TERMS OF SERVICE

Welcome to ECHO!

We’re honored that you’ve chosen to use our platform as your venue to share your voice and passion with the rest of the world.

Our Service

ECHO enable users to listen to, share, distribute, sell, purchase, and inspire through all sorts of audio contents. To further enhance our user experience, we strive to provide a social community, where users can also look to share their thoughts as well as communicate with one another. Further information on our platform’s capabilities and functions can be found under the FAQ section of our web page.

Your Service Provider

The Entity providing the Service is ECHO – Our Digital Home Co., Ltd, a company operating under the laws of Cambodia, located at 229, st. 51, Sangkat BKK1, Khan Beoungkengkang 1, Phnom Penh 12302 (referred to as “ECHO”, “we”, “us”, or “our”.

Applicable Term

Your use of ECHO’s services is subject to the subsequent terms, and our FAQs. Subject to our company’s growth, further ECHO policies and guidelines will also be introduced. Any other links or references are for informational use only and are not part of any Agreement you may have with our company. Should you chose to dispute or fail to understand any aspect of this agreement, you may not use our service.

Who May Use Our Services?

Age Requirements

We require all of our users to be at least 13 years of age to use our services. However, younger children may use our services, if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under 18 years of age, you represent that you have your parent or guardian’s permission to use our services.

If you are a parent or legal guardian of a user under 18 years of age, you subject your child to the terms of this agreement, and take full responsibility for your child’s activity when using our services. We strongly urge you and your child to read this Agreement together.

Additionally, all users and uploaders should in good faith realize the possibility that their content may (and will likely) be exposed to younger children, and should respond in an according appropriate manner.

Businesses:

If you are using our services on behalf of a company or organization, we will assume that you are acting on behalf of your authoritative entity, who along with you accept our terms of service.

Your Use of Our Service

Content on the Service

Our service contents include (but are not limited to) audio streaming, download, transaction, graphics, interactive features, branding (trademark names, trademarks, service marks or logos), text (comments and note-taking), interactive features, software, and other content.

Our providers (both you and other entities) are responsible for the content that they provide. ECHO however aims to ensure that certain content meet our quality threshold, before permitting said content onto our website (see FAQ). If you believe that their content that you believe do not comply with our terms of service, you can report it to us (see Contact Us).

Accounts

We request that you create an ECHO account to access our services. Certain facets of our basic features such as adding purchased content to your library, or note-taking , would make use of our service without an account not permissible. Additionally, having an ECHO account enables you to like videos, subscribe to users, upload your content and much more. The perquisite for creating an ECHO account demands you to have at least one of the following: an email address, a Facebook account and/or a Google Account. See FAQ for further details on how you can create an ECHO account.

To keep your ECHO account secure, please keep your password confidential. It is advised that you do not use the same password for your ECHO account as you would for any of your other online accounts. We also encourage you keep your Google account. We also encourage that your password possesses a mixture of symbols, capital letters, and numbers. 

 

Your Information/Our Privacy Policy

Your Information

See our Privacy Policy for a rundown of how we treat your personal data, and protect your privacy when you use our services.

Permission and Restrictions

Our services are available to you, given that you comply with this agreement, and applicable law. You may use our services, and listen to our content for both personal and non-commercial use. Our services are available on both our website and mobile app.

The following restrictions apply to your use of our services and audio content. You are prohibited from:

1) Attempting or choosing to access, reproduce, download, distribute, transmit, broadcast, display, sell license, alter, modify or otherwise utilize our services or audio content in anyway without the expressed authorization of our content creator (when applicable) or ECHO (see contact Us).    

2) In any manner circumvent, disable, or otherwise interfere with any part of ECHO’s services.

3) Access our service through any automated methods except without our expressed permission.

4) Misuse our flagging and reporting process by making groundless or frivolous submissions.

5) Run any immoral contests on our services that do not comply with our agreement, FAQ guideline, as well as any applicable law.

6) Introduce fraudulent information that may identity a users’ profile useless, unless permitted by said person.

7) Use our services to distribute unsolicited promotional or commercial content.

8)  Solicit a third-party user(s) to cause inaccurate measurements of genuine user engagement with our services (like counts, subscription numbers, etc.) or manipulate our metric in any other way.


Reservation

Using ECHO’s services do not in anyway give you ownership rights to any facet of our services, including both your user name as well as any content provided by other users, or ECHO.

Changes to the Service

Given ECHO’s never-ending desire to improve our services for all of our users, changes to both our services and terms of service can be expected. Other contributing factors to our services changes can include (but are not limited to) the introduction of new legal legislation, weaknesses and loopholes in our terms, potential security threats and new service features. Any new updates to our terms of service will be highlighted at the top of our Terms of service page. We’ll also look to keep our users informed of any changes via our ECHO social media pages.

Your Content and Conduct

Uploading Content

A facet all ECHO users can enjoy is their ability to upload audio content to our service. Whilst, you are permitted to use your posted content to promote your business or enterprise, you cannot submit any content that do not comply with our terms of service or the law. You are responsible for the content you submit to our service.

License to ECHO

You possess ownership rights of your content. We do request that you provide us with certain rights however. By uploading your content to ECHO, you provide us with a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to your content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with our services, and with ECHO’s business. This also includes our use of part or all of your content for promotional and redistribution.

