third parties understand which parts of our Services are the most popular because they help us see which pages and features visitors access and how much time they spend on the pages. By studying this kind of information, we are better able to adapt our Echoframe.live Service and provide you with a better experience.
Cookies help us and third parties understand which ads you have seen so that you don’t receive the same ad each time you access the Echoframe.live Service.
Most browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent.
If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies.
If you disable browser cookies, it may interfere with the proper functioning of the Echoframe.live Service.
Beacons.
We, along with third parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and third parties use beacons for a variety of purposes, including to analyze the use of our Echoframe.live Service and (in conjunction with cookies)to provide content and ads that are more relevant to you.
Local Storage & Other Tracking Technologies.
We, along with third parties, may use other kinds of technologies, such as HTML5 local storage, in connection with our Echoframe.live Service. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser.
Log File Information.
Log file information is automatically reported by your browser each time you access a web page. When you use the Echoframe.live Service, 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, referring/ exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information.
When you use the Echoframe.live Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Echoframe.live account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Echoframe.live better for our users.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Echoframe.live Service.
By providing Echoframe Media your email address you consent to our using the email address to send you:
Echoframe.live Service related notices, including any notices required by law, in lieu of communication by postal mail.
You also agree that we may send you notifications of activity on the Echoframe.live Service to the email address you give us, in accordance with any applicable privacy settings.
We may use your email address to send you other messages, such as newsletters, changes to features of the Echoframe.live Service, or special offers.
If you purchase a ticket for a Echoframe.live performance then we may share your email address directly with the artist.
You may opt-out of any artist communications by contacting the artist directly or contacting us at echoframemediallc@gmail.com.
If you do not want to receive such email messages, you may opt out using the opt out links contained in any of our emails.
Opting out may prevent you from receiving email messages regarding updates,improvements, or offers.
You may not opt out of Echoframe.live Service-related e-mails without first performing a full termination or deactivation of your account.
Following termination or deactivation of your account, Echoframe Media may retain your profile information and User Submissions for a commercially reasonable time for backup, archival, or audit purposes.
Furthermore, Echoframe Media may retain and continue to use indefinitely all information (including User Submissions) contained in your communications to other Users posted to public or semi-public areas of the Echoframe.live Service after termination or deactivation of your account.
Echoframe Media may use certain information about you and/or your User Submissions internally for purposes such as analyzing how the Echoframe.live Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
To Deliver Targeted Advertising.
We may use your information to facilitate the delivery of targeted ads, promotions, and offers to you, on behalf of ourselves and advertisers, on and off the Echoframe.live Service.
Echoframe Media reserves the right, but has no obligation, to monitor the User Submissions you post on the Echoframe.live Service.
We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Service, or to protect or defend our rights or property or those of any third party.
Echoframe Media also reserves the right to remove information upon the request of any third party.
We use cookies, clear gifs, and log file information to:
(a) remember information so that you will not have to enter it during your visit or the next time you visit the site;
(b) provide custom, personalized content and information;
(c) monitor the effectiveness of our Echoframe.live Service;
(d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns;
(e) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses;
(f) help you efficiently access your information after you sign-in;
(h) track User Submissions and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; (i)automatically update any Echoframe Media widgets or applications.
How We Share Your Information
The following provides information about entities with which we may share information.
Our practices vary depending on the type of information.
Business Partners.
We may share your information with business partners to provide you with services that you request.
For example, if you sign up for a promotion that runs on our Echoframe.live Service but that is sponsored or co-sponsored by another company, your information may be shared with that sponsor.
Echoframe Media is not responsible for the privacy practices of these entities.
Service Providers.
We may share information with vendors providing contractual services to us, such as hosting vendors, advertising service providers, and list managers. We also may share your information, including your payment information, as appropriate to process your payments for the Echoframe.live Service or complete a transaction.
Other Parties When Required by Law or As Necessary to Protect Our Users and Services.
We may share your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights,privacy, safety, or property of the Echoframe.live Service, our employees or agents or users or to comply with applicable law or legal process, including responding to requests from public and government authorities.
Third Parties that Provide Content,Advertising, or Functionality.
Some of the content, advertising, and functionality on our Echoframe.live Service may be provided by third parties, such as our advertisers.
These third-parties may collect or receive certain information about your use of the Echoframe.live Service, including through the use of cookies, beacons, and similar technologies, and this information may be combined with information collected across different websites and online services.
Other Parties in Connection With a Corporate Transaction.
We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party,such as in the event of a merger, acquisition, or in connection with a bankruptcy reorganization.
Otherwise With Your Consent or At Your Direction.
In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.
Aggregated Data.
We also may provide aggregated data about how users are using our Echoframe.live Service to third parties (including artists), including aggregated information relating to gender, age, and location.
Links to Third-Party Sites
Echoframe.live Service may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by other websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use. Except as otherwise described in this Privacy Policy, Echoframe Media will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Service, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and(c) to exercise or protect the rights, property, or personal safety of Echoframe Media, our Users or others.
Information That is Publicly Available.
When you create a Echoframe.live account, some information about your Echoframe.live account and your account activity may be provided to other users of Echoframe Media.
This may include the date you opened your Echoframe.live account, the date you last logged into your Echoframe.live account, your age (if you choose to make it public), the country and the number of videos you have watched.
Any content that you submit to Echoframe.live may be redistributed through the Internet and other media channels, and may be viewed by other Echoframe.live users or the general public.You may also choose to add personal information which may include your name, gender, profile picture or other details, that will be visible to other users.
If you choose to add certain features to your Echoframe.live account channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated and videos that you have uploaded.
Non-Personally Identifiable Information.
We may share non-personally identifiable information (such as anonymous usage data, referring/exit page sand URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Echoframe.live Services.
Echoframe Media may allow third-party ad servers or ad networks to serve advertisements on the Echoframe.live Service.
These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on Echoframe.live. They automatically receive your IP address when this happens.
They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.
Echoframe Media does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Echoframe Media to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
In addition, third-party advertisers and retailers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
The Echoframe Media Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.
How We Protect Your Information
Echoframe Media uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We cannot, however, ensure or warrant the security of any information you transmit to Echoframe Media and you do so at your own risk. Once we receive your transmission of information, Echoframe Media 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. Your privacy settings may also be affected by changes to the functionality of Echoframe Media’s distributors, such as social networks. Echoframe Media is not responsible for the functionality or security measures of any third party. To protect your privacy and security, we take reasonable steps (such as requesting a unique access code) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique credentials and account information,and for controlling access to your email communications from Echoframe Media, at all times.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, Echoframe Media will promptly notify those persons whose personal information has been compromised,
in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Echoframe.live Service, in which case Echoframe Media may not be able to provide certain services to you. You may update or correct your account information and email preferences at anytime by logging in to your account. You can review and correct the information about you that Echoframe Media keeps on file by contacting us directly.
Please email echoframemedia@gmail.com with your inquiry.
Children's Privacy
Protecting the privacy of young children is especially important. For that reason, Echoframe Media does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register as users. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on Echoframe Media. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, you may contact us directly. Please email echoframemedia@gmail.com with your inquiry.
Links to Other Web Sites
We are not responsible for the practices employed by websites linked to or from the Echoframe.live Service, nor the information or content contained therein. Please remember that when you use a link to go from the Echoframe.live Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website ,including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.
Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Echoframe.live Service, as determined by Echoframe Media in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on the Echoframe.live Service to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website,please contact us over email at echoframemedia@gmail.com with your inquiry. Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website ,including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding. - Broadcaster Agreement
Revised on January 25th, 2021.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACTIONS AS A BROADCASTER ON THE ECHOFRAME.LIVE SERVICES.
In this broadcaster agreement Echoframe Media LLC will be referred to as (“Echoframe.live,”“Echoframe,” “us,” or “we”) . We offer a live-streaming service and online performance platform comprised of Custom Web sites,services, software applications, embedded players, and embedded Widgets referred to as (the“Echoframe.live Service”).
This broadcaster agreement (this “Agreement”) for the Echoframe.live Service is a legal contract between you, an individual user of at least 18 years of age or a single entity (“you”, “User”, “user” or, collectively, “Users”, “users” or “Broadcasters”), and Echoframe.live regarding your use of the Echoframe.live Service.
The Echoframe.live Service allows certain users referenced as Broadcasters to distribute and display streaming live videos (“Echoframe.live Performances”) and to distribute, post and display textual and photographic comments (“Broadcaster Comments”) and personally identifiable information commonly known as name and likeness (“Broadcaster Name and Likeness”).
Echoframe.live Performances, Broadcaster Comments and Broadcaster Name and Likeness, together with all other text, files, images, photos, video, sounds, musical works, works of authorship, applications, preview clips and artwork created from Echoframe.live Performances, Broadcaster Comments and Broadcaster Name and Likeness (pursuant to this Agreement) or any other materials submitted, displayed, published, posted or transmitted through or on the Echoframe.live Services by Broadcasters are collectively referred to as “Broadcaster Submissions”.
I.The “Effective Date” of this Agreement is the date on which you agreed to Echoframe.live Service’s Terms of Service (the “Terms of Service”).
II. Incorporation by Reference.
Your use of the Echoframe.live Service is subject at all times to this Agreement and the Terms of Service.
The Terms of Service are hereby incorporated into this Agreement by reference. For information regarding how Echoframe.live collects, uses and discloses your personal information, please see the Echoframe.live Privacy Policy
III. Modification of this Agreement.
Echoframe.live reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time by posting amended terms to this Agreement. Echoframe.live will notify you when material changes are made to this Agreement. Please check this Agreement periodically for changes. Your continued use of the Echoframe.live Service after the posting of changes constitutes your binding acceptance of such changes.
IV. Broadcasters License Grant.
Although you retain all ownership in your Broadcaster Submissions, you hereby grant Echoframe.live a worldwide, perpetual, fully assignable, royalty-free right and license, with the right to sublicense as necessary to perform its obligations hereunder, to do the following.
(i) create preview clips and artwork from your Broadcaster Submissions and make available your preview clips and artwork via the Echoframe.live Service to users;
(ii) encode, transcode, compress or convert your Broadcaster Submissions into any format, any bit rate, and using any Codec now known or later developed;
(iii) store your Broadcaster Submissions on one or more servers in order to deliver Streams, display your Broadcaster Submissions to users and for routine archival purposes;
(iv) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses and biographical materials of you and all persons rendering services in connection with your Broadcaster Submissions, in connection with the Echoframe.live Services;
(v) edit, reproduce, distribute, publicly perform, stream, display, transfer and host your Broadcaster Submissions; and
(vi) publicly perform any musical compositions that may be embodied in the Broadcaster Submissions and that are not licensed by Broadcast Music, Inc., The American Society of Composers, Authors and Publishers or SESAC, Inc; and
(vii) edit and reproduce any musical compositions that may be embodied in the Broadcaster Submissions.Such rights and licenses will apply to any form, media, or technology now known or hereafter developed.
By distributing or disseminating Broadcaster Submissions through the Echoframe.live Service, you hereby grant to each user of the Echoframe.live Service that is authorized to access your Broadcaster Submissions a perpetual, personal, non-exclusive license to access and view your Broadcaster Submissions.
Echoframe.live will not be obligated to account and pay performance, mechanical or other royalties to you, all such sums being included in the Broadcaster Payment (as described in Article VII below).
In order for Echoframe.live to submit a report to Broadcast Music, Inc., The American Society of Composers, Authors and Publishers or SESAC of the compositions performed through the Echoframe.live Service, you agree that as soon as practical, following your Echoframe.live Performances, and in no event later than ten (10) days following any Echoframe.live Performance, you shall submit to Echoframe.live a list of the songs that you performed during each Echoframe.live Performance.
V. The Term.
The time period that this Agreement is in effect begins on the Effective Date and continues as long as you continue to use the Echoframe.live Service.
We can terminate this Agreement at any time by sending you a notice of our intention to terminate.VI. Data and Metrics. Echoframe.live is the sole owner of all data it observes or collects during or after the Term as part of providing the Echoframe.live Services.
VII. Broadcaster Payments.
Users may pay a fee to view your Echoframe.live Performances.
