Terms of Use
Date Last Revised: October 15, 2026
1. Introduction
Welcome to the EchoVizion Terms and Conditions of Use (the “Terms of Use”), which incorporate by reference the Privacy Policy available at /privacy, the Copyright Policy available at /ip-policy#copyright, and all other operating rules, policies and procedures that may be published from time to time on the website, and any other terms you agree to (collectively, the “Agreement”). We operate as a marketplace where a musical artist (“Artist”) books a single visual artist or a team of visual artists (“Creative”) to complete a specific project or vice versa (a “Booking”). The Terms of Use are important, because they:
outline the legal rights of the Artist or Creative (“you” / “your”) concerning the service provided by EchoVizion, LLC (“we” / “us” / “our”) for accessing EchoVizion content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service and all Bookings (the “Service”);
explain the rights you give to us when you use the Service;
describe the rules that govern your use of the Service; and
contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration.
2. Booking Process and Rights Packages.
a. The current Booking Process is:
The Artist selects a Rights Package when creating a project for Booking.
The Creative sees the selected Rights Package before submitting a proposal for Booking and can price the project accordingly.
The proposal by a Creative shall describe what the Final Deliverables are, and any required conditions of usage;
The selected Rights Package, its applicable version, the Final Deliverables and any required conditions of usage become part of the accepted Booking.
The applicable Creative or Team, and each contributor who owns rights in a Final Deliverable, must accept the applicable license or copyright assignment, as applicable.
Any later change to a Booking or Rights Package requires a separately accepted change order and may require additional payment. EchoVizion currently includes a required Revision Expectations step when an Artist creates a project. The Artist selects one of three options: (1) Light Edits, which covers small changes such as text edits, minor cuts, and caption updates; (2) Standard Revisions, which includes five revision rounds by default. Creatives may charge for additional rounds, or (3) Open to Proposal, which allows the Creative to define the revision structure based on the project scope.
The selected option and any revision terms included in the Creative’s accepted proposal become part of the Booking. One revision round consists of one consolidated set of feedback submitted in response to a draft or version of a Final Deliverable. For Light Edits, the accepted Booking shall state the number of included rounds. For Open to Proposal, the Creative shall state the number of rounds, scope of revisions, and any additional revision pricing before the Artist accepts the proposal. Changes reasonably within the accepted concept, scope, and deliverables shall count as revisions. Requests exceeding the included revision structure or materially changing the concept, scope, deliverables, duration, format, location, production requirements, schedule, crew requirements, or Rights Package shall be treated as additional work requiring a separately accepted change order and may require additional payment. The revision process shall occur before the Artist’s final acceptance of the Final Deliverables.
The rights selected in a Rights Package are only valid after the following conditions are satisfied: acceptance of a Booking by a Creative or Team, completion of the project by the Creative or Team, acceptance of the Final Deliverables by Artist, full payment by all required parties. And satisfaction of any conditions required by the Creative or Team
Uploading or delivering a file alone does not activate any license or transfer any copyright ownership.
If the copyright in the Final Deliverables is being transferred from Creative to Artist, the Artist shall not be deemed the copyright owner until every required condition for the Booking has been satisfied.
b. Rights Packages. The current Rights Packages are:
Social & Digital. Creative grants Artist a perpetual, worldwide, royalty-free, exclusive license, with a right to sublicense, to the Final Deliverables in free social media content, including, but not limited to, like posts, stories, and videos, that Artist may share on social media platforms using native, unpaid tools; and paid advertising content, whether online or offline.
Broadcast and Traditional Media. Creative grants Artist a perpetual, worldwide, royalty-free, exclusive license, with a right to sublicense, to the Final Deliverables for usage in free social media content, including, but not limited to, like posts, stories, and videos, that Artist may share on social media platforms using native, unpaid tools; and paid advertising content, whether online or offline; and.in television commercials, network broadcasting, cinema or theatrical exhibition, billboards, signage, and other out of home media.
All Rights and Commercial Usage. Creative grants Artist full ownership to the Final Deliverables, including but not limited to all rights of copyright throughout the world. Creatives shall retain the right to include any Final Deliverables as part of their portfolio of work.
