Welcome to Lost Stories Academy!
For the purpose of these Terms and Conditions, the terms 'Us' or 'We' or ‘Lost Stories’ refers to Lost Stories Entertainment Private Limited. The term 'You' or ‘User’ refers to the end user and/or an existing or future participant of the courses offered by Us.
1. Lost Stories Academy
We run an academy called Lost Stories Academy to impart skills related to music including music production and disc jockeying and provide various courses to this end.
2. Courses offered by Lost Stories and Payment for the Courses
2.1. The courses offered by Us are described in the relevant section of the Website. Upon enrolment to any of the courses offered by Us, You will be required to create an account with Us on the Website. Enrolment on the Website will facilitate dissemination of information to You pertaining to the course You have enrolled for.
2.2. The account holders on the Website can post information including (but not limited to) text, images, audios, videos etc. which will be accessible by Us and may be accessible by other account holders on the Website. However, such information must necessarily comply with these Terms & Conditions and more particularly clause 5 below.
2.4. The content and pricing of the courses offered on the Website is as mentioned in the description of each course. We reserve the right to modify the content and prices of our courses from time to time without prior notice.
2.5. The tutorials for a course can be imparted either at classes to be held at the Studio of Lost Stories Academy or online through the account of each participant on the Website or both at the studio and through account on the Website.
2.6. While best endeavors have been made to describe the courses offered by us accurately, We do not warrant that the course description or other content of the Website is accurate, complete, reliable, current, or error-free.
2.7. Each course is governed by the Terms and Conditions more particularly set forth in the application form for the course signed by each participant prior to availing the course. The participant is obligated to comply with the terms and conditions set forth in the said application form for the entire duration of the course and even thereafter, should the obligation be of such nature. We reserve the right to deny the participant the permission to attend the course with immediate effect if the participant breaches any of the terms and conditions mentioned in the said application form or in our opinion, engages in any activity that is contrary to law. We may also impose a fine of upto Rs. 25,000 (Rupees Twenty Five Thousand Only) on the participant in case of breach of any terms and conditions mentioned in the application form by the participant. The participant will not be entitled to continue to attend the course until the fine, if imposed, is not paid by the participant to Lost Stories.
2.8. 50% of the fees for each course shall be payable by the participant in advance prior to the commencement of the course failing which the participant will not be permitted to attend the course. If a participant is unable to attend the course after payment of 50% of the fees, no refund whatsoever will be made by Lost Stories to the participant. The balance 50% of the fees will be payable upon completion of the duration of half the course. If the participant fails to make payment of the balance 50% of the fees, the participant will not be permitted to attend the remainder of the course.
2.9. We also provide an “All Access Pass” for a certain fee to the Users which gives access to the library of Lost Stories. Users accessing the library of Lost Stories will be deemed to have accepted these Terms & Conditions.
2.10. We may accept payment for fees of the course vide the following modes of payment:
2.10.1. Visa/Master Card / Debit Card / American Express etc.;
2.10.2. Net banking;
2.10.3. Other online modes of payment; and
2.10.4. Physical payment by cheque or demand draft at the studio of Lost Stories Academy.
2.11. We do not assume any responsibility and take no liability whatsoever of any nature in respect of any loss or damage arising directly or indirectly to Users on account of technical glitches during a transaction of payment.
2.12. All payments made against the purchases/services on the Website by Users shall be compulsorily in Indian Rupees. We do not accept payment in foreign currency.
2.13. You acknowledge, agree, understand and confirm that the debit card, credit card and other details provided by You for availing of services on the Website are correct and accurate and You shall not use a credit card, debit card or other mode of payment which You are not authorized to use. We will not be responsible for any credit card, debit card or other bank related fraud. The liability for use of any mode of payment fraudulently shall at all times be on You.
2.14. The Website avails service of a payment gateway to effect online payment of money by debit card, credit card, internet banking or other modes of online payment. Consequently, Lost Stories does not assume any responsibility in respect of such payment gateway. You are advised to read the rules and regulations governing the payment gateway in detail and make yourself aware of the same.
2.15. No Refund Policy – Amounts once paid to Lost Stories shall not be refunded in any circumstances.
3. Collection, Storage and Use of Personally Identifiable Information
3.1. We collect certain information about You to help us serve You better when You visit our Website and/or enroll for a course and/or use the account on the Website. The information collected by Us is in the nature of your name, demographic information (such as date of birth and gender), telephone number, email address, postal address, IP address, username and password for the account You may create on the Website, payment details (including payment card number, security code, expiration date, cardholder name, billing address and details of online payment wallets), location information (such as the real-time geographic location of the device through which You accessed the Website), any other personal information which You give us while registering for a course and the text, images, audios, videos etc. posted by a participants on their respective accounts on the Website.
