Effective Date: December 15th, 2019
Site Covered: www.echemusic.com
THE AGREEMENT: The use of
this website and services on this website provided by ECHE Music (hereinafter
referred to as “Company”) are subject to the following Terms &
Conditions (hereinafter the “Agreement”), all parts and sub-parts of
which are specifically incorporated by reference here. This Agreement shall
govern the use of all pages on this website (hereinafter collectively referred
to as “Website”) and any services provided by or on this Website
The parties referred to in this Agreement shall be defined as
a) Company, Us, We: The Company, as the creator, operator, and
publisher of the Website, makes the Website, and certain Services on it,
available to users. ECHE Music, Company, Us, We, Our, Ours and other
first-person pronouns will refer to the Company, as well as all employees and
affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website,
will be referred to throughout this Agreement with second-person pronouns such
as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the
Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed
this Agreement and that You agree to be bound by it. If You do not agree to be
bound by this Agreement, please leave the Website immediately. The Company only
agrees to provide use of this Website and Services to You if You assent to this
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result
of Your use of the Website or Services. Such information may include, but is
not limited to, documentation, data, or information developed by the Company,
and other materials which may assist in Your use of the Website or Services
(“Company Materials”). Subject to this Agreement, the Company grants
You a non-exclusive, limited, non-transferable and revocable license to use the
Company Materials solely in connection with Your use of the Website and Services.
The Company Materials may not be used for any other purpose, and this license
terminates upon Your cessation of use of the Website or Services or at the
termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the
Company are the property of the Company, including all copyrights, trademarks,
trade secrets, patents, and other intellectual property (“Company
IP”). You agree that the Company owns all right, title and interest in and
to the Company IP and that You will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Company.
a) In order to make the Website and Services available to You, You
hereby grant the Company a royalty-free, non-exclusive, worldwide license to
copy, display, use, broadcast, transmit and make derivative works of any
content You publish, upload, or otherwise make available to the Website
(“Your Content”). The Company claims no further proprietary rights in
b) If You feel that any of Your intellectual property rights have
been infringed or otherwise violated by the posting of information or media by
another of Our users, please contact Us and let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register
with Us. When You do so, You will choose a user identifier, which may be Your
email address or another term, as well as a password. You may also provide
personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not share
such identifying information with any third party, and if You discover that
Your identifying information has been compromised, You agree to notify Us
immediately in writing. Email notification will suffice. You are responsible
for maintaining the safety and security of Your identifying information as well
as keeping Us apprised of any changes to Your identifying information.
Providing false or inaccurate information, or using the Website or Services to
further fraud or unlawful activity is grounds for immediate termination of this
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful
purpose or any purpose prohibited under this clause. You agree not to use the
Website or Services in any way that could damage the Website, Services, or
general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any
person’s legal rights;
II) To violate any intellectual property rights of the Company or
any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,
hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us
with certain information. By using the Website or the Services, You authorize
the Company to use Your information in the United States and any other country
where We may operate.
a) Information We May Collect or Receive: When You register for an
account, You provide Us with a valid email address and may provide Us with
additional information, such as Your name or billing information. Depending on
how You use Our Website or Services, We may also receive information from external
applications that You use to access Our Website, or We may receive information
through various web technologies, such as cookies, log files, clear gifs, web
beacons or others.
b) How We Use Information: We use the information gathered from
You to ensure Your continued good experience on Our website, including through
email communication. We may also track certain aspects of the passive
information received to improve Our marketing and analytics, and for this, We
may work with third-party providers.
c) How You Can Protect Your Information: If You would like to
disable Our access to any passive information We receive from the use of
various technologies, You may choose to disable cookies in Your web browser.
Please be aware that the Company will still receive information about You that
You have provided, such as Your email address. If You choose to terminate Your
account, the Company will store information about You for the following number
of days: 730. After that time, it will be deleted.
The Company may sell goods or services or allow third parties to
sell goods or services on the Website. The Company undertakes to be as accurate
as possible with all information regarding the goods and services, including
product descriptions and images. However, the Company does not guarantee the
accuracy or reliability of any product information, and You acknowledge and
agree that You purchase such products at Your own risk.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security tools, data
mining or interference to any host, user or network.
10) DATA LOSS
The Company does not accept responsibility for the security of
Your account or content. You agree that Your use of the Website or Services is
at Your own risk.