The Rights Packages may be modified, added to, or deleted at the sole discretion of Us. Any license granted under a Booking shall survive a user’s account termination. Creatives and Artists agree they waive throughout the world the benefit of any law, doctrine or principle known as "droit moral" or moral rights of authors or any similar law, doctrine or principle however denominated, to the maximum extent permitted in each applicable jurisdiction.
c. Final Deliverables. The license or transfer of copyright ownership of any content created under a Booking does not automatically include all content uploaded, created, or used during the Booking including, but not limited to raw footage, source files, editable files, confidential project materials, private project files, unused footage, rejected concepts, working materials, preexisting intellectual property, tools, templates, stock assets, music, fonts, software, or other third-party materials. It only includes the Final Deliverables expressly identified in the accepted Booking.
d. Each Creative agrees to treat all materials and content provided to them by Artist as confidential in nature (“Confidential Information”). Creative will take all reasonable precautions to safeguard the materials given to them by Artist. EchoVizion is not responsible and shall have no liability for loss, destruction, damage or unauthorized use by others of such materials. Creative shall keep confidential all Confidential Information and not disclose it to anyone other than representatives or advisers. Creative agrees to use the same degree of care that it uses to protect its own confidential information of a like nature from unauthorized disclosure, but in no event less than a reasonable degree of care. Creative may only use the Confidential Information only in connection with the Booking; Creative may not make any copies or reproduce in any form any Confidential Information. Without limiting the generality of the foregoing, Creative may not modify, reverse engineer, decompile, create other works from, or use in external AI training, the Confidential Information unless permitted in writing.
e. Ratings. Each Creative or Team shall be assigned a rating by us, These ratings are based on reviews submitted by Artists after verified, completed EchoVizion bookings. Artists will evaluate the Creative or Team based on the quality of the Final Deliverables, communication, timeliness, professionalism, and adherence to the accepted project brief. The displayed rating will be the aggregate of those verified reviews. Solo Creative ratings and Team ratings shall remain separate. EchoVizion may remove fraudulent or abusive reviews but will not independently assign the ratings.
f. Creative Teams.
A Creative can create a team profile and invite other Creatives (“Team Members”) to join their team (“Team”). Every Team Member shall retain their own independent Creative account and individual Creative profile. Joining a Team does not merge or eliminate a Creative’s individual account. A Team Member can still take solo projects independently from the Team. The Team has its own profile, portfolio, capabilities, reputation, and marketplace presence. The Team shall determine which Team Member will manage the Team (“Team Owner”). The Team Owner can invite other Team Members, submit Team proposals, select which Team Members will work on a Booking, assign milestones, assign Team Members to shoots, and manage the Artist relationship. Being a Team Member does not automatically give that Team Member access to every project the Team receives. Team Members only receive access to Bookings they are specifically assigned to by the Team Owner. Team Member access may include the Booking page, Booking chat, relevant files, assigned milestones, unreleased music, and specific shoots. Team Members who are not assigned to the Booking cannot see that information.
When a Team Owner submits a proposal it shall identify the expected Team Members and what each Team Member is expected to do. The Team Owner may make reasonable personnel changes at their sole discretion. Artist will be notified when a Team Member is replaced. For Team Members whose involvement materially influenced the Artist's decision to hire the Team, we may require Artist approval before the replacement becomes effective.
A Team Owner can invite an existing or potential User by email. No one will appear publicly as an active Team Member until they personally accept the invitation. Invitations currently expire after seven (7) days. The Team Owner may revoke an invitation while it is pending. The invitation will include: the invited user, the Team they are joining, the Team Owner; compensation terms for the Team Member, and any Team-specific participation terms. Declining the invitation prevent that Creative from Team membership.
Accepting an invitation records the date and time of acceptance, compensation terms for the Team Member, any Team-specific participation terms, and the required grant of authority to the Team Owner under the approved Team terms. Once accepted, the Team Member’s individual account remains intact and their membership in the Team becomes visible. If there are Team-specific legal terms a Team Member needs to accept when joining a Team, that acceptance will be included in the signup process. Each Team Member agrees that accepting Team membership for a Booking includes authorization by the individual Team Member to us and to the Team Owner to grant the rights required for the particular Rights Package associated with the Booking. Each Team Member further agrees that upon accepting a Team membership for a Booking, that Team Member grants and assigns to us and the Team Owner authorization to sublicense or assign to the Artist all rights, including copyrights, in all Final Deliverables rendered by that Team Member for that Booking,
The Team Owner is authorized to submit a proposal for Booking on behalf of the Team, communicate with the Artist, manage assignments, receive the Team's payment, and grant sublicenses for Team Members individual contributions.
