Terms of Service

BY VISITING  https://www.echocinematics.com/  YOU ARE CONSENTING TO OUR TERMS OF SERVICE (the “Terms of Service”).

OVERVIEW

The terms “we”, “us”, and “our” refer to Echo Cinematics LLC (the “Company”).  The term the “Site” refers to https://www.echocinematics.com/ or The Echo Cinematics Website. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

On the Site we provide: tips and inspiration, as well as, Film and video education and tips. (the “Service.”)

Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service.  These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.

REFUSAL OF SERVICE

We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your request after payment has been processed, we will refund your money.

CONFIRMATION

We will email you to confirm the placement of your request on this Site to the email address provided at time of purchase.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

CHANGED TERMS

We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site.  If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

OUR PRIVACY POLICY

Please review our Privacy Policy located at ( insert link on echo site here)

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific Products /services provided by the Company giving rise to the claim or cause of action.  AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

ENTIRE AGREEMENT; WAIVER

The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

DIGITAL DOWNLOADS + FREE WORKSHOPS TERMS OF SERVICE

By accessing or purchasing any of Echo Cinematics LLC’s digital downloads or workshops, you and the Company agree to the following legal terms and conditions, without modification, and acknowledge reading them:

ACCESS TO PROGRAM

The Program(s) include, but are not limited, to course content, written content, recorded video and audio content (collectively, “Materials”).

The Program(s) may only be accessed by you – the individual who is the customer on record with the Company. You agree that the Program(s) and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.

Your access to the Program(s) will be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program(s).

ACCOUNT CREATION

In order to use the Program(s), you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide, including payment information, will always be accurate, correct and up to date.

OUR INTELLECTUAL PROPERTY

You agree that the Program(s) and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program(s) or the Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company.

Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program(s) and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program(s) and Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any of the Materials.

CUSTOMER FEEDBACK

You acknowledge that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program related forums or otherwise, for the purposes of marketing or promoting the Program(s).

LAWFUL PURPOSES

To access or use the Program(s), you must be at least 18 years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program(s) for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Program(s). You shall not post or transmit through the Program(s) any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

REFUSAL OF SERVICE

We reserve the right to refuse access to the Program(s) to any person or entity, without the obligation to assign reason for doing so. If you violate these Terms of Service, we reserve the right to immediately remove you from the Program without providing a refund.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided about or in the Program and Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

DISCLAIMER

By purchasing the Program(s), you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. The Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in our Program(s) is a promise or guarantee to you of future earnings.

THIRD PARTY RESOURCES

The Program(s) and Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer ACTUALLY paid to the Company for the Program(S).

ENTIRE AGREEMENT; WAIVER

The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

CHANGED TERMS

We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at http://www.echocinematics.com. Any use of the Program by you after an amendment is made means you accept these amendments.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Effective Date: October 2016 // Updated to be GDPR compliant on June 22, 2018