1. Your Acceptance
2. Vinyl Soul Records Website
3. Website Access
A. Vinyl Soul Records hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Vinyl Soul Records prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and any restrictions or conditions set forth on the Website itself.
B. In order to access some features of the Website, including, without limitation, to submit Materials,(as defined herein), you will have to create an account. You may never use another Customer’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vinyl Soul Records immediately of any breach of security or unauthorized use of your account. Although Vinyl Soul Records will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vinyl Soul Records or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Vinyl Soul Records servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any registered users of the Website (each, a “Customer” and, collectively, “Customers”) with respect to their Materials.
4. Intellectual Property Rights
The content on the Vinyl Soul Records Website, except all Materials, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, all Reviews (as defined herein), interactive features and the like (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Vinyl Soul Records, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of such Content. Notwithstanding the foregoing, in the event that you become a Customer and pay for and receive a Review, Vinyl Soul Records hereby grants to you a limited, non-sublicenseable, non-transferable license to use solely the score assigned to such Review and/or any written content contained therein solely for marketing and promotional purposes in accordance with all applicable laws, rules and regulations. IN NO EVENT, SHALL YOU HAVE OR ACQUIRE ANY RIGHTS TO USE ANY AUDIO AND/OR AUDIOVISUAL CONTENT IN ANY REVIEW FOR ANY PURPOSE WHATSOEVER, UNLESS AND UNTIL Vinyl Soul Records HAS GRANTED YOU THE RIGHT TO SO THROUGH A WRITTEN AMENDMENT TO THESE TERMS OF SERVICE AND POSTED SUCH AMENDMENT ON THE WEBSITE. Vinyl Soul Records reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Materials of third parties obtained through, or viewed on, the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you agree not to alter or remove any copyright or other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Vinyl Soul Records Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vinyl Soul Records Website or the Content therein.
A. The Vinyl Soul Records Website permits the submission of audio, audiovisual, written and other materials and content by you and other Customers (collectively, “Materials”) and may allow for the hosting, sharing, and/or publishing of certain of your Materials by Vinyl Soul Records and certain third parties by obtaining your prior written consent, which may be obtained electronically. You understand that whether or not such Materials are published, Vinyl Soul Records does not guarantee any confidentiality with respect to any such Materials.
B. You shall be solely responsible for your own Materials and the consequences of posting or publishing them. In connection with your Materials, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vinyl Soul Records to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all such Materials to enable inclusion, use and review of the Materials in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Materials in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in the Materials that you submit through the Website other than the license rights and any other rights granted herein. However, by submitting the Materials to Vinyl Soul Records, you hereby grant Vinyl Soul Records a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Materials in connection with the Vinyl Soul Records Website and Vinyl Soul Records (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Vinyl Soul Records Website (and derivative works thereof) in any media formats and through any media channels.
C. In connection with Materials, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vinyl Soul Records all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Vinyl Soul Records or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Vinyl Soul Records does not endorse any Materials or any opinion, recommendation, or advice expressed therein, and Vinyl Soul Records expressly disclaims any and all liability in connection with Materials. Vinyl Soul Records does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Vinyl Soul Records will remove all applicable Materials if properly notified that such Materials infringe upon another’s intellectual property rights. Vinyl Soul Records reserves the right to remove Materials without prior notice. Vinyl Soul Records will also terminate a Customer’s access to its Website, if he/she is determined to be an infringer. Vinyl Soul Records also reserves the right to decide whether Materials are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vinyl Soul Records may remove such Materials and/or terminate a Customer’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vinyl Soul Records’s designated Copyright Agent to receive notifications of claimed infringement is: Donny Baker (business@Vinyl Soul Records.com). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Vinyl Soul Records customer service by clicking the Help button located on the top navigation menu on the site. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that, when using the Vinyl Soul Records Website, you will be exposed to Materials from a variety of sources, and that Vinyl Soul Records is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vinyl Soul Records with respect thereto, and agree to indemnify and hold Vinyl Soul Records, its owners/operators, Professionals (as defined herein), affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. In addition, you hereby release Vinyl Soul Records and its Professionals from any and all liability based upon, or arising out of, any reviews of your Materials (each, a “Review” and, collectively, “Reviews”) by such Professionals, including, without limitation, claims of defamation of any kind. For purposes of these Terms of Service, the term “Professional” means a music industry, sports, fashion, film, or business industry professional who reviews Materials submitted by Customers on the Website. In addition, if your Materials are selected for posting and/or to be featured on the Website (with your consent), you understand and agree that visitors to the Website may comment freely on such Materials. Vinyl Soul Records shall not have any liability to you or to any third party in connection with any such comments (which you understand may not be favorable). You understand and agree that you shall not have any rights or claims arising from or concerning any such comments, and you hereby irrevocably waive any such rights and/or claims to the extent that they exist or arise in the future.