When a Team Member is assigned to a specific role for a particular Booking, they shall complete a separate project acknowledgement before receiving access to the Booking. This project acknowledgement shall record: the specific Booking; the Team Member’s assigned role; the expected responsibilities and Final Deliverables of the Team Member; the Rights Package selected by the Artist; any confidentiality requirements for unreleased music or private files; the applicable Booking terms; and the date and time of acceptance. If the Team Member declines participation, the assignment shall not become active and the Creative shall not receive access to the Booking, including, but not limited to, project files, unreleased music, milestones, chat, or shoot information. Declining one Booking shall not automatically remove the Creative from the Team.
Resignation. A Team Member may resign from a Team at any time. Resignation of a Team Member ends their access to the Booking. Any Final Deliverables provided or created by the resigning Team Member shall remain attributed to them. If the resigning Team Member still had unfinished work, the Team Owner shall reassign the work to another Team member. For Team Members whose involvement materially influenced the Artist's decision to hire the Team, we may require Artist approval before the replacement becomes effective.
Removal of Team Member. We may remove a Team Member from a Team for any reason in our sole discretion. A Team Owner may also remove a Team Member from a Team for their failure to comply with milestones or other directives from the Team Owner, for a breach of these Terms of Use, or for behavior that the Team Owner reasonably believes is inappropriate, harassing, or otherwise illegal, Removal of a Team Member ends their access to the Booking. Any Final Deliverables provided or created by the removed Team Member shall remain attributed to them. If the Removed Team Member still had unfinished work, the Team Owner shall reassign the work to another Team member. For Team Members whose involvement materially influenced the Artist's decision to hire the Team, we may require Artist approval before the replacement becomes effective.
Team Ratings. When an Artist hires a Team, the rating belongs to the Team. It shall not automatically affect every Team Member's personal rating. A Team Member who genuinely participated in the completed Booking may show that project on their personal EchoVizion history as a credit with a particular Team and identify their role. The Team's numerical rating would remain with the Team. A Team Member who was never assigned to a role for a particular Booking would not receive that project as a credit.
3. Restrictions.
Pursuant to the Agreement, you agree to the following restrictions:
The Service is restricted to users who reside in the United States.
Until the Agreement expires or is earlier terminated in connection with these Terms of Use, you may access and use the Service as made available to you, as long as you comply with these Terms of Use and applicable law. Unless you accept a Booking, you may only view or listen to Content only for your personal, non-commercial use.
For purposes of these Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, sound recordings, musical compositions, podcasts, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from us and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with our robots.txt file; or (b) with our prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under clause (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase Content’s views, likes, or dislikes, or to increase subscribers for a particular area of the Service, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with our contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
post any Content that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by us.
directly, or indirectly, solicit, induce or attempt to induce any Artist or Creative that they have found, met, or introduced to, by Us to move Your Booking off Our platform.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Your password protects your user account, and you are solely responsible for keeping your password secure and confidential. You are responsible for all use (including any unauthorized use) of your username and password on the Service. If your account credentials are lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Violation of any restriction set forth in this Agreement is grounds to terminate or suspend your Account, and forfeit any fees already paid. All violation decisions are at our sole discretion.
4. Termination Without Cause.
We reserve the right to terminate your access to all or part of the Service, cancel your subscription and/or bar your further use of our website at any time without cause. If we terminate your subscription without cause, we will refund the sum you paid based on the percentage of the time of your subscription that has elapsed.
5. Termination With Cause.
We may suspend or terminate your access to all or part of the Service if (a) you materially or repeatedly breach these Terms of Use; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, us or our affiliates.