3.2. On the Website, We use data collection devices such as ‘cookies’ and ‘web beacons’ to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. We offer certain features that are only available through the use of a ‘cookie’ or a ‘web beacon’. You are always free to decline our cookies or web beacon if your browser permits, although in that case You may not be able to avail certain features on the Website. Should You require any further information in this regard, You may address your queries to [email protected]
3.3. You can browse our Website without telling Us who You are or revealing any personal information about yourself. We may automatically track certain information about You based on your behaviour on the Website. This information may include the URL that You just came from (whether this URL is on the Website or not), which URL You next go to (whether this URL is on the Website or not), your browser information, and your IP address.
3.4. On receiving personal information about our Users, they no longer remain anonymous to Us. The personal information collected by Us is used to manage and maintain Users’ account on the Website; provide quality services; process, validate, confirm, verify and track your enrollment (including by processing payment card transactions); market and promote products and services provided by Us; maintain a record of each Users’ visits on the Websites, courses availed from Us, Information posted on the Website by the Users and the information provided to each of the Users. We also use this information to do internal research on our Users' demographics, interests, and behaviour to better understand, protect and serve our Users. This information is compiled and analysed on an aggregated basis.
3.6. We may disclose information about You without your consent, if We are required to do so by law or legal process (such as a court order); in response to a request by law enforcement authorities, or when We believe such disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
3.7. We reserve the right to transfer personal information in the event We sell, merge or transfer all or any portion of our business or assets. Following such a sale, merger or transfer, You may contact the entity to which We transferred the personal information to with any inquiries concerning the processing of that information.
3.8. While We have taken substantial measures to protect the personal information We collect, You acknowledge that no electronic transmission of information can be entirely secure. We cannot and do not guarantee that the security measures We have or may put in place in future to safeguard personal information are infallible or will never be defeated or fail, or that those measures will always be sufficient or effective.
3.9. To ensure maximum protection, We advise all Users not to share their account User name and password with anyone. We confirm that We will never ask for a User’s username or password via email or through unsolicited phone calls.
4. Your Account
You shall alone be responsible for all activities that occur under your username and password. Therefore, kindly do not share your username and / or password with anyone. We reserve the right to block anyone from accessing the Website and / or delete a User’s account without any notice to the User.
5. Rules and Regulations
5.1. You ensure that You will not, intentionally or otherwise, use, host, display, upload, download, modify, publish, transmit, update or share any information on the Website which -
5.1.1. Belongs to another person and to which You do not have any right including but not limited to videos, audios, photographs, drawings, sketches or images of another person, event or thing which videos, audios, photographs, drawings, sketches or images are obtained without the rightful owners express written consent;
5.1.2. Infringes any patent, trademark, copyright, any other intellectual property rights, other proprietary rights, privacy rights of any person or other rights guaranteed under law or contract, without obtaining the prior written consent of the owner of such proprietary rights.
5.1.3. Infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy including disclosure of a person's name, email address, postal address, cell phone number, landline number, fax number etc.) or other rights guaranteed under law;
5.1.4. Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, racist, ethnically objectionable, disparaging, invasive of another's privacy, encourages money laundering or gambling, encourages physical harm of any kind against any group or individual or otherwise unlawful in any manner whatever;
5.1.5. Directly or indirectly - harasses another person, involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming", promotes or encourages illegal conduct and activities, promotes an illegal or unauthorized copy of copyrighted work, provides information about illegal activities of any nature whatsoever, interferes with another User's use and enjoyment of the Website;
5.1.6. Is false, inaccurate or misleading in any manner whatsoever, harm minors in any way, provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone,
5.1.7. Impersonates another person, deceives or misleads any person about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
5.1.8. Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of any physical or virtual items with other Users of the Website;
5.1.9. Contains restricted or password-only access pages, hidden pages, images (those not linked to or from another accessible page), viruses, time bombs, trojan horses, cancelbots, worms, computer codes, files or programs or other harmful or deleterious components or devices;
5.1.10. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
5.1.11. Contains any computer program that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any computer system, data or personal information;
5.1.12. Refers to any website or URL which We feel contains material that is inappropriate for the Website, contains content that would be prohibited on the Website, or violates the letter or spirit of these Terms and Conditions;
5.1.13. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
5.1.14. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and
5.1.15. Violates any law including treaty obligations undertaken by India and enforceable under Indian Law, delegated legislation, binding regulatory decisions or orders, binding decision, order, writ, injunction, judgment, decree or award of the Government of India and the Government of any State or Union Territory of the Indian Union or any judicial, quasi-judicial or administrative authority of competent jurisdiction.
5.2. We reserve the right to review, edit, reject, refuse to post and/or delete any Information as We think necessary whether on account of violation of these Terms or otherwise.