You agree to defend and indemnify the Company and any of its
affiliates (if applicable) and hold Us harmless against any and all legal
claims and demands, including reasonable attorney’s fees, which may arise from
or relate to Your use or misuse of the Website or Services, Your breach of this
Agreement, or Your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
12) SPAM POLICY
You are strictly prohibited from using the Website or any of the
Company’s Services for illegal spam activities, including gathering email
addresses and personal information from others or sending any mass commercial
13) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or
other services. You agree that the Company is not responsible or liable for any
loss or damage caused as a result of Your use of any third party services
linked to from Our Website.
14) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice
to You, modify this Agreement. You agree that the Company has the right to
modify this Agreement or revise anything contained herein. You further agree
that all modifications to this Agreement are in full force and effect
immediately upon posting on the Website and that modifications or variations
will replace any prior version of this Agreement, unless prior versions are
specifically referred to or incorporated into the latest modification or
variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held
ineffective or invalid by any court of law, You agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to the
b) You agree to routinely monitor this Agreement and refer to the
Effective Date posted at the top of this Agreement to note modifications or
variations. You further agree to clear Your cache when doing so to avoid accessing
a prior version of this Agreement. You agree that Your continued use of the
Website after any modifications to this Agreement is a manifestation of Your
continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or
variations of this Agreement, You agree that such failure shall be considered
an affirmative waiver of Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
Parties with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
16) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to
perform maintenance or emergency services on a scheduled or unscheduled basis.
You agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Company shall have no liability
for any damage or loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for
any reason, with or without cause. The Company specifically reserves the right
to terminate this Agreement if You violate any of the terms outlined herein,
including, but not limited to, violating the intellectual property rights of
the Company or a third party, failing to comply with applicable laws or other
legal obligations, and/or publishing or distributing illegal material. If You
have registered for an account with Us, You may also terminate this Agreement
at any time by contacting Us and requesting termination. At the termination of
this Agreement, any provisions that would be expected to survive termination by
their nature shall remain in full force and effect.
18) NO WARRANTIES
You agree that Your use of the Website and Services is at Your
sole and exclusive risk and that any Services provided by Us are on an “As
Is” basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Company makes no warranties that the Website or Services
will meet Your needs or that the Website or Services will be uninterrupted,
error-free, or secure. The Company also makes no warranties as to the
reliability or accuracy of any information on the Website or obtained through
the Services. You agree that any damage that may occur to You, through Your
computer system, or as a result of loss of Your data from Your use of the
Website or Services is Your sole responsibility and that the Company is not
liable for any such damage or loss.
19) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as
a result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to the greater of one hundred ($100) US Dollars or
the amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
20) GENERAL PROVISIONS:
All communications made or notices given pursuant to this Agreement shall be in
the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or
Services, You agree that the laws of the State of Georgia shall govern any
matter or dispute relating to or arising out of this Agreement, as well as any
dispute of any kind that may arise between You and the Company, with the
exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following county: Muscogee, Georgia. The Parties agree that this choice of law,
venue, and jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising
out of this Agreement, the Parties shall first attempt to resolve the dispute
personally and in good faith. If these personal resolution attempts fail, the Parties
shall then submit the dispute to binding arbitration. The arbitration shall be
conducted in the following county: Muscogee. The arbitration shall be conducted
by a single arbitrator, and such arbitrator shall have no authority to add
Parties, vary the provisions of this Agreement, award punitive damages, or
certify a class. The arbitrator shall be bound by applicable and governing
Federal law as well as the law of the following state: Georgia. Each Party
shall pay their own costs and fees. Claims necessitating arbitration under this
section include, but are not limited to: contract claims, tort claims, claims
based on Federal and state law, and claims based on local laws, ordinances,
statutes or regulations. Intellectual property claims by the Company will
not be subject to arbitration and may, as an exception to this sub-part, be
litigated. The Parties, in agreement with this sub-part of this Agreement,
waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned, sold,
leased or otherwise transferred in whole or part by You. Should this Agreement,
or the rights granted hereunder, by assigned, sold, leased or otherwise
transferred by the Company, the rights and liabilities of the Company will bind
and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts
and sub-parts will be enforced to the maximum extent possible. In such
condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER:
In the event that We fail to enforce any provision of this Agreement, this
shall not constitute a waiver of any future enforcement of that provision or of
any other provision. Waiver of any part or sub-part of this Agreement will not
constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not
affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture
has been created between the Parties as a result of this Agreement. No Party
has any authority to bind the other to third parties.
MAJEURE: The Company is not liable for any failure to perform due to causes
beyond its reasonable control including, but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of
nature and natural disasters, and other acts which may be due to unforeseen
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted
to both Parties under this Agreement, including e-mail or fax. For any
questions or concerns, please email Us at the following address: