Terms of Use

 

Welcome to www.overcoast.com. Overcoast LLC, a Virginia limited liability company, owner and operator of this website (“We,” “Us” or “Overcoast”) grants you access and use of this website (the “Services”), including all content and information contained thereon (our “Site”), subject to these terms and conditions of use (these “Terms of Use”). Please read carefully.

 

1. Access of the Website and Use of the Services. Your access of our Site and use of the Services constitutes your agreement to be bound by these Terms of Use. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue access of our Site and use of the Services. We may revoke your access to our Site and use of the Services at any time for any or no reason, including, without limitation, your violation of these Terms of Use. In addition, We may change, suspend, or discontinue our Site and the Services at any time.

 

2. Intellectual Property. Copyright, trademark and other proprietary rights and laws protect our Site and its intellectual property. No part of our materials on our Site (collectively, the “Content”), including, but not limited to, music, sound recordings, videos, graphics, photographs, logos, or text, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission. Except as expressly provided, nothing contained in these Terms of Use shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark, or other intellectual property rights.

 

3. Consent to receive email. If you register for our newsletter, you consent to receive notices, periodic newsletters, and other types of email communications from Us, including, without limitation, new product offers and customer service issues. You may choose to opt-out of certain newsletter and announcement email correspondence. Our Privacy Policy governs our use of your information provided for purposes of the newsletter.

 

4. Prohibited Uses. You are solely responsible for all of your activity in connection with the Services and accessing our Site. Any fraudulent, abusive, illegal, or otherwise inappropriate activities are grounds for termination of your right to Services and to access our Site. Without limitation to other prohibited uses specified herein, you are prohibited from using our Site or the Services for the following purposes:

 

a. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

b. attempting to probe, scan, or test the vulnerability of the Services, our Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

c. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” “DDOSing”, or “crashing;”

d. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Us in providing our Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability;

e. scraping, crawling, or using any other automated device or manual process to harvest data from our Site; and

f. using information obtained from our Site to solicit our clients in addition to other users or contributors to our Site.

 

5. Third Party Content and Links. Our Site may contain links to third party websites and service providers (e.g., Instagram, Facebook, Twitter, etc.), which have separate and independent content and terms of use. Third party websites and providers are not under our control. We are not responsible for and assume no liability for any statements, representations, or any other form of information contained in third party content appearing on or made available through our Site, the Services, or both. Inclusion of a third party content on our Site is not an endorsement thereof. We will not be liable, under any circumstances, for the illegality, inaccuracy, or error in any and all third party content and your use of third party websites. Access these sites and providers at your own risk.

 

6. Privacy Use of our Site and the Services is subject to Our privacy policy located at

View Our Privacy Policy

(our “Privacy Policy”).

 

7. Idemnification You agree to indemnify, defend, and hold harmless Us, our principals, agents, employees, and assigns for any losses, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) relating to or arising from any third party claim that (a) your use or inability to use our Site or the Services, (b) any use of our Site or Services by you, (c) your violation of these Terms of Use or our Privacy Policy, or (d) your violation of applicable international, federal, state, and local laws, rules and regulations. We reserve the right to assume exclusive defense of any such matters otherwise subject to indemnification by you, in which event you shall fully cooperate with Us in asserting any defenses.

 

8. Disclaimer OUR SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTAILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO OUR SITE AND THE SERVICES. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIAL OR SERVICES AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

 

9. Limitation of Liability. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, OUR SITE, THE SERVICES, OR BOTH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

 

10. Remedies for Violations. We may seek all remedies available at law and in equity for your violation of these Terms of Use, our Privacy Policy, or both, including, without limitation, the right to block access from a particular Internet address to our Site and suspend the Services.

 

11. Modification of Terms of Use. We may modify, delete, or otherwise alter these Terms of Use at any time. Such modifications will be effective immediately upon being posted to our Site. You are responsible for regularly reviewing these Terms of Use. Continued access of our Site and use of the Services thereafter constitutes your consent to any modifications hereto.

 

12. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the state courts and United States district courts sitting in Richmond, Virginia in which any adversarial proceeding, suit, or action is brought arising under these Terms of Use, your access to our Site, or your use of the Services. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by Us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand these Terms of Use and have had the opportunity to seek legal counsel of your choice. These Terms of Use along with our Privacy Policy contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by Us. Your breach of these Terms of use may cause irreparable harm and damage to Overcoast for which no adequate remedy at law exists. For this reason, Overcoast has the right, in addition to any other remedies available to it at law or in equity, to enjoin you in a court of equity from violating this Agreement without having to prove damages or post bond. These Terms of Use are binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. You may not transfer or assign these Terms of Use.

 

13. How to Contact Overcoast. If you have any questions about these Terms of Use or our Site, you may contact Overcoast at:

 

Mail: Overcoast, LLC

Attn: Overcoast website

409 E. Main Street, Suite 101

Richmond, VA 23219

Email: hello@overcoast.com

Phone: 804-939-5297

 

These Terms of Use were last updated on August 29, 2018.

Privacy Policy

 

This privacy policy (this “Policy”) describes the types of data collected from you by Overcoast LLC, a Virginia limited liability company, including its affiliates and subsidiaries, (“Overcoast,” “we,” “us,” or “our”) and how we use it. This Policy applies to www.overcoast.com (our “Site”).

 

Your Agreement.

By using our Site, you affirm that you have authority to agree to this Policy and are competent and capable of understanding, agreeing to, and complying with this Policy. If you do not meet these criteria, do not use our Site.

 

When you visit and browse our Site, input information into our Site, enjoy content on our Site, or otherwise use our Site (referred to hereafter collectively as “use of our Site” or a similar phrase), you signify that you have read, understand, and agree to the terms of this Policy. You agree that this Policy is supported by reasonable and valuable consideration (which consideration includes your use of our Site), and you acknowledge your receipt of and the sufficiency of the consideration. If you do not agree with all of the provisions of this Policy, do not use our Site.

 

PERSONAL INFORMATION WE COLLECT

 

2. Information Received and Collected by Overcoast.

When you use our Site, Overcoast receives and collects information, including personal information. “Personal Information” includes any information you provide us that could reasonably be used to personally identify you. The data we collect depends on the services, products, and features you use, and could include the following types information, some of which may include Personal Information:

 

2.1. Information You Provide Directly to Overcoast.

When you opt-in to our newsletter, we collect your first and last name, and email address.

 

2.2 Information from Third-Party Services.

When you use certain third-party services, such as Facebook, Instagram, or Twitter, in connection with your use of our Site, we may collect information that you make available to us through those third-party services, including your account information. We may also collect information about you from advertisers about your interactions with our ads on their sites. We will only collect and use that information to the extent that such collection and use is permitted by the third-party services. Please review the privacy policies of third-party services before using them in connection with our Site.

 

2.3 Device Information.

We collect information from your computers or mobile devices, either directly or via our ad network and analytics partners, including your activity on our Site across devices. This includes data such as IP addresses, cookie information, mobile device, advertising identifiers, browser and version, operating system type and version, mobile network information, device settings, and software data. We may recognize your devices to provide you with personalized experiences across the devices you use.

 

2.4 Location.

Our analytics partners collect location information from sources such as IP addresses and mobile phone network data. You can manage your location preferences and opt out of location tracking by using the location settings on your devices and within your web browser.

 

2.5 Technical Information.

We collect information about how you and your device interact with our Site and our products, including, for example: (1) referring source (i.e., the site you visited prior to visiting our Site; (2) date and time of access to Site; (3) Site pages visited and Site features used, and the order of use; (4) type of computer or other operating device accessing Site, type of browser used to access Site, and type of operating system you use; and (5) other similar information about the interaction between your browser and our Site. We collect and store Technical Information through information gathering tools such as cookies, web beacons, and other similar technologies.

 

Cookies. Cookies are stored in a computer or other operating device’s memory during a user’s browsing session. The cookies we use in connection with our Site are automatically deleted from the user’s computer or operating device when the browser is closed and the session has ended. These cookies usually store a session ID that does not personally-identify the user, and they allow users to navigate our Site efficiently. These cookies provide us information about Site features used and activities conducted while using our Site. Generally, we use cookies to customize your experience while using our Site. We may use cookies to compile aggregate data about user traffic on and user interaction with our Site so we can offer better experiences and tools in the future. Most browsers automatically accept cookies, but you can block cookies at any time by changing the preferences in your browser and/or delete cookies from your hard drive or other operating device. You can also have the browser notify you when you receive a new cookie. Please refer to your browser for information on how to disable and control cookies. If you choose to block or delete cookies, our Site may not function properly on your computer or other operating device, and certain features may not be available to you.

 

In addition to browser cookies, we may use other locally stored objects (sometimes referred to as “flash cookies”) stored in your hard drive or other operating device. These flash cookies will not be deleted when you delete cookies from your browser, and even if you set your browser to not accept cookies, these cookies will still be stored on your hard drive or other operating device when you use our Site. We may use this technology for purposes such as information security and fraud prevention, and to collect and store information about your preferences and navigation to, from, and on our Site. We do not use this technology for online behavioral advertising purposes. If you choose to disable or otherwise control flash cookies, our Site may not function properly on your computer or other operating device, and certain features may not be available to you.

 

Web Beacons. We may use web beacons (also called clear GIFs or pixel tags) or similar technologies to collect technical information about your use of our Site and your viewing and use of emails we send to you. Web beacons are graphic image files imbedded in a web page, Site feature, or email that provide a presence on such web page, feature, or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Site and opening our emails, and for what purposes. For example, we might place a web beacon in a marketing email to notify us when a user clicks on the link in the email. We do not collect Personal Information with web beacons, and we do not link information retrieved from web beacons directly with Personal Information you have given us.

 

HOW DO WE USE YOUR PERSONAL INFORMATION

 

3. How Overcoast Uses Your Personal Information.

We will also use your Personal Information for the purpose stated when we ask for such Personal Information (e.g., to sign up for our newsletter). We also use Personal Information as described elsewhere in this Policy, including to provide our Site and its features and to send you communications.

 

3.1 Providing and Supporting our Site.

We use your Personal Information to provide and support the operation of our Site, including:

 

Customizing your use of our Site. We may use your Personal Information to customize and tailor your experience using our Site and display content we think you might be interested in, according to your preferences.

 

Support. We may use Personal Information to help diagnose problems with the Site, to make the Site more compatible with the technology used by our users, to analyze statistical use patterns, and to otherwise improve our Site. For example, we may use Personal Information to track what our users look at most so we can recognize and provide more of the desired content.

 

3.2 Communications.

We may use your Personal Information to provide you information about Overcoast’s products or services that may be of interest to you, only if you have opted-in to receiving such information. We will never share your Personal Information with a third party for their own marketing or independent uses, except: (1) where you consent to such information sharing and (2) as described in this Policy.

 

If we use your Personal Information to send you marketing communications, we will provide you with an unsubscribe mechanism to opt-out of receiving future marketing communications, or you can contact us to request that we not send you marketing communications. If you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or contacting us), we reserve the right to contact you for non-marketing purposes relating to your use of our Site.

 

HOW WE SHARE YOUR PERSONAL INFORMATION

 

Information Shared with Third Parties.

Except in the circumstances described in this Policy, Overcoast does not share, sell, rent, license, trade, or otherwise transfer or disclose your Personal Information with or to third parties for their promotional purposes. We may share de-identified, aggregated information without restriction.

 

4.1 Third-Party Service Providers.

We share information with our third-party service providers who assist us by performing services related to our operation of our Site (such as hosting, data storage, payment processing, and security) and to conduct marketing on our behalf.

 

4.2 Third-Party Analytics Services.

We may use third-party analytics services to assist us in better understanding users of our Site. For example, we may use these services to track and analyze certain information, such as feature usage. We only ever provide these service providers with (or allow these service providers to collect on our behalf) the technical information described in Section 2.5. We use the information collected from these service providers to make our Site better and easier to use. The information we receive from these third parties may be re-associated with your Personal Information after we receive it back from these third parties. In particular, we use Google Analytics to evaluate and improve our Site and offer you more personalized services and products.

 

To learn more about Google Analytics and how to opt out, please review the Google Analytics summary of data practices at https://support.google.com/analytics/answer/6004245 and privacy policy at https://policies.google.com/privacy?hl=en. This information includes the content viewed or clicked on, the frequency and duration of your activity; your navigation of our Site, any purchases from affiliate links, and any ads you may have clicked on to arrive at our Site.

 

4.3 Merger, Acquisition, or Sale.

We may transfer your Personal Information to another entity owned or controlled by Overcoast or its principals or another entity if Overcoast is involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of its assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which information of our Site users are among the assets transferred. In this event, we will, if allowed, use reasonable efforts to notify you when your information is transferred to a third party (this notification may be made via email to you or by posting a prominent notice on our Site). Unless you consent otherwise, your Personal Information will remain subject to the promises made in this Policy, even after the transfer. But any information you provide after the transfer will likely be subject to a new privacy policy, and you should review that policy.

 

4.4 Required by Law. Overcoast reserves the right to release your information Overcoast believes in good faith that (i) such release is required to comply with any law, rule, or regulation, or any search warrant, subpoena, court order, or similar legal process; or (ii) disclosure is necessary to protect or enforce Overcoast rights or property, to protect the rights or property of others, to protect your safety or the safety of others, in emergency situations, to defend against legal claims, to enforce our contractual or other rights, or to take action regarding illegal activities or suspected fraud.

 

Controlling Your Information.

 

5.1 Controls.

You can manage or review your account information, marketing preferences, and user data. For any of these controls or opt-outs, please contact hello@overcoast.com:

 

— to edit your account information and settings, including any profile and contact data
— to ask us to restrict, stop processing, or delete your personal data
— to unsubscribe from marketing messages or newsletters
— to opt out of ad retargeting or personalized content suggestions
— to access, manage, and remove geo-location information associated with your account
— to delete your account login credentials, make your account inaccessible, and/or remove or anonymize any content you have posted to the Site or shared with others on the Site
— to request a machine-readable copy of your personal data

 

See Section 3.2 above regarding how to opt out of receiving marketing communications.