5.3. You also agree -
5.3.1. That the illegal and / or unauthorized use of the Website, including without limitation, collecting usernames and/or email addresses and/or other information of registered User by electronic or other means for any purpose including sending unsolicited email and unauthorized framing of or linking to the Website, is strictly prohibited and the Users will not indulge in either of the said activities;
5.3.2. Not to engage in any unauthorized interception of the data stream to or from the Website;
5.3.3. Not to engage in advertising to, or solicitation of, other Users through the Website to buy or sell any products or services;
5.3.4. Not to transmit any chain letters or unsolicited commercial or junk email to other Users via the Website;
5.3.5. That it would be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Website without their prior explicit consent;
5.3.6. That to protect the Users from advertising or solicitation, We may restrict the number of messages or emails which You may send to other Users in any defined period to a number which We deem appropriate;
5.3.7. That We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy and comply with any legislation, binding regulatory decisions or orders, binding decision, order, writ, injunction, judgment, decree or award of the Government of India and the Government of any State or Union Territory of the Indian Union or any judicial, quasi-judicial or administrative authority established under law;
5.3.8. We are authorized to disclose any information about the Users to law enforcement or other government officials, as We believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes of any nature whatsoever;
5.3.9. That the information posted by Users of the Website does not reflect the opinion of the Lost Stories and in no event shall Lost Stories assume or have any responsibility or liability for any information posted by Users or for any claims, damages or losses resulting from use of information and/or appearance of Information on the Website.
5.4. The possibility of other Users (including unauthorized Users or “hackers”) posting or transmitting offensive or obscene materials on the Website cannot be ruled out and therefore You may be exposed to such offensive or obscene materials albeit not at the instance or authorization of Lost Stories. Users also acknowledge possibility of others to obtain personal information about Users from the Website (without any authorization from Lost Stories), and that the recipient of such personal information may use such information for purposes other than the purpose it was intended to used. We do NOT approve such unauthorized access and use of personal information of the Users; however, by using the Website, Users acknowledge and agree that Lost Stories is not responsible for such unauthorized use of any personal information.
6. Information posted on the Website
6.1. The information posted on the Website by Lost Stories is a proprietary information of Lost Stories except the information which is owned by anyone other than Lost Stories, and Lost Stories is either licensed to post the same on the Website or otherwise permitted to post the same on the Website under law. The Users are required to respect such proprietary rights of Lost Stories and other persons in all such information posted on the Website.
6.2. The Website allows Users to post information on the Website. Users alone shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, hyperlinks, computer programs or other materials or information posted or transmitted on the Website by them. Users must ensure that they are the owners of all information as We do not encourage plagiarism in any manner whatsoever. A User will indemnify and keep Lost Stories indemnified from any and all claims, actions, liabilities, losses, damages and expenses, including reasonable attorneys’ fees, which maybe incurred by Lost Stories on account of any information dealt with by such a User violating any law or proprietary rights of any person. Lost Stories may use the information posted on the Website without any recourse to the User who posted such information. Such use may include promotional, advertising and marketing activities and for other similar purposes.
7. External Links
7.1. The Website may contain several hyperlinks to external websites posted by Lost Stories. Such hyperlinks are merely for ease of reference and convenience. Lost Stories does not assume any responsibility or liability for the contents of such external websites. The Users agree that they would access such hyperlinks at their own risk and cost. We request Users to carefully read the terms and conditions governing such websites prior to use.
7.2. While Users may establish a hypertext link to the Website, Users must ensure that the hyperlink does not state or imply any sponsorship or endorsement of Users’ website/ link by Lost Stories. The use, on Users’ website or otherwise, of any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without our express written consent is strictly prohibited.
7.3. The Website may allow Users to establish or share hyperlinks to external websites on the Website. Any such hyperlink established or shared on the Website shall be the responsibility of the User establishing or sharing the hyperlink and Lost Stories does not assume any responsibility or liability for the contents of the external websites to which such hyperlinks lead. The User creating such hyperlink shall indemnify and keep Lost Stories indemnified for all losses, damages, expenses, claims, liability including reasonable attorney’s fees that Lost Stories may incur either directly or indirectly due to such hyperlink established or shared by the User.
8. Trademark, Copyright and Restriction
8.1. Except as otherwise explicitly stated, the Website is controlled and operated by Lost Stories. All material whether on the Website or shared through the website, including texts, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Lost Stories or by other parties that have licensed their material to Lost Stories. Material on the Website owned, operated, licensed or controlled by Lost Stories is solely for your personal, non-commercial use. The only audio samples which may be used for commercial purpose are available in Sample Banks section of the Website. Users acknowledge and agree that they shall not use, copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and Users shall not assist any other person to do so without the prior written consent of Lost Stories. Without the prior written consent of the owner, modification of the proprietary material, use of the proprietary material on any other website or networked computer environment or use of the proprietary material for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which Users receive, directly or indirectly, any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Clause.