Last Updated: January 24, 2019.
This website (Herein referred to as “Site”) is operated by ECHO DIGITAL MEDIA (“Echo”) and its creators Tahoe 1 LLC & Valynteen Solutions, SRL (“Creators”). Throughout the Site, the terms "we", "us" and "our" refer to Echo and its Creators. Echo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
We provide all customers, visitors, users, members, contributors and others who access the Service (“Users”) with access to our platform that enables Users to create and manage the End Products (as defined below). These services can be provided through personalized or generalized designs, interaction services or content (collectively, the “Services”). By inputting any details, initiating a design process, or using any other content within our Site you confirm your obligation to comply with our Terms of Service, Privacy Policy and any other guidelines posted on the Site. For the sake of clarity, the Echo Privacy Policy serves as an integral part of this agreement.
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between Echo and you, the provisions and the terms of these Terms of Service will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Changes of the Terms
You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Intellectual Property
All generated logos, images, icons, text, descriptions, sound files, music files, vector files, videos and other generated content (“Blender Content”) are protected by copyright laws. Users may not use any of the Echo supplied images, icons, music files, sound files, logos, vector files, etc. without first obtaining a license from us. We assign to Users a limited or restricted use license to use the Blender Content at the time of purchase. We make backups of all Blender Content and regularly check whether they appear anywhere on the internet.
All Users agree that that any/all content provided by them to Echo have been assigned a license under Creative Commons CC0 1.0 Universal (CC01.0) Public Domain Dedication (https://creativecommons.org/publicdomain/zero/1.0/). All Users further represent and warrant that they are the lawful and rightful owners of the provided content or have the legal rights to provide assignment of the supplied content to Echo. Such content shall include but not be limited to the following: photos, images, icons, vector files, logos, videos, music files, sound files, etc. By uploading or supplying any content to the Site, you are confirming your legal and rightful ownership of said content and have assigned to the Site a license under CC01.
We retain the copyright and all associated rights to the original design. The purchased license allows you to use and display the Blender Content. The purchased license does not allow the user to sell, assign, or transfer rights to the original design.
The user acknowledges that no trademark, copyright or service marks are being conveyed under this license agreement. Furthermore, the user acknowledges that we have no obligation or duty to perform trademark, copyright or service marks searches to validate that the Blender Content is not infringing on any trademark, copyright or service marks. We encourage the user to perform their own independent searches.
The Echo platform contains Blender Content created and owned by Echo. Our platform also incorporates content commercially licensed under Creative Commons and obtained from sites such as Flickr, Pixabay, Pexels, Unsplash, Jamundo, SoundCloud, Openclipart, Iconfinder and others. The use of this content requires Echo to adhere to the specific licensing terms. Much of the content that we license commercially requires that we provide attribution. In simple terms, attribution means that we must provide credit to the original creation. Good attribution includes the Title, Author, Source and license type under which the content is used.
We fulfil our attribution requirements by incorporating the attribution into the content that we create (i.e. the video credits, YouTube Channel or video description, etc.). We go one-step further by publishing all attribution requirements for content used in production on our website called Media Credits currently located at broadcaster.beazil.net/public/credits/youtube/videos. We reserve the right at any time to change the location where our credits are published. Consequently, if you were to copy, use, redistribute, etc. without proper attribution any of the content not directly owned by us, you would be in violation of the terms and conditions under which the content had been licensed through Creative Commons.
Creative Commons (CC) is an internationally active non-profit organization that provides free licenses for creators to use when making their work available to the public. These licenses help the creator to give permission for others to use the work in advance under certain conditions. For additional information about Creative Commons licenses, please refer to the following: https://creativecommons.org/licenses/.
When you choose to contribute content that we will use in production of your advertising campaign, you are providing this content and assigning to us a Creative Commons License type of CC0 (“No Rights Reserved”). The assignment of the CC0 license type allows us to use the supplied content without any licensing restrictions. For additional information about the CC0 license type, please refer to Creative Commons: https://creativecommons.org/share-your-work/public-domain/cc0.