6. Disclaimer of Warranties.
OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OF USE OR AS REQUIRED BY LAW, THE MATERIAL ON THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICE, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOR EXAMPLE, WE, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS AND CONTENT PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL THE SOFTWARE AND TO STOP USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF SOURCE OF ORIGIN, OR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), REGARDLESS OF LEGAL THEORY, AND WITHOUT REGARD TO WHETHER ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED IN ANY EVENT TO THE AMOUNT, IF ANY, PAID BY YOU TO US FOR USE OF THE SITE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE. YOU HEREBY RELEASE THE RELEASED PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
YOU AGREE THAT ANY CLAIM AGAINST US MUST BE COMMENCED BY, TO THE EXTENT PERMITTED HEREIN, FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
8. Links.
The Service may contain links to third-party websites and online services that we do not own or control. We have no control over, and assume no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
9. Payments; Billing; Cancellation.
We take a 10% commission on Your successful Bookings, immediately upon payment by You. Each Booking can have different payment structures, including but not limited to milestones, a fixed price, or a 50/50 structure where part is associated with the start of the project and the remainder with delivery. Such payment structures are determined at the sole discretion of the Artist and Creative for each individual Booking.
We may offer the opportunity purchase a paid subscription from us either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period (“Pre-Payment Period”).
We may change the price for the paid subscriptions, including recurring subscription fees or the Pre-Payment Period (for periods not yet paid) from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect.
You may cancel your subscription at any time by going to [URL to cancel]. Once you cancel, your subscription will continue for the duration of the monthly billing cycle or Pre-Payment Period for which you have already paid. We do not issue partial refunds for unused time but following cancellation you will not be charged for future periods. If you pay by credit card, you grant to us permission upon registration to charge all fees incurred using your password to the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, including chargebacks, we may either suspend or terminate your account and all services under this Agreement and you will personally owe us any unpaid balance. Additionally, the grant of rights to any Artist under any Rights Package or Booking is expressly conditioned on our successful receipt all payments due under these Terms or any Booking.
All payments are processed and held by Stripe in accordance with their Terms of Use. We do not own or control Stripe and have no control over, and assume no responsibility for, payments processed through Stripe. All payments (minus our 10% commission) are held by Stripe during the Booking and only released when the Booking is completed or approved, as the case may be.
Cancellation: Artist shall receive a full refund if a Booking is cancelled before any work starts. After work starts, the Artist shall be responsible for paying for all completed/in-progress milestones and shall receive a refund of the remainder. If the Creative cancels, the Artist shall be refunded all unreleased funds and the creative forfeits payment for unapproved work.
Refunds: Issued from escrowed funds only. Once a milestone is approved and released, a refund requires the Creative’s consent or a dispute decision. Platform fees are refunded only where the Creative failed to deliver.
Disputes/holds: Either party can open a dispute before the release of escrowed funds. Once a dispute is initiated, the funds are frozen, and both sides shall submit evidence within five (5) business days. The platform shall make a binding decision whether to release, refund, or split the funds. That decision shall be deemed final.
Failed milestones: A milestone shall be deemed to fail if deadline is missed after a [X]-day cure period, or if it’s rejected after [X] revision rounds. No payout shall be made and no license shall be granted for any failed milestone; Any earlier paid milestone licenses shall remain in effect.
Team Payouts: We pay only the Team Owner, who is solely responsible for paying all Team Members. The platform has no liability to any Team Member for any payments whatsoever.
Completed/Approved: Once the Final Deliverables for a Booking have been remitted by the Creative. The Creative marks it delivered, then the Artist shall approve or deny within [X] days. If no approval or denial occurs within that time period, the Final Deliverables shall be automatically approved. Approval triggers the release of escrow funds , and triggers the applicable license going into effect.
10. Our Content; Use of Your Content.
In consideration for the rights granted to you under the Agreement, you grant us the right to provide advertising and other information to you and to allow our business partners to do the same. Some Content licensed by, provided to, created by or otherwise made available by us may contain advertising as part of the Content. The Service makes such Content available to you without modification.
Our Privacy Policy /privacy explains how we treat your personal data and protect your privacy when you use the Service.
If you provide feedback, ideas or suggestions to us in connection with the Service or Content (“Suggestions”), you acknowledge that the Suggestions are not confidential and you authorize us to use the Suggestions without restriction and without payment to you. Suggestions are considered a type of User Content.
We may enable features for you to post, upload, or otherwise contribute content to the Service, which may include, for example, pictures, music, photographs, videos, text, messages, information, playlist titles, descriptions and compilations, visual art, audiovisual materials, logos, reference materials, brand assets, and/or other types of content (collectively, “User Content”).
You promise that, with respect to any User Content you post on the Service, (1) you own or have the right to post such User Content, and (2) such User Content, or our use of such User Content as contemplated by the Agreement, does not violate the Agreement or any other rights set forth within these Terms of Use, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by us or any artist, band, label, entity or individual without express written consent from us or such individual or entity.