Subject to certain per-user minimums and subject to for-charity Echoframe.live Performances and limited time trials (in each case based upon the functionality of the Echoframe.live Service and incorporated herein), you may set the amount that a user pays to stream your Echoframe.live Performance. Additionally, you may dictate the manner in which Users pay (e.g. tipping, ticketing) based upon the available functionality of the Echoframe.live Services.
There are (2) two ways to sell your stream
1. You will maintain an account with Ticketspice.com connected to a proceeds account and be required to submit sales information/spreadsheets of account showing usage of Echoframe.live Performances and against which we will debit the Echoframe.live Agreed Fee payable by you to us (described in the foregoing sentence) and all expenses including, but not limited to broadcast costs, bandwidth costs, royalty payments, software fees, licensing fees, merchant and transaction fees, merchant reserves, returns, chargebacks, overhead and any applicable sales taxes. In consideration of Echoframe.live providing its services in connection with the Echoframe.live Services, Echoframe.live shall have the free right to deduct from the total amount of the proceeds derived from your Echoframe.live Performances a fee (the “Echoframe.live Fee”). The amount of the Echoframe.live Fee is dependent on the Total Gross Revenue from your Echoframe.live Performance. Artist agrees to the Echoframe.live Fee outlined in their applicable Performance Agreement
or
2.We will maintain an account with Ticketspice.com that is connected to a proceeds account with into which we will deposit proceeds derived from your Echoframe.live Performances and against which we will debit the Echoframe.live Agreed Fee payable by you to us (described in the foregoing sentence) and all expenses including, but not limited to broadcast costs, bandwidth costs, royalty payments, software fees, licensing fees, merchant and transaction fees, merchant reserves, returns, chargebacks, overhead and any applicable sales taxes. In consideration of Echoframe.live providing its services in connection with the Echoframe.live Services ,Echoframe.live shall have the free right to deduct from the total amount of the proceeds derived from your Echoframe.live Performances a fee (the “Echoframe.live Fee”). The amount of the Echoframe.live Fee is dependent on the Total Gross Revenue from your Echoframe.live Performance.
Artist agrees to the Echoframe.live Fee outlined in their applicable Performance Agreement During the Term, within ten (10) business days of your request, we will remit to you the money in your proceeds account, less applicable fees and expenses (as described herein); provided, however, that we will withhold payment until the total amount due to you is at least twenty-five dollars (US$25.00).
Notwithstanding the foregoing we reserve the right to withhold payment if we in good faith determine that additional documentation is necessary to make the payment (e.g. W-9 or identification).
You agree that you will be responsible for all taxes incurred as a result of the Broadcaster Payments.VIII. Miscellaneous.
The expiration of the Term of this Agreement will not relieve either party from their respective obligations incurred prior to or during the Term.
Accordingly, the provisions of this Agreement will continue to apply even after the expiration of the Term.
If we receive a claim that our distribution of your Broadcaster Submissions or any other materials provided or authorized by you violates any third party rights or if a claim arises from your breach or alleged breach of the representations, warranties, and covenants made by you herein, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers, contractors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim.
Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph. We will use reasonable efforts to promptly notify you of any such claim, and by obtaining, posting and maintaining an adequate bond for our benefit you may assume control of the defense of such claim, provided that we will have the right in all events to participate in the defense thereof.
Artist agrees to the
The expiration of the Term of this Agreement will not relieve either party from their respective obligations incurred prior to or during the Term.
Any assignment attempted to be made in violation of this Agreement shall be void.
This Agreement will be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
This Agreement will be governed and interpreted in accordance with the internal laws of the State of Colorado applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
Disclaimer of Liability:READ THE FOLLOWING CAREFULLY AS IT LIMITS OUR LIABILITY.The Echoframe.live Services are provided “AS IS,” without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
We shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your hardware, software, and business resulting from the Echoframe.live Services.
Additionally, you agree to indemnify, defend, and hold us harmless from and against anything including all losses or liabilities (including reasonable attorneys’ fees, costs, and expenses) arising out of any claims by any partner that relates to your withdrawal of your Broadcaster Submissions (such as claims alleging unfair business practices, or price discrimination).