Eko Studio Terms of Service

Eko Studio Terms of Use Agreement

 

PLEASE READ THE TERMS CAREFULLY.  IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS, PLEASE DO NOT USE EKO STUDIO.

The following constitutes the Eko Studio legal terms of use (the “Agreement”):

Interlude US, Inc. and its affiliates (“Interlude”, “we”, or “us”) provide the following creation studio, enabling entertainment creators to develop creative ideas, transform their creative ideas into interactive experiences using certain online tools and resources, and share and distribute such interactive experiences  (“Eko Studio Tools“) as well as certain services provided by us, such as training, mentoring and support services related therewith (the ” Eko Studio Services“, and collectively, “Eko Studio”).

 

1. Who May Use the Eko Studio

 

By using Eko Studio, the Eko Studio Tools and/or Eko Studio Services, you represent and warrant that you are over the age of 13 and that your use of the above does not violate any applicable law or regulation, and you acknowledge that the above were not intended for children under 13 years of age.

 

2. License to Use Eko Studio

 

Once you become a registered user of Eko Studio and become a member of the Eko Studio community by opening an account (a “Eko Studio Account”), you will be granted with a limited, non-exclusive license to use Eko Studio Tools and certain Eko Studio Services, as further described below. This includes the right to create, conceptualize, tailor and customize your own interactive experiences, using our Eko Studio Tools, and certain Eko Studio Services offered via the Eko Studio (“Video Projects“), and also upload, post, transmit, create, conceptualize, tailor and customize certain creative content which may also include creative development (e.g.: footage, video clips, graphics, start/end screen images, buttons, designs, concepts, ideas, formats, scripts, storyboards, treatments, art, etc.) (“Creator Generated Content“), as well as to use certain templates, and training videos and workshops owned and offered by us which we have made available for you to start learning how to work with the Eko Studio Tools (“Templates“, and “Tutorials”, respectively), and to transform the Creator Generated Content into Video Projects created by you.  This license is personal to you and may not be assigned or sublicensed to anyone else.  Once you finalize and choose to publish your Video Projects, you may receive an embeddable code which would allow you to publish the Video Projects on various media channels, such as your social media page or personal website, provided that you have all necessary authorizations, permits and rights to publish the Video Projects on such location.  End users may view and interact with your Video Projects, subject to the terms of the Player Terms of Use.

 

3. Joining the Eko Studio Community

 

In order to join the Eko Studio community of creators, you must become a registered user of Eko Studio and open a Eko Studio Account, and must first provide us with either your email address (in such case you will be required to choose a password in order to access your Eko Studio Account) or your social media network credentials (such as Facebook/Google login details) if applicable. You must provide us with accurate, complete and updated information, and promptly notify us of any changes to such information.  

 

You are solely and fully responsible for all activities that occur under the use of your Eko Studio Account or under your name as a user. You must maintain the confidentiality of your Eko Studio Account information and restrict others from using your Eko Studio Account. If you become aware of any unauthorized access to your account, you must change your password (where applicable), and notify us immediately.

 

If you would like to close your Eko Studio Account and discontinue using Eko Studio or any of the Eko Studio Tools and Eko Studio Services offered via Eko Studio, as well as remove any of the Creator Generated Content and/or Video Project(s), you may contact our support team for information.

 

4. Eko Studio Content

 

You understand that when using the Eko Studio Tools and/or Eko Studio, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.  You further understand and acknowledge that you may be exposed to content that is 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 us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Interlude, its owners, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of Eko Studio, the Eko Studio Tools, and the Eko Studio.

 

5. Licenses Granted by You

 

You retain all property rights in and to your Creator Generated Content and your Video Project(s), and the use of the Eko Studio and the any of the Eko Studio Tools and Eko Studio Services available thereunder does not, by itself, transfer to us any intellectual property rights in and to the Creator Generated Content and/or the Video Projects, but rather grants us with the irrevocable, perpetual, limited, worldwide, exclusive, royalty free license, and right to use, copy, publish, broadcast, transmit, distribute, monetize, publicly perform and display, make publicly available, and make derivative works of your Creator Generated Content and/or Video Projects, with or without consideration, for the purposes of (i) providing the Eko Studio Tools and the Eko Studio Services to you on any media formats and through any media channels (which is now known or hereafter created);  (ii) allowing other end users to view, interact with and share the Video Projects; (iii) promoting and marketing our Eko Studio Services and any other services related to us; and (iv) otherwise in connection with our business as currently conducted or as shall be conducted in the future, including, without limitation, for monetizing and redistributing the Creator Generated Content and/or Video Projects.

 

6. Interlude Proprietary Rights

 

As between you and us, we are and will remain the sole and exclusive owners of any and all intellectual rights in connection with Eko Studios, Eko Studio Tools and Eko Studio Services, including, without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, guides, manuals, specifications, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos, whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (collectively, “Intellectual Property”). Other than as explicitly stated under the terms of this Agreement, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without our prior written permission.