Our Platform
Echo provides an online portal or platform that assists clients in creating, managing and designing local (“geo-targeted”) advertising programs. Users in the dealer driven markets currently supported by the platform (i.e. HVAC, Tractor, Automobile, etc.) are able to:
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Locate their record in the system; review, edit and/or add to the Company information stored in the Echo platform;
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Choose one of our popular advertising packages or customize their own unique package
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Use their own social media account(s) or have Echo setup and manage geo-targeted social media accounts for them
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Select their geo-targeted locations for advertising
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Use our product branded subject videos
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Provide their own images of their Company employees, vehicles, jobs, signs, etc. or;
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Use our stock images and image templates with either dealer or manufacturer logos combined with their own unique Company information
Each dealer record in our system has been assigned a unique dealer identification number that can be used to access the dealer information. It is the responsibility of each dealer to carefully review and approve the information that will be used by Echo in the advertising campaign including but not limited to the following:
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Short Name – Echo requires the use of a short name (approximately 20 characters) to conform to certain template limitations in areas such as custom video thumbnails.
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Published Phone Number – Echo requires a single phone number to be indicated by the client that will be used in all video and image templates for advertising purposes
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Website & Social Links – Echo requires the client to confirm the Company’s website and/or social media site links as they will be used in the advertising campaign
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Logo – A client logo is a very important component of the advertising and branding campaign. The file size, type and resolution affect the quality of Echo’s production. Echo recommends that all client logos meet or exceed the following standards: (a) Recommended File Type is PNG file format. Although different file types such as JPEG, GIF and SVG may be accepted and used by Echo in production, PNG is the recommended file format; (b) 720 DPI is the recommended minimum resolution. Logos provided that are less than 720 DPI will result in a lower quality image and video production.
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Primary & Secondary Brands – Echo requires the client to confirm the primary and/or secondary brands that will be used in the advertising campaign
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Business Contact – Echo requires the client to provide the name, title and contact information for a business person with the appropriate authority required to approve the advertising campaign for the Company.
Third Party Terms
Any direct or indirect use of any social media network or other third party site through the Echo platform is subject to your consent of the legal terms of that site, such as their respective terms of use and privacy policy. For your convenience, listed below are some of the most used sites with links to their main terms below (most terms also have additional policies linked to within the main terms). Note that we endeavor to keep these links updated, but they are subject to change. Regardless, you agree to locate and abide by all the third party terms that apply to you.
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Google: https://policies.google.com/terms?hl=en
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Facebook: https://www.facebook.com/policies
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YouTube: https://www.youtube.com/yt/about/policies/#community-guidelines
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LinkedIn: https://www.linkedin.com/legal/user-agreement
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Twitter: https://twitter.com/en/tos
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Instagram: https://help.instagram.com/581066165581870
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Pinterest: https://policy.pinterest.com/en/terms-of-service
All Users of the Echo services acknowledge and agree that our use of the various social media networks listed above is subject to each respective third party site’s terms and conditions. The site owner may modify said terms and conditions time to time. Consequently, Echo’s services in distributing Blender Content across these social media sites may be adversely affected by some or all of the changes made to the site’s terms and conditions.
Satisfaction Guarantee
We will make reasonable efforts to insure your satisfaction with Services that you have purchased from us. The quality of the Services are impacted by the quality of the content that you provide to us such as your logo, images, icons, photographs, etc. It is also very important that you verify or supply if missing important information that you wish to use in your advertising campaign such as your company phone number, website address, social media accounts links, contact names or information, etc. You are required to review the information that we will use in your advertising campaign before beginning production. We reserve the right to correct any errors, mistakes, omissions, quality issues etc. within the first thirty days of production. While we have no formal legal obligation to do so as the responsibility is yours to insure the accuracy of your company information that will be used in production, we wish to insure your satisfaction with our Services.
You acknowledge and understand that we are subject to the terms and conditions of each social media site where your content may be distributed. In the event that one or more of these sites make changes to their policies which prevent Echo from posting some or all of blender content, we may provide the content directly to you for use on your own website or social media accounts. Alternatively, we may with your permission utilize the respective social media site APIs to post said content into your account(s) directly. The ability to do so would require you to allow us to obtain a refresh token from each respective site.
Refund
It is not our policy to issue any refunds. Since we wish to insure your satisfaction with the use of our Services, we may provide you with additional or alternate content and/or services that would be comparable in value to services either not rendered or services that were provided to you but where you were dissatisfied.
As indicated above, you are required to review and verify all information used by Echo in your production. The quality of our production may be affected by the file size, file type and quality of the content provided by you such as logos, icons, images, etc. Some examples of file type and size requirements are the following:
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Logos in JEPG file format rather than in PNG or SVG file formats and/or smaller than 720 X 720 pixels
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Photographs and images smaller than 1280 X 720 pixels
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Photographs and images that are out of focus; contain improper white balance; taken at night without proper light settings or the use of a high quality flash; taken in bad weather conditions, etc.
