Interlude US, Inc. and its affiliates (“Interlude”) is a digital media company which has developed a proprietary interactive video software (the “Player”) whereby Interlude and its partners create, produce and distribute a variety of interactive videos (“Interactive Content”) as well as enable end users to interactively compose a personalized version (“Unique Video”) of a video based on pre-recorded audio/video segments of such video (“Interactive Video”). The Player is based on and utilizes proprietary patent pending technology (“Interlude Technology”). Interlude also provides an online tool enabling end users to create and publish their own Interactive Videos (“Eko Studio”) and related services (“Eko Studio Services”).
1. Acceptance of the Terms
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 the Terms at any time at: https://company.eko.com/legal
By using, entering and/or viewing the Site, you acknowledge that these Terms constitute a binding and enforceable legal contract between Interlude and any person using or entering the Site.
2. Availability of the Service
Access to the Site may not be available at all times or in all areas. Interlude reserves the right to modify or discontinue, temporarily or permanently, the Site, with or without any notice to you. You agree that Interlude shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of: (a) this Site, or (b) the materials presented on this Site (including Interactive Videos, whether created by you or by any other party, contact information, links, publications, materials presented, other specialized content, documentation, data, related graphics, and other features as applicable) offered herein (collectively, the “Materials“).
3. Account Confidentiality and Unauthorized Use
Interlude may make certain parts of the Site accessible by password only. Should you be issued with a password from Interlude, you will be solely and fully responsible for maintaining its confidentiality.
4. Use Restrictions
You may not: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of this Site or the information which this Site contains in any way; (ii) create a browser or border environment or GUI around the Site (e.g. no “frames” are allowed); (iii) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) interfere with or violate users’ right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the Materials provided in this site or gaining unlawful access to it; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with Interlude, or express or imply that Interlude endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this Site; (vii) transmit or otherwise make available in connection with the Materials any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) create a database by systematically copying and storing all or any of Interlude’s Intellectual Property (as defined below); (ix) transfer or assign your password, even temporarily, to a third party; (x) access or attempt to access any part of the Site which requires a password without having been granted a password by Interlude; or (xi) use this Site for any illegal, immoral or unauthorized purpose.
Subject to these Terms, Interlude grants you specific and limited permission to download the Materials posted on this Site, if and when they become available for download, solely for personal, non-commercial and informational use, provided that you do not modify such Materials and provided further that you must retain all copyright and proprietary notices as they appear in such Materials, as applicable.
Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and/or the Materials and may expose you to civil and/or criminal liability.
Any information contained in this Site is provided for informational purposes only. Any information sent to Interlude through the Site is not secure and is done on a non-confidential basis. Interlude does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this Site.
6. Intellectual Property Rights
The content displayed on the Site, the Materials, including without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, guides, manuals, specifications, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos, whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (collectively, “Intellectual Property”), are solely owned by or licensed to Interlude and subject to copyright and other applicable intellectual property rights under US and Israeli laws, or under any laws in the applicable jurisdiction, as well as under international conventions. Except as permitted by applicable laws, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the prior written permission of Interlude.
When used with Interlude’s permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of Interlude using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published, printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.
7. Commercial Advertisements
Interlude may integrate commercials and advertisements, within or beside its Materials. All the information contained in such commercials and advertisements belong solely to the advertisers and Interlude makes no warranties or representations as to such advertisements, whether or not Interlude had control over such advertisements.
8. Disclaimer and Warranties
THE MATERIALS AND THE CONTENTS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INTERACTIVE VIDEO, CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING FOR SUCCESSFUL OR PROPER INSTALLATION. COMPANY DOES NOT WARRANT THAT THE MATERIALS, INTERACTIVE VIDEOS, SERVICES AND INFORMATION PRESENTED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAY CORRECT, MODIFY, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY DATA, INFORMATION AND CONTENT AVAILABLE VIA THE SITE, AT ANY TIME OR TO DISCONTINUE DISPLAYING SUCH MATRERIALS, INFORMATION AND CONTENT WITHOUT NOTICE.
COMPANY DOES NOT WARRANT NOR GUARANTEE THE INFORMATION PROVIDED THROUGH THE SITE AND ASSUMES NO LIABILITY, WITH RESPECT TO SUCH INFORMATION OR ITS ACCURACY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE INFORMATION, INTERACTIVE VIDEOS, AND MATERIALS PRESENTED ON THIS SITE SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALSO, COMPANY CANNOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH INFORMATION.
9. Limitation of Liability
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED BY COMPANY FROM YOU IN CONNECTION WITH THE SITE.
10. User’s Representations and Warranties
As a condition for your use of the Site, you hereby represent and warrant that (i) you are 13 years of age or older, and if you are 13 or older but under the age of 18, that you have reviewed the agreement with your parent or guardian to make sure that you and your parent or guardian understand it; (ii) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder; (iii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;; (iv) you are not located in a country that is subject to comprehensive U.S. economic sanctions or identified on any prohibited party list maintained by the United States; (v) you will provide true and accurate information and will not impersonate or provide a false identity; (vi) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Site and Materials, including Interactive Videos presented therein, for any illegal, immoral or unauthorized purposes.
11. Specific Notice Regarding Links to Third Party Sites
Certain links provided herein permit you to leave this Site and enter other, non-Interlude sites. These linked sites are not under Interlude’s control. Interlude is not responsible for the contents of any linked site, any changes or updates to such sites, or the availability of such external sites or resources. Interlude is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Interlude of any linked site. Interlude’s publication of information regarding third-party products or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services, either alone or in combination with any of the Materials, including with any of the Interactive Videos. Interlude reserves the right to terminate any link at any time. You further acknowledge and agree that Interlude shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
12. Cookies & Local Storage
When you visit the Site we may use industry-wide technologies such as “cookies”, Flash and/or Silverlight (or similar technologies), which store certain information on your computer (“Local Storage”) and which will allow us to enable automatic sign-in to the Site, and make your browsing much more convenient and effortless. It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option in Flash or Silverlight, you should use the settings option of Flash/Silverlight according to the specific instructions provided by the technology provider. However, if you block or erase cookies, or change the settings of Flash and/or Silverlight, your online experience may be limited.
You agree to defend, indemnify and hold harmless Interlude, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Materials (including, but not limited to, with relation to the Interactive Videos). This defense and indemnification obligation will survive these Terms.
You agree that Interlude, in its sole discretion, may terminate your use of this Site or any part thereof, at any time and for any reason, including, without limitation, if Interlude believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to this Site and/or the Materials (including the Interactive Videos) under any provision of these Terms may be effected without prior notice. Upon termination of these Terms, your right to use this Site will immediately cease. Interlude shall not be liable to you or any third party for any termination of your access to this Site or any part thereof.
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
This Agreement 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, the Site, and/or any of the Materials. 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.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.