 

7. Eko Studio Restrictions of Use

 

You may not, and may not permit or aid others to: (a) use Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (b) upload, post, display, e-mail, or otherwise transmit or distribute (“Make Available”) anything that is unlawful, harmful, threatening, tortious, defamatory, libelous, harassing, vulgar, obscene, invasive, of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable;  (c) Make Available any materials that infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other forms of intellectual property or other similar rights of any party; (d) alter, damage, or delete any content or other communications that are not your own, or to otherwise interfere with the ability of others to access or use Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services; (e) interfere with or disrupt Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services, or servers or networks connected to Eko Studio, the Site, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services, or disobey any requirements, procedures, policies, or regulations of networks connected with Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services; (f) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services and its underlying materials and data; (g) use any data mining, robots, spiders, rovers, scrapers, or other data gathering and extraction methods in connection with Eko Studio, the Eko Studio, the Eko Studio Tools, and the Eko Studio Services; (h) modify, reverse engineer, decompile or disassemble any part of the Eko Studio Tools and the Eko Studio Services; (i) violate the right to privacy of any third party without her/his consent (including in any of the Creator Generated Content); (j) infringe any of our intellectual property rights; (k) defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise violate the legal rights of others; or (l) link any Creator Generated Content and/or Video Project to any property or third party application, service, product or process that: (i) is intended to permit unauthorized access to or otherwise infringe the rights in audio, visual and/or audio-visual content; or (ii) is predominantly used for such purpose; or (iii) is advertised as being capable of use for such purpose (for example, but not limited to, any stream-ripping service or P2P music file sharing service); or conduct any unlawful activity through the use of the Eko Studio and any of the Eko Studio Tools and the Eko Studio Services available thereunder. All rights not expressly granted by us are reserved.

 

8. Interlude’s and Third Party Advertisements

 

Certain features provided through the Video Projects may contain pre-roll video advertising, as well as other forms of advertisements around, on or in the Video Projects, either on behalf of ourselves and our affiliates, (“Interlude Advertisements”) or on behalf of third parties (“Third Party Advertisements“, and, together with Interlude Advertisements, the “Advertisements”).

 

With respect to Third Party Advertisements, you hereby acknowledge that such Third Party Advertisements belong to third parties and that we have no control over such third parties. You further acknowledge and agree that we are not responsible for any services, content, advertisements, products, or any materials on or available from said Third Party Advertisements.

 

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Advertisements. If you do encounter any unlawful Advertisement, you may wish to report such content to us using the following address https://interlude.fm/company/contact. We will examine your report within a reasonable timeframe, but we cannot commit to removing any Advertisement.

 

9. Monetization Revenues

 

In the event we, at our sole option, elect to monetize your Video Project(s) pursuant to the Agreement, Interlude shall notify you in writing of its election and provide you with the terms of its Creator Partnership Program.

 

10. Term and Termination

 

This Agreement is effective as of the date in which you have opened an account with Eko Studio and started to use any of the Eko Studio Tools and Eko Studio Services, and shall remain in full force and effect for so long as you use the any of Eko Studio Tools and Eko Studio Services in accordance with this Agreement.

 

You may delete your account at any time. If you would like to delete your account and discontinue using Eko Studio, as well as remove any of your Creator Generated Content and/or Video Project(s), you may contact our support team.

 

We may terminate, delete or disable your account, block or suspend your access to Eko Studio and to any of the Eko Studio Tools and/or the Eko Studio Services, or immediately remove and delete any Creator Generated Content you have submitted and any Video Projects you’ve created if we suspect that you have breached any of the provisions of this Agreement.  Moreover, your account may be terminated or suspended at any time, in Interlude’s sole discretion for any reason.

 

Upon termination, all licenses granted by us to you shall terminate, and any Creator Generated Content and Video Projects you have created may no longer be available. We are not liable for any damages, loss or costs you may suffer due to loss of the Creator Generated Content and Video Projects files stored on our servers. Notwithstanding, all licenses granted by you to us under this Agreement in and to the Creator Generated Content shall survive termination and shall remain in full force and effect, including the right to use, copy, publish, broadcast, transmit, distribute, monetize, publicly perform and display, make publicly available, and make derivative works of your Creator Generated Content and/or Video Projects for the purposes set forth under this Agreement.

 

11. Digital Millennium Copyright Act Policy 

 

If you believe that content available on or through the Interlude US, Inc. (“Interlude”), website located at www.interlude.fm and/or www.helloeko.com, or available on or through our mobile app (collectively, the “Website”) infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below to our DMCA Agent by mail or email using the contact information provided below. Please provide the actual link to any material that you wish to identify to allow us to quickly locate and address the file(s) at issue.

 

Interlude will in its discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the account and/or access rights of repeat infringers.

 

In addition, Interlude will send a copy of a DMCA Notification to the user, who may submit acounter notification (a “DMCA Counter Notification”) that could result in restoring content removed in response to a DMCA Notification.