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Music or sound tracks that are inaudible or unclear; that have not been provided in either MP3 or WAV file formats
We may make reasonable efforts to inform about content quality issues that may affect your production. You are required to bring to our attention within thirty days of production any/all complaints. As previously indicated, we do not issue refunds but we may provide you with alternate content and/or services.
Co-Op Marketing Dollars
Some of the markets serviced by Echo employ cooperative advertising programs whereby the advertising costs are shared between a retailer (i.e. a dealer) or wholesaler (i.e. a distributor) and a manufacturer. Many manufacturers have a set amount of cooperative advertising funds available per year. The manufacturer may have to approve advertising campaigns or programs that are eligible for coop dollar rebate. Dealers and/or distributors may be required to meet or exceed certain sales quotas or thresholds before coop dollars would be available to said dealer or distributor. The manufacturer may require certain proofs to be provided to them demonstrating that the advertising program was successfully completed prior to providing any coop dollar rebates.
Echo’s products have been approved for co-op dollar rebates by certain manufacturers in the Heating, Ventilating and Air Conditioning (HVAC) and tractor markets. It is the responsibility of each Echo User to verify whether or not their industry and more specifically, each respective manufacturer within each industry, has approved the Echo products for co-op eligibility. Each User must also be aware of any unique or specific requirements (i.e. annual sales targets or quotas) that would affect their own eligibility for co-op dollar rebate.
Echo may undertake reasonable efforts to work with its Users to secure or obtain individual manufacturer co-op program approval; to meet specific manufacturer requirements such as reporting and compliance. Echo provides to its clients online dashboards reflecting activity associated with the advertising campaign or program. Activity reports are also provided upon completion of the program that can be sent to the co-op marketing partner.
While Echo may make reasonable efforts to assist its Users in meeting specific manufacturer requirements, it is the responsibility of each User to fully understand these requirements. It is also the responsibility of each User to obtain the co-op dollar rebates directly from the manufacturer upon completion of the advertising program. Co-op dollar rebates may not be used directly to satisfy contractual purchase requirements. Each User is responsible for meeting all contractual obligations.
Uploading Content to Echo
You agree not to submit User Content that:
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may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
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may create a risk of any other loss or damage to any person or property;
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seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
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may constitute or contribute to a crime or tort;
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contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
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contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
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contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
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contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
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contains any information or content that you know is not correct and current.
You agree and represent that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Echo reserves the right, but is not obligated, to reject and/or remove any User Content that Echo believes, in its sole discretion, violates these provisions.
You agree that that any/all content provided to Echo is assigned a license under Creative Commons CC0 1.0 Universal (CC01.0) Public Domain Dedication (https://creativecommons.org/publicdomain/zero/1.0/). All Users further represent and warrant that they are the lawful and rightful owners of the provided content or have the legal rights to provide assignment of the supplied content to Echo. Such content shall include but not be limited to the following: photos, images, icons, vector files, logos, videos, music files, sound files, etc. By uploading or supplying any content to the Site, you are confirming your legal and rightful ownership of said content and have assigned to the Site a license under CC01.
We retain the copyright and all associated rights to the original design. The purchased license allows you to use and display the Blender Content. The purchased license does not allow the user to sell, assign, or transfer rights to the original design.
You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own and be entirely responsible for all such User Content.
Note: If you upload images in a format that our platform does not support or recommend their use, Echo will not be held responsible nor assume any liability for this user error.
Third-Party Services
The Services may contain links to other websites that are not owned or controlled by Echo ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Violation
You may not use any of the services, including but not limited to image and video content, for any purpose until payment has been made. You may not use the generated logos for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Indemnification
The user agrees to indemnify, defend and hold us harmless from all liabilities, claims, expenses, damages and costs arising out of the use of the purchased logo.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Jurisdiction
These Terms will be governed by the laws of the State of New York, excluding its choice of law rules, and the United States of America, without reference to any conflict of laws provisions. Any dispute arising from or relating to the subject matter of these Terms will be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect. Judgment may be entered on the arbitral award in any court having jurisdiction. The arbitral award will be final and binding. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; and (iv) to enforce any decision of the arbitrator, including the final award.
Compliance With Laws
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
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