License to Other Users

ECHO users have the ability to provide other users of our services worldwide, non-exclusive, royalty free license to access their content. Users can hence reproduce, distribute, prepare derivative work and perform your content as per enabled by our platform. Alternatively, users can charge other users a price for access to these functions pertaining to their content. It should be noted however, that this license does not grant users the rights to make use of these contents outside of ECHO’s platform.

Duration of License

The license you grant us at ECHO remains for a period of time even after the removal of deletion of your content from our service due to administrative causes. Whilst ECHO may indeed retain your content, we do are prohibited from displaying, distributing, performing or creating copies of your videos.

Removing Your Content

You are permitted to remove your content from our service at any time. However, please keep in mind that users that have already purchased your products will continue to have access to your deleted content. However, no one else will be able to access your content any longer upon deletion of said content.

Removal of Content by ECHO

If we believe that your content is in breach of our terms agreement, or may cause harm to our brand, our users or third parties, we have the rights to remove or take down your content as well as from the library of those who have already accessed your content.

In the case of paid products (see FAQ), sole responsibility for refunds falls on the content’s uploader. However, to protect and avoid sharing our users’ financial data, all payments will go through ECHO. Furthermore, should ECHO not have reimbursed said uploader for their removed content yet, ECHO will use the funds still at ECHO’s disposal to refund purchasers. However, should ECHO have already reimbursed the uploader for their removed content, the burden of refunding purchasers falls onto the uploader’s hands.

Prior to removing any content, ECHO aims to hold at least one meeting, and explore potential alternatives before resorting to the aforementioned actions. 

ECHO will notify you of the reason of our action, unless we believe that doing so could potentially breach any law, compromise any investigation into our services, or could cause harm to our brand, our users and/or platform.

Copyright Protection

If you believe your copyright has been infringed on our platform, please send us a notice. Our copyright policy is as followed:

Overview

Users should only upload contents that they’ve produced themselves. Similarly, they should avoid uploading videos they didn’t create, use snippets of others’ copyrighted materials, or use audio made by others, without the appropriate authorization.

Making Claims

All our users can easily submit an ECHO copyright infringement complain. The easiest and most straightforward means of doing so is to send us an email via support@listentoecho.com. Be sure to include your username, why you believe the person have infringed on your copyright claim, as well as evidence. We will notify you of the outcome of your infringement claim subsequent to proper investigation.

ECHO’s Response Concerning Copyright Infringement

Should we receive a valid copyright infringement claim, we will take down the audio content in question (see “Removal of Content by ECHO” above). If a user receives three copyright strikes within a three-month time frame, their account will be terminated. Said creator will also be given a three month period to submit an appeal.

Account Suspension & Termination

Termination and Suspension by ECHO for Cause

ECHO may suspend your account should:

  • We need to comply with a given court order or any legal obligations
  • We believe that your account may be subjected to any potential security or privacy risk.  
  • You repeatedly breach our terms of service  

Termination by ECHO for Service Changes

Should ECHO find lending our services to you to be detrimental to our brand, platform and users, we will terminate your ECHO account.

Notice for Termination or Suspension

ECHO will notify you with the reason for the termination or suspension of your ECHO account via email, unless we believe that doing so could potentially breach any law, compromise any investigation into our services, or could cause harm to our brand, our users and/or platform. ECHO aims to give you ample time between the date you receive your termination/suspension notification and the date we terminate/suspend your account.

Our ECHO Software

Downloadable Software

ECHO possess a Mobile App readily available for download on both Android and Apple devices. Subject to your device settings, ECHO assume that you give permission for our software to update automatically once the latest version of the app is made available. ECHO provides you with a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software as part of our service. However, you are not able to copy, modify, distribute, sell, or lease any part of the software, or extract it source code without ECHO’s written permission, or otherwise specified by the law.

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN OUR TERM OF AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND ECHO DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T 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.  

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, ECHO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

4) ANY INTERRUPTION OR CESSATION OF THE SERVICE;

5) ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE 6) SERVICE BY ANY THIRD PARTY;

6) ANY CONTENT WHETHER SUBMITTED BY A USER OR ECHO, INCLUDING YOUR USE OF CONTENT; AND/OR

7) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

ECHO’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT ECHO HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO ECHO, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ECHO, its Affiliates, 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 violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third Party Links

ECHO’s services may host links to third-party websites and online services that we neither own nor have any control over. We have no control, hence do not assume any responsibility, for these websites, their contents, products and services.

About our Terms of Service

Modifying Our Terms of service

ECHO will continue to update our terms of service to either reflect our latest feature and services, or to appease any legal, regulatory or security requirements. Whilst, we will typically aim to provide users with advance notice of any upcoming alterations to our terms of service, modifications relating to any security or legal reasons may be implemented effective immediately without prior notice. Should you disagree with any of our modifications, we encourage you to cease using our services, until further clarity or updates have been reached in a manner that would appease you.

No Waiver

Should you fail to comply with our terms, or fail to respond to our requests pertaining to our terms, we have the rights to exercise our own responsive actions.

Governing Law

All claims arising out of relating to our services or terms of services will be governed by Cambodian law, and will be litigated exclusively in the Supreme Court of Cambodia, located in Phnom Penh, Cambodia. You and ECHO consent to personal jurisdiction in the mentioned courts.

Limitation and Legal Action

YOU AND ECHO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR ECHO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of 27 August 2020.