 

All notifications must be sent to our DMCA Agent at:

Interlude US, Inc.
Attn.: Jonathan T. Sacks
235 Park Avenue South, 6th Floor
New York, NY 10003
Phone: (646) 783-4996
Fax: (646) 219-3728
Email: copyrights@interlude.fm

 

DMCA Notifications From Copyright Owners

 

All DMCA Notifications must include the following:

 

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of the works at that site.
  • 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 us to locate the material (such as a URL for the webpage for where the material is posted).
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A copy of your DMCA Notification will be sent to the person responsible for posting the material addressed in the DMCA Notification.

Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

 

DMCA Counter Notifications From Users

 

If you, the user, receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe that your content is not infringing or that you have authorization to use the material, you may in good faith respond to the claimed infringement by sending a DMCA Counter Notification to our Copyright Agent that includes:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted);
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Interlude may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you submit a DMCA Counter Notification, a copy of the counter notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.

Please note that sending a DMCA Counter Notification may not result in having your content restored on our services if the copyright owner chooses to file suit against you within ten (10) business days of receiving the counter notification.

 

12. Privacy

 

We respect your privacy and the privacy of the end users who will interact with your Video Projects and are committed to protect the information we collect when the Eko Studio and the Eko Studio Services are being used by you and by them.  We also believe that you have a right to know our practices regarding the information we collect as described below.Other than with respect to any personal information you have provided us in the process of opening your Eko Studio Account or through your use of Eko Studios and the Eko Studio Tools and Eko Studio Services available thereunder, we may extract, retrieve or otherwise collect non-personally identifiable information in connection with past, present and future end users’ patterns of usage of the Video Projects and selection of choices in the process of interactive viewing and play with certain features of the Video Projects (“User Interaction Data“). The User Interaction Data may be used solely for our, and our affiliates, internal research, development and marketing purposes.

 

Our full policy and practices and the type of information collected are described in our Privacy Policy, which is a part of this Agreement.

 

13. Indemnification

 

You agree to defend, indemnify and hold harmless us, our affiliates, subsidiaries, our and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of Eko Studio and the Eko Studio Tools and Eko Studio Services available thereunder; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any proprietary or intellectual property right and/or privacy right, whether contained in any of the Creator Generated Content and/or Video Projects or otherwise; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to Eko Studio and the Eko Studio Tools and Eko Studio Services available thereunder. This indemnification obligation will survive this Agreement.

 

14. Disclaimer/No Warranty

 

Eko Studio, and the Eko Studio Tools and Eko Studio Services available thereunder, are provided here on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose. We do not warrant that the use of Eko Studio and the Eko Studio Tools and Eko Studio Services available thereunder will be uninterrupted or error-free. We may correct, modify, amend, enhance, improve and make any other changes to Eko Studio and the Eko Studio Tools and Eko Studio Services at any time. For the avoidance of doubt, we have no obligations whatsoever to furnish any maintenance and support services with respect to Eko Studio and the Eko Studio Tools and Eko Studio Services available thereunder, or any Video Projects, Tutorials, Templates, or Creator Generated Content.

 

We make no representation regarding the suitability of Eko Studio, the Eko Studio Tools and/or the Eko Studio Services, and any of the Templates, Tutorials, Creator Generated Content and/or Video Projects, and disclaim all warranties and conditions with regard to the use of Eko Studio, the Eko Studio Tools, the Eko Studio Services, Templates, Tutorials, Creator Generated Content and/or Video Projects.

 

We do not warrant nor guarantee that any content provided through Eko Studio, and the Eko Studio Tools and Eko Studio Services, including, but not limited to any Creator Generated Content, Templates, Tutorials and/or Video Projects shall be lawful, legitimate, appropriate, or presented in a respectful manner, and assume no liability, with respect to such content.

 

15. Limitation of Liability

 

To the fullest extent permitted by law: (a) we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (b) our total liability to you shall not exceed $10 (USD). Take note that Interlude is in the business of creating, developing and commercially exploiting material relating to a variety of projects.  Material that we develop or control might have similar elements to material developed by others, including unsolicited material submitted to us through this web site.  Any coincidental similarities between unsolicited material submitted to us and our material that is developed independently of that unsolicited material will not entitle any submitter of such unsolicited material to any compensation or other rights in respect of our material.

 

16. General Provisions

 

This Agreement shall be construed and governed in accordance with the laws of the State of New York, regardless of its conflict of laws rules. The applicable courts in New York shall have sole and exclusive jurisdiction over any dispute under this Agreement or otherwise related to Eko Studio, and the Eko Studio Tools and Eko Studio Services available thereunder.

 

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

 

The failure of either party to enforce at any time any of the provisions of this Agreement will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of this Agreement will not constitute a waiver of any future obligation to comply with such provision.

 

By registering as a member of the Eko Studio community, creating an account, or by using any of the Eko Studio Tools and Eko Studio Services in any way, you accept and agree to be bound by all the terms and conditions of the Agreement. If you do not agree to any of the terms and conditions of the Agreement, do not use any of the Eko Studio Tools and Eko Studio Services offered via Eko Studio.

 

17. Contact

 

You can review the most current version of the Terms at any time at https://helloeko.com/about/legal/eko-studio-terms-of-service. If you have any comments or questions about the Agreement, or if you wish to report a violation of this Agreement, please contact us by email at support@interlude.fm.