To assist you in using our www.ECHEMusic.com website (the "Website" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.

Terms and Conditions of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and ECHE Music regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to ECHE Music.

By using our Site, you agree to these Terms and Conditions.

1. Overview
We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us.

2. Registration for Certain Users
To obtain access to certain account materials and information from our Site, we ask that you become a registered user. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("Contact Information"), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

When you register at our Site, you will create a "password", providing you access to associated services and materials. When you re-visit our Site, this password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your password to any third party. If at any time you believe that your password has been revealed to any other party, or otherwise compromised, you agree to change your password immediately through our "Profile" page on our Site. You agree to be responsible for, and to release, indemnify and hold ECHE Music, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your password.

3. Certain Fees for Registered Users
If you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different subscription packages for different fees as identified on our Site.

4. Ownership Of Site Contents

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by ECHE Music (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by ECHE Music.

"ECHE Music" is a brand name owned by The Christian Jukebox, LLC. Other trade names and trademarks present on the Site either are owned by The Christian Jukebox, LLC, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, ECHE Music does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and ECHE Music hereby expressly disclaims any such affiliation or endorsement.

5. Downloading and Use of Site Contents
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about bands, musicians other materials relating to the music industry to the users of our Site (collectively, "Permitted Uses"). Certain users may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.

6. User Comments and Submissions
With respect to any photographs, video clips or sound clips you may provide to ECHE Music for posting on your online profile (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to ECHE Music a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.

ECHE Music does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. ECHE Music has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as ECHE Music shall have no obligation to return any Comments to you.

Without limiting any of the foregoing, you furthermore agree that ECHE Music may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

7. Prohibited Uses
In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ECHE Music disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, ECHE Music will comply with court orders directing ECHE Music to disclose the identity of users posting such information or materials, or otherwise directing compliance by ECHE Music.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

8. Complaints Over Perceived Infringement
ECHE Music respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, ECHE Music will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.
If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.

8.1. ECHE Music Designated Agent

If you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
e-mail: support@echemusic.com
The Christian Jukebox, LLC
9900 Greenbelt Rd, Ste. E, #208
Lanham, MD 20706
Attention: Simone Henry

8.2. Content of Notice
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

8.3. Our Response; Counter-Notifications
Upon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.

9. Links To Other Websites And Services
ECHE Music does not control the availability or content of any outside websites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. ECHE Music does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Website is at your own risk, and we disclaim all liability with regard to your access to such linked websites.
In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of ECHE Music is used as part of the link to this Site.

10. Gift Certificates and Site Credit
Gift certificates issued by ECHE Music and unused portions of such gift certificates are valid for a full seven years from the date of original issuance except as prohibited by law. ECHE Music does not deduct or otherwise charge any service or dormancy fees during the seven year life of the gift certificate. At the conclusion of the seven year period, the gift certificate expires except as prohibited by law.

Gift certificates must be redeemed through the ECHEMusic.com website toward the purchase of subscriptions and services available and listed thereon.

Gift certificates are not redeemable for cash and cannot be returned for a cash refund unless and until 90% of the original value of the gift certificate has already been redeemed for subscriptions or services on the ECHEMusic.com website.

ECHE Music is not responsible for lost or stolen gift certificates.
ECHE Music will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the ECHEMusic.com website or is redeemed and used to make purchases on the ECHEMusic.com website.

All sales transacted through the ECHEMusic.com website are final. In the event that ECHE Music decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of ECHE Music.

ECHE Music and its affiliates make no warranties, express or implied, with respect to gift certificates and services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. ECHE Music makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply and you might have additional rights.

This website is controlled by The Christian Jukebox, LLC in the State of Maryland. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the State of Maryland. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect.

ECHEMusic.com and ECHE Music are terms used interchangeably throughout this website.
ECHE Music reserves the right to change these terms and conditions from time to time in its sole discretion.

11. Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. ECHE Music SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.

Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

12. Limitation of Liability
NEITHER ECHE MUSIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
" ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
" ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
" ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.

13. Choice of Law and Jurisdiction

This Site is controlled and operated by The Christian Jukebox, LLC from its location in Lanham, Maryland. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions.

ECHE Music makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Website from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Website from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

14. Modifications

We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

15. Assignment
ECHE Music may wish at some point to assign or transfer its rights in this Website to a third party. You agree that ECHE Music may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by ECHE Music then-applicable Privacy Policy.

16. Indemnities

You agree to indemnify ECHE Music, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.

17. Access Privileges
ECHE Music may discontinue, change, or restrict your use of this Website for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Website.

18. Severability
If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

19. Survival
Without limiting any other provisions of these Terms and Conditions or the Privacy Policy, (a) your indemnification obligations under Section 2 (Registration for Certain Users) and Sections 3 (Certain Fees for Registered Users), 4 (Ownership of Site Contents), 6 (User Comments and Submissions), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Choice of Law and Jurisdiction), 14 (Assignment), 15 (Indemnities), 17 (Severability) and 19 (Complete Agreement) of these Terms of Use; and (b) Section 6.6 (Relationship to Terms of Use) of the Privacy Policy, shall survive any termination of these Terms of Use and/or the Privacy Policy.

20. Complete Agreement
In addition to these Terms and Conditions (and Subscription Agreement, if any), your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions (and Subscription Agreement, if any) constitute the entire agreement between you and ECHE Music with respect to use of the Site and supercede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.

21. Your Consent
By using our Website, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

22. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Maryland, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the ECHE Music Service.

These Terms and the relationship between you and ECHE Music shall be governed by the laws of the state of Maryland without regard to its conflict of law provisions. You and ECHE Music agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the ECHE Music Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Prince Georges County in the state of Maryland. You covenant not to sue ECHE Music in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the ECHE Music Service or these Terms:

 

23. Contact Us
You may contact us, for any reason, by e-mail as follows:
info@ECHEMusic.com

You may contact us by mail as follows:
ECHE Music
The Christian Jukebox, LLC
9900 Greenbelt Rd, Ste. E, #208
Lanham, MD 20706

 


Last Revised April 11, 2017