We may, but have no obligation to, monitor, review, or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Agreement. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. We are not responsible for User Content nor do we endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to edit, use, reproduce, make available to the public, perform, display, publish, aggregate, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service (and our and our successors’ and assigns’ businesses) and to allow third parties to do the same, through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, including after termination of your account or the Service. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Suggestions, and your right to object to derogatory treatment of such User Content.
By entering a Booking, Artist grants the Creative access to Artist’s User Content for use by the Creative solely to perform the Booking. Creative agrees not to use the Artist's User Content for unrelated purposes, whether on or off the platform.
11. Age Restrictions.
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept these Terms of Use in your name and on your behalf.
In the United States, you must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service. Our Sites are not targeted to nor meant for anyone under 18 years of age. If you become aware of anyone using the Service who is under the age of 18, please report this to: admin@echovzn.com We do not knowingly collect information from anyone under the age of 18.
12. Indemnification.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your breach of any term of this Agreement; (iii) your violation of any law or third party right, including without limitation any copyright, property, or privacy right; (iv) any Content that you post or otherwise contribute, including any claim that your Content caused damage to a third party; and (v) any third party using your account or identity in the Service. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
13. Communications to You.
We may communicate with you electronically, including by posting notices on the website or by responding to your emails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Additional Terms May Apply.
Depending on the Content or features included in the Service, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. To the extent that these Terms of Use are inconsistent with any Additional Terms, the Additional Terms will control.
15. Modifications.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any content or feature) at any time by posting a notice on the website or by sending you notice through the Service, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to part or all of the Service without notice or liability. Modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. While we otherwise will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following notification of any changes to these Terms of Use constitutes acceptance of those changes.
16. Reporting Violations.
If you become aware that any other person is violating any of these Terms of Use, please notify us immediately.
If you believe that any Content infringes your intellectual property rights or other rights, see our Intellectual Property policy /ip-policy. If we are notified by a copyright holder, using the forms we provide, that any Content infringes a copyright, we may in our sole discretion remove such Content from the Service, or take other steps that we deem appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to us with a request to restore the removed content, which we may or may not honor, in our sole discretion.
17. Arbitration Agreement for U.S. Users; Class Action and Jury Waiver.
MANDATORY ARBITRATION FOR U.S. USERS: CLASS ACTION, CLASS ARBITRATION AND JURY TRIAL WAIVER
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
You and we agree that any dispute, claim or controversy arising out of or relating in any way to the EchoVizion service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EchoVizion, LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your EchoVizion subscription.
For all disputes, whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to: EchoVizion, LLC, PO Box 1330, South Orange, NJ 07079 United States.
We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your written description, you may pursue your claim in arbitration or small claims court.
If you elect to seek arbitration or file a small claim court action, you must first send to EchoVizion, LLC, by certified mail or nationally recognized overnight courier, a written Notice of your claim (“Notice”). The Notice to EchoVizion, LLC must be addressed to: EchoVizion, LLC, PO Box 1330, South Orange, NJ 07079 United States (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for greater than US$500.00, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
18. Governing Law / Jurisdiction.
The terms of this agreement will be governed and construed in accordance with the laws of the State of New Jersey and the United States applicable to contracts to be wholly performed in New Jersey, without regard to choice or conflict of laws principles. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. ANY ACTION BASED ON OR ALLEGING A BREACH OF THESE TERMS OF USE OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THAT IS NOT SUBJECT TO MANDATORY ARBITRATION, SHALL BE GOVERNED BY THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF ESSEX COUNTY, NEW JERSEY. YOU AND WE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19. Assignment.
You may not assign the Terms of Use, in whole or in part, or transfer or sub-license your rights under the Terms of Use, to any third party. We may assign the Terms of Use, and any of our rights under the Terms of Use, in whole or in part, and we may delegate any of our obligations under the Terms of Use.
20. General.
These Terms of Use constitute the entire agreement between you and us with respect to the Service, including use of the website, and supersede all prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. Any failure by us or any third party beneficiary to enforce these Terms of Use or any provision thereof shall not be construed as a waiver of any provision or right. If any portion of these Terms of Use is held to be unenforceable or invalid, the unenforceable portion will be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.