The Player enables you to interact with the decision making features made available while enjoying a seamless viewing experience of the Interactive Video thereby creating in real time, within the course of the Interactive Video, a personally edited version (a “Unique Video”) and then to share the Interactive Video and/or the Unique Video via the sharing features provided (the Player’s features and functionality are collectively referred to as the “Service”).
These Terms may be revised and updated from time to time, with or without notice. Interlude shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Interlude urges you to check the “Last Revised” date appearing at the top of these Terms in order to be updated. You can review the most current version of these Terms at any time at https://company.eko.com/legal/. By using the Service you hereby acknowledge the terms and conditions set forth in these Terms and accept them. If you do not agree to any of these terms, please refrain from using the Service.
You may not use the Service and may not accept these Terms if (a) you are not 13 years or age, or you are 13 or older but under the age of 18 and haven’t reviewed the agreement with your parent or guardian to make sure that you and your parent or guardian understand it;, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
In order to use and enjoy the Service, you are hereby granted, subject to your compliance with the Terms, a limited, revocable, royalty free, personal, non assignable, non transferable, non commercial license to the Player solely in order to play and share the Interactive Video and any Unique Video(s) to the extent permitted by the functionality of the Service and under these Terms.
Your use of the Service is subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
1. You agree not to access any Interactive Video or Unique Video for any reason other than your personal, non-commercial use, solely as intended through and permitted by the regular functionality of the Service.
2. You agree not to distribute any parts of the Interactive Video, other than with respect to Interactive Videos created by you and subject to the Eko Studio Terms of Service, which are incorporated herein and consist an integral part of these Terms, in any medium or media without Interlude’s prior written authorization, unless Interlude makes available the means for such distribution through functionality offered by the Service, in such case you agree that you ensure such distribution is compliant with these Terms, all applicable laws and the terms governing any websites to which the Interactive Video or Unique Video is distributed.
3. You agree not to prepare derivative works of, display, make available to the public, broadcast or publically perform Interactive Videos other than with respect to Interactive Videos created by you and subject to the Eko Studio Terms of Service which are incorporated herein and consist an integral part of these Terms. You acknowledge that other than as explicitly set forth in these Terms, Interactive Videos not created by you may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose.
4. Interlude and its licensors reserve all rights not expressly granted in and to the Interactive Videos or Unique Videos.
5. You agree not to alter or modify any part of the Player and its related technologies.
6. You agree not to access the Interactive Video through any technology or means other than the Player.
7. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of the Interactive Video or a Unique Video or (ii) enforce limitations on use of the Service or the content accessible via the Service.
8. If you use the Player on your website, you may not modify, build upon or block any portion or functionality of the Player.
9. You acknowledge and agree that Interlude may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Interlude’s sole discretion, without prior notice to you.
11. You agree that you are solely responsible for (and that Interlude has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Interlude may suffer) of any such breach.
12. You understand and agree that Interlude is not responsible for the Interactive Videos and the consequences of viewing or otherwise sharing the Unique Videos. Interlude does not endorse the Interactive Videos or any opinion, recommendation, or advice expressed therein, and Interlude expressly disclaims any and all liability in connection with the Interactive Videos or the Unique Videos.
13. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Interlude with respect to any Interactive Video containing materials which may be factually inaccurate, offensive, indecent, defamatory or otherwise objectionable.
The Service is provided “AS IS” and Interlude makes no warranty or representation to you with respect to it. In particular, Interlude does not represent or warrant to you that: your use of the Service will meet your requirements, that your use of the Service will be uninterrupted, timely, secure or free from error, or that defects in the operation or functionality of the Player will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERLUDE DISCLAIMS ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY EXPRESSED AND/OR IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION AND/OR NON-INFRINGEMENT) THAT MAY APPLY TO THE SERVICE.
TO THE FULL EXTENT PERMITTED BY LAW, INTERLUDE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. THIS SHALL INCLUDE ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU. INTERLUDE SHALL HAVE NO LIABILITY WHATSOEVER UNDER, ARISING OUT OF OR RELATING TO THESE TERMS. THE LIMITATIONS ON INTERLUDE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT INTERLUDE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree that if Interlude does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Interlude has the benefit of under any applicable law), this will not be taken to be a formal waiver of Interlude’s rights and that those rights or remedies will still be available to Interlude. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
These Terms shall be construed and governed in accordance with the laws of the State of New York, regardless of its conflict of laws rules. The applicable courts in New York shall have sole and exclusive jurisdiction over any dispute under this Agreement or otherwise related to Interlude and the Player. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.