 

California Residents: Under California Civil Code sections 1798.83-.84, California residents are entitled to ask for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Overcoast LLC, 409 E. Main Street, Ste 101, Richmond, Virginia 23219.

 

5.2 Retention and Storage of Information.

We may retain all Personal Information in our databases until you ask us to remove your information from our databases. Note that even after you ask that we remove your information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files. This residual information is retained to preserve the integrity of backed-up files and for business continuity purposes. We may also retain certain technical information even after you request that we remove your information from our databases, for use in the aggregate and to analyze and improve our Site and affiliated sites. Further, even after you request that we remove your information from our databases, we may retain Personal Information with any document retention policy and to comply with applicable laws, rules, regulations, or guidelines; to prevent fraudulent activity; to protect ourselves against liability; to resolve disputes; to enforce our contractual or other rights; to permit us to pursue available remedies and limit any damages that we may sustain.

 

5.3. Do Not Track.

Overcoast does not track its users over time and across third-party websites to provide interest-based advertising. For this reason, we do not respond to Do Not Track signals.

 

Links to Third-Party Websites.

This Policy applies only to information collected through your use of our Site. Our Site may contain links to other websites, products, or services that are not owned or controlled by Overcoast. Overcoast is not responsible or liable for the privacy practices or other actions of these third parties or their websites, products, or services. These third parties may have their own privacy and security policies. You should review such policies to determine what information about you may be collected and used when you use these linked websites, products, or services.

 

In particular, we use the following third party sites for purposes of providing tickets, music, merchandise, and other services and products related to our Site. To learn more about each of these service providers, their data collection policies, and how to opt out, please see their respective privacy policies as follows:

 

Facebook – https://www.facebook.com/about/privacy

Instagram – https://help.instagram.com/519522125107875

Twitter – https://twitter.com/en/privacy

 

Security of Information; Disclaimer.

We have generally-accepted industry standard physical, electronic, and procedural security measures in place to protect against the loss, misuse, and unauthorized access, disclosure, alteration, and destruction of information we collect and store. These safeguards include secure login authentication for user accounts, encryption of data during transmission, firewalls, intrusion detection, vulnerability scans, and other security measures. The safety and security of your Personal Information also depends on you. You should not send us credit card information or other sensitive information via email, and you should not place orders with us via email, as this is not secure. If you have an account, you are responsible for keeping your username and password confidential. Please notify us if you become aware that your Personal Information is lost, stolen, or used without permission. We may disable access to your Site account in order to prevent an unauthorized third party from accessing your account. Further, in the event of an unauthorized use of your credit card, you should contact your card issuer immediately.

 

We cannot guarantee that your information will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. While we employ reasonable measures to protect your information, we do not and cannot guarantee that there will be no unintended disclosures of your information or that unauthorized third parties will not defeat our security measures or use non-public information for improper purposes.

 

Children’s Privacy.

Our Site is not directed to children under age 13, and children under age 13 are prohibited from using the Site. We do not knowingly collect information from (or permit submission of information by) anyone under age 13. If we learn that we have received information from a child under age 13 in violation of this Policy, we will delete that information from our files.

 

EU age limitation.

Due to the data and privacy laws in the European Union, we do not ask for or knowingly accept personally identifiable data from EU users under the age of 16. If you are in the EU and below the age of 16 years, we will require consent by the holder of parental responsibility over you.

 

Data Processing and International Transfers.

Our Site is hosted in the United States of America. If you are accessing our Site from a jurisdiction with privacy laws or regulations that differ from United States of America’s laws, please be advised that through your continued use of our Site, you are transferring your personal information to the United States of America and you consent to that transfer, subject to the terms of this Policy. You agree to the data collection, processing, storing, sharing, transferring, and uses of your information as outlined in this Policy. You agree that we may transfer, process, store, and use your information in countries other than your own.

 

Contact Us.

If you have questions regarding this Policy, our privacy practices, or your information, please contact us.

 

Overcoast LLC
409 E. Main Street, Ste 101
Richmond, Virginia 23219
USA
Phone: +1 (804) 939-5297
Email: hello@overcoast.com

 

Unenforceability.

If any part of this Policy is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Policy shall continue in full force and effect.

 

Policy Updates.

We may update this Policy in our discretion. We will post any new Policy here, and you should review this Policy regularly to make sure you are aware of its terms. You can determine if this Policy has been revised since your last visit to our Site by referring to the effective date. We may provide notification of significant changes to this Policy through our Site. Your use of our Site following a revision to this Policy constitutes your acceptance of and agreement to this Policy, as revised by us.

 

This Privacy Policy was last updated August 29, 2018.