TERMS & CONDITIONS

Last Updated: January 23, 2025

Welcome to Earth Coast Productions (“Earth Coast,” “we,” “us,” or “our”). Please read these Terms & Conditions (“Terms”) carefully before accessing or using the websites, media portal, products, or services (collectively, the “Services”) provided by Earth Coast Productions. These Terms govern your access to and use of our Services.

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.


1. Acceptance of Terms

1.1 Binding Agreement
By using our Services, you agree to be bound by these Terms, our Privacy Policy, and any supplemental terms, policies, or guidelines referenced herein. If you do not agree to all these provisions, do not access or use the Services.

1.2 Modifications
We may update or modify these Terms at any time. Any changes will be effective upon posting of the revisions on our Services or upon notice to you via email or your account. Your continued use of the Services after the changes have been posted or communicated indicates your acceptance of those changes.


2. Eligibility

2.1 Age Requirement
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

2.2 Authority
If you are accessing or using the Services on behalf of an organization (e.g., as an employee), you represent and warrant that you have the authority to bind your organization to these Terms.


3. Use of Services

3.1 Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal, personal, or organizational purposes.

3.2 Prohibited Activities
You agree not to:

  • Violate any applicable laws or regulations.
  • Infringe upon the rights of others, including intellectual property or privacy rights.
  • Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks.
  • Interfere with or disrupt the Services or servers/networks connected to the Services.
  • Transmit any viruses, malware, or other harmful or disruptive code.

3.3 Account Security
If you register an account to access certain features of our Services, you are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. You agree to notify us immediately of any suspected unauthorized use of your account.


4. User-Generated Content

4.1 Responsibility
Our Services may allow you to upload, post, or transmit content (“User Content”). You retain ownership of any intellectual property rights in the User Content. However, by submitting User Content via the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, publicly display, distribute, and create derivative works of your User Content for the purpose of providing and improving the Services.

4.2 Acceptable Content
You agree not to upload, post, or transmit any User Content that:

  • Violates the rights of any third party, including copyright, trademark, privacy, or publicity rights.
  • Is unlawful, defamatory, harassing, obscene, sexually explicit, or otherwise objectionable.
  • Contains unauthorized personal information of others.

4.3 Content Removal
We reserve the right (but have no obligation) to review, remove, or disable access to any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.


5. Intellectual Property Rights

5.1 Ownership
All content, trademarks, logos, service marks, trade names, and other intellectual property displayed on or contained within our Services (excluding User Content) are the property of Earth Coast or its licensors. You are not granted any right or license to use any of these materials without our prior written permission.

5.2 Feedback
If you submit feedback, ideas, or suggestions regarding our Services, you acknowledge that we may use such feedback without any obligation to compensate you.


6. SMS/Text Messaging

Earth Coast Productions respects your privacy. By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:

  • Data Collection: We will collect your name, email address, and mobile phone number when you sign up for SMS updates. The information will be collected via the website contact form.
  • Data Usage: We use your data solely for sending updates, and reminders related to our products or services.
  • Data Security: We protect your data with secure storage measures to prevent unauthorized access.
  • Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.
  • MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.
  • Frequency: Messages are recurring, and message frequency varies.
  • Support: Contact Earth Coast Productions at (720) 515-7215 or support@earthcoast.com for HELP or to STOP receiving messages.
  • Opt-Out: You can opt out of the SMS list at any time by texting, emailing, or replying STOP or CANCEL to support@earthcoast.com or (720) 515-7215. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed and we will remove your number from our list within 24 hours.
  • Help: You can send HELP for additional assistance, and you will receive a text including our Phone number, email and website. We are here to help you.
  • Non-Sharing Clause: We do not share your data with third parties for marketing purposes. Earth Coast Productions will not sell, rent, or share the collected mobile numbers.
We do not share your data with external parties except as stated in our Privacy Policy. Any such sharing is conducted under strict confidentiality agreements and solely for the purpose of operating and developing our Services.

7. Disclaimer of Warranties

7.1 AS-IS Basis
Your use of our Services is at your sole risk. Our Services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 No Guarantee
We do not guarantee that the Services will be available on an uninterrupted, secure, or error-free basis; nor do we guarantee that the results obtained from use of the Services will be accurate or reliable.


8. Limitation of Liability

8.1 No Liability for Certain Damages
To the fullest extent permitted by law, Earth Coast Productions and its affiliates, directors, officers, employees, contractors, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

8.2 Maximum Liability
In no event shall the aggregate liability of Earth Coast exceed the amount you paid to Earth Coast for the Services giving rise to the claim during the twelve (12) months preceding the event first giving rise to such liability or one hundred dollars ($100), whichever is greater.


9. Indemnification

You agree to defend, indemnify, and hold harmless Earth Coast Productions, its affiliates, and their respective employees, agents, and contractors from and against any claims, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.


10. Third-Party Links and Services

Our Services may include links to third-party websites, applications, or resources that we do not own or control. We do not endorse or assume any responsibility for such third-party sites, content, or services. Your use of any third-party links or services is at your sole risk.


11. Changes to the Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability to you.


12. Governing Law and Dispute Resolution

12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

12.2 Venue
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Boulder County or Denver County, Colorado, and you consent to personal jurisdiction and venue in these courts.


13. Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.


14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, if you violate any of these Terms or if we decide to discontinue the Services. Upon termination, your right to use the Services will cease immediately.


15. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with Earth Coast in connection with the Services, shall constitute the entire agreement between you and Earth Coast with respect to the Services. No oral or written information or advice given by Earth Coast or its authorized representatives shall create any warranty or in any way increase the scope of our obligations under these Terms.


16. Contact Us

If you have any questions about these Terms & Conditions, you can reach us at:
Earth Coast Productions
Email: support@earthcoast.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.