Terms of Use

Introduction

This is a legal agreement between you, the potential user of this website ("you"), and East Coast Audio and Visual Entertainments, its subsidiaries and its affiliates ("East Coast Audios").

Your use of East Coast Audios products, services and web sites, this website (“Site”), or any of the products and services offered on this Site (collectively, the “Services”) is conditioned on your acceptance, without modification, of these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, you should not use the services. Should you accept the Terms by using the East Coast Audios Services in any way. In this case, you understand and agree that East Coast Audios will consider your use of the Services as an agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.

By using this Site, you acknowledge and confirm that:

• These Terms are published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 of India that require publishing the rules and regulations, privacy policy and user agreement for access or usage of this Site.


• These Terms are an “electronic record” as per the Information Technology Act, 2000 of India, and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.


• East Coast Audios is merely acting as a passive conduit to facilitate storage, transfer of third-party information and data and therefore East Coast Audios is an intermediary under the Information Technology Act, 2000 of India as amended and the relevant rules made thereunder.

East Coast Audios may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND East Coast Audios WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Provision Of Services

East Coast Audios is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which East Coast Audios provides, may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that East Coast Audios may stop (permanently or temporarily) providing any of the Services to you or to users generally at East Coast Audios sole discretion, without prior notice to you. You may stop using the Services at any time.

You acknowledge and agree that if East Coast Audios disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.

Use Of The Services By You

In order to access certain Services, you may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by East Coast Audios, unless you have been specifically allowed to do so in a separate agreement with East Coast Audios. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with East Coast Audios, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

You agree that you are solely responsible for (and that East Coast Audios has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which East Coast Audios may suffer) of any such breach.

Accounts, Passwords, And Security

You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to East Coast Audios for all activities that occur under your account. East Coast Audios is not responsible whatsoever for any actions taken under your account.

Content In The Services

You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". East Coast Audios does its best to give proper credit to the source from which the data was indexed. East Coast Audios search engine lays no claim to the ownership of the content originated at these sites. If some content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any Content is objectionable, please inform East Coast Audios at your convenience.

East Coast Audios respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to audio@eastcoastinternational.com:

• A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has been allegedly infringed.


• A description of the copyrighted work or other material being infringed.


• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that East Coast Audios is capable of finding and verifying its existence;


• The notifier’s address, telephone number, and email address.


• A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.

A statement made under penalty of perjury that all the above information is accurate and that the notifying party is authorized to act on the behalf of the copyright owner.

You agree that you are solely responsible for (and that East Coast Audios has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which East Coast Audios may suffer) by doing so.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

East Coast Audios And Your Proprietary Rights

Unless you have agreed otherwise in writing with East Coast Audios, nothing in the Terms gives you a right to use any of East Coast Audios trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by East Coast Audios, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Payment

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

1. Paid Services. Certain of our Services, including East Coast Audios Download, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.


2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.


3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.


4. Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.


5. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Termination Of Relationship With East Coast Audios

East Coast Audios may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of East Coast Audios. East Coast Audios holds the right to deny you Services without any expressed reason. East Coast Audios may also terminate the relationship with you if East Coast Audios is legally required to do so (e.g., when a provision of Services provided by East Coast Audios is, or becomes, unlawful); or if the partner(s) with whom East Coast Audios offered the Services to you has terminated its relationship with East Coast Audios or ceased to offer the Services to you; or the provision of the Services to you by East Coast Audios is, in East Coast Audios opinion, no longer commercially viable.

You’re free to stop using the Services at any time, by contacting us at audio@eastcoastinternational.com; please refer to our Privacy Policy, as well as the licenses described herein, to understand how we treat the information you provide to us after you have stopped using our Services. Account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation of the arbitration agreement.

Exclusion Of Warranties

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, East Coast Audios, its subsidiaries and affiliates, and its licensors or suppliers do not represent or warrant to you that:

• Your use of the Services will meet your requirements,


• Your use of the Services will be uninterrupted, timely, secure, or free from error,


• Any information obtained by you as a result of your use of the Services will be accurate, reliable, or legal and


• That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other devices, or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from East Coast Audios, or through or from the Services shall create any warranty not expressly stated in the terms.

East Coast Audios further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Limitation Of Liability

To the fullest extent allowed by applicable law, East Coast Audios (and its licensors or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to:

• Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;


• Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  
  
  
  • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
  
  
  • Any changes which East Coast Audios may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
  
  
  • The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
  
  
  • Your failure to provide East Coast Audios with accurate account information;
  
  
  • Your failure to keep your password or account details secure and confidential.
  
  

The limitations on East Coast Audios liability to you above shall apply whether or not East Coast Audios has been advised of or should have been aware of the possibility of any such losses arising.

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall East Coast Audios (or its licensors or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to East Coast Audios in connection with the services in the twelve (12) month period preceding this applicable claim.Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold East Coast Audios, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.

The manner, mode, and extent of advertising by East Coast Audios on the Services are subject to change without specific notice to you. In consideration for East Coast Audios granting you access to and use of the Services, you agree that East Coast Audios may place such advertising on the Services.