TERMS & CONDITIONS

06.01.2020

Terms & Conditions for Coastal Vibes Accounts

Applicable to the business relationship between:
Customer (hereinafter also referred to as “Client”)

and

Coastal Vibes LLC., 1137 Avalon Dr E, Orange, 06477 CT, USA (hereinafter referred to as “Contractor” or “Coastal Vibes”)

Contractual object

Coastal Vibes provides a platform that specializes in music marketing, career development, and other related services. This contract defines the tasks and obligations between the client and the contractor.

Coastal Vibes provides marketing services for the respective sound and sound recordings (hereinafter “recordings”) submitted by client through Coastal Vibes Website (https://portal.thecoastalvibes.com) on the basis of these Terms and Conditions.

The recordings within the meaning of these Terms and Conditions are sound recordings and combined sound/image recordings (e.g. music videos), as well as related additional content such as artwork (collectively also called “content”), which the client transmits after consent to this Agreement in accordance with the specifications of Coastal Vibes. Coastal Vibes reserves the right to refuse transmitted material in its sole discretion, in particular if it is alleged that it breaches punitive provisions or infringes the rights of third parties.

Grant of rights

The client grants Coastal Vibes all rights to the contractual sound recordings, photographs and other content necessary for digital marketing services chosen by the client.

Coastal Vibes is in particular entitled to make the recordings available to third parties for promotional use and transmit them to Internet portals for promotional use.

Coastal Vibes may also distribute clips as an excerpt from a recording for a duration of typically 30 seconds (or, in certain cases, shorter or longer) for auditioning or judging purposes to promote the sale of the content. In addition, Coastal Vibes is entitled to edit the recordings and other contents as far as this is necessary to fulfill the purpose of the contract.

The client undertakes to provide true and complete information. For underage customers, the legal representatives have to accept the Terms & Conditions. The client also undertakes to inform the contractor immediately about the changes of all personal data necessary for the execution of the contract, in particular the first name, last name, address, email, telephone number and bank details.

The client warrants the he is authorized and able to enter into this contract, fulfill his obligations and grant the necessary rights.

By creating an account or submitting a recording on Coastal Vibes, the client accepts this contract. With the acceptance of this contract (Terms & Conditions for Coastal Vibes Accounts), the client confirms that he has all the rights to the recordings and other content and gibes his consent to the present conditions.

Decclarations of consent and digital duplication

The client must ensure that the provided recordings and other content are free of third party rights and that the contractor could not violate any third party rights or be prosecuted for such a breach in connection with this contract.

When offering third-party trademarks and other third-party content, the client must have the express right to represent these brands or content and to dispose of such content.

Duration of contract

The contract comes into force with the opening of an account on thecoastalvibes.com or portal.thecoastalvibes.com. It is closed for an indefinite period and can be terminated at any time within portal.thecoastalvibes.com. However, the client is aware that it takes a while for the recordings and other content to be removed from the platform provided by Coastal Vibes. The duty of secrecy continues beyond the termination of the contract.

Force Majeure

Delays or omissions by either party in the performance of its respective obligations under this Agreement shall not be deemed a breach of this Agreement or a liability to the other party, if and insofar as the delay or default is caused by circumstances beyond its control (force majeure).

Disclaimer

The liability of the contractor is excluded to the maximum extent permitted by law. Liability for indirect and consequential damages, loss of profit, lost business, lost revenue and lost corporate or brand value or other impairments is excluded in particular.

Furthermore, the client is aware that the third party portals and platforms are dependent on technical circumstances to which Coastal Vibes has no influence in individual cases. In particular, Coastal Vibes disclaims all liability in connection with the availability or non-availability of recordings and other content on the any third party platform or portal used in regards to clients chosen service.

If Coastal Vibes becomes aware that this contract affects or violates the rights of third parties or criminal regulations, Coastal Vibes is entitled to deny chosen services by client, freeze the account of client, retain any payments made by client until clarification of the legal situation and to settle it with any compensation claims of third parties, irrespective of whether a final judgment has already been obtained, Coastal Vibes is also entitled to use clients payments to cover its own expenses in connection with the defense against third-party claims.

The client indemnifies Coastal Vibes and its contractors, owners and employees against all possible claims of third parties, as well as costs of prosecution or defense against third party rights, insofar as these claims are connected with this contract. This exemption includes, in particular, legal and court costs, claims for damages and claims for payment from license analogy or copyright infringement. Coastal Vibes informs the client immediately in case of claim or action. Customer is required to defend Coastal Vibes at its own expense and with Coastal Vibes’s legal counsel, if requested by Coastal Vibes.

Confidential information

Neither party shall be entitled to disclose any Confidential Information of the other party to any third party unless the party concerned is legally or officially obliged to disclose it, or the party that issued the Confidential Information expressly grants the other party, case-by-case consent for disclosure by them.

Change these Terms & Conditions/Prices
Coastal Vibes reserves the right to change these Terms & Conditions or the prices at any time without giving reasons. The changed conditions will be sent to the client by email two weeks before they come into force. The client has the right to terminate this contract within a period of two weeks after receipt of this notification. If the client does not cancel within two weeks after receipt of the email, the changed conditions are considered accepted conditions.

Other provisions

If the Terms & Conditions contain contradictions or omissions, the purpose, meaning and spirit, good faith and mutual interests of the parties shall be used to determine which provision is deemed appropriate. If amendments are made to these Terms & Conditions that result in contradictions arising, the later version shall take precedence over the earlier. Should one of these provisions be or become invalid, this shall have no effect on the validity of the remaining provisions.

This contract is governed by Connecticut law, excluding the conflict of laws rules of private international law. Court of jurisdiction is Orange, Connecticut (Unites States). This also applies if the portal or the services of Coastal Vibes are used outside of the United States.

Exclusive Distribution Deal

An exclusive Distribution Deal is agreed separately between Coastal Vibes and the client.

Services

Current charges for booking services can be found on the portal.thecoastalvibes.com website on the individual product pages within the store


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