F. Vinyl Soul Records permits you to link to Materials of third party Customers on the Website for solely personal, non-commercial purposes. Vinyl Soul Records reserves the right to discontinue any aspect of the Vinyl Soul Records Website at any time. These Terms of Service constitute a legally-binding contract solely between you and Vinyl Soul Records, LLC.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Vinyl Soul Records WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Vinyl Soul Records, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Vinyl Soul Records MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Vinyl Soul Records WEBSITE. Vinyl Soul Records DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Vinyl Soul Records WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Vinyl Soul Records WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONALS.
7. Limitation of Liability
IN NO EVENT SHALL Vinyl Soul Records, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Vinyl Soul Records WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Vinyl Soul Records SHALL NOT BE LIABLE FOR ANY MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OF ANY PROFESSIONAL) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Vinyl Soul Records from its facilities in the United States of America. Vinyl Soul Records makes no representations that the Vinyl Soul Records Website is appropriate or available for use in other locations. Those who access or use the Vinyl Soul Records Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Vinyl Soul Records, its officers, directors, employees, Professionals, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Vinyl Soul Records Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vinyl Soul Records Website.
9. Ability to Accept Terms of Service
You affirm that you are you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Vinyl Soul Records Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Vinyl Soul Records Website. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vinyl Soul Records without restriction.
Vinyl Soul Records CREDIT RETURN POLICY
Vinyl Soul Records does not refund money used to purchase credit packages. However, credits may be returned back to a Vinyl Soul Records user account if one of the following occurs:
1.) A submission has been made to a professional or contest, where a response is indicated as the Response Type, and the response has not been received within 30 days.
2.) A submission has been made to a contest, and has not been viewed within 30 days.
3.) It is determined there is a technical issue with the response.
4.) It is determined the response was completed by someone other than the Professional submitted to.
5.) A submission is declined for any reason.
All credit return requests must be made in a user account by clicking either the “Credit Return Request” button or the “Report Technical Error” button, both found underneath eligible submissions in a user account. Credit Return Requests will be processed automatically and credits will be immediately returned back to a user account. For technical errors reported, Vinyl Soul Records will review the response within three (3) business days of receiving the request. If Vinyl Soul Records determines there is a technical error, credits will be returned to the user account.
1) What personal information we collect;
2) Information from other sources;
3) Who collects the information;
4) How we use your personal information or disclose it to third parties;
5) What choices you have regarding collection, use and distribution of your personal information;
6) How to correct, update or delete your personal information;
7) What kind of security procedures we use to protect the loss, misuse or alteration of information under our control; and
8) How this policy may be amended.
“Personal information” is information that would allow someone to identify or contact you, including, for example, your full name, telephone number or email address. Personal information does not include aggregated information that, by itself, does not permit the identification of individuals.
(1) What Information Is Collected.
Users may browse through the informational portion of our Web Site without providing us with any personal information. However, if you choose to become a Customer or Professional (if applicable) and/or to submit any materials for review through the Services, we will ask for your contact information, which may include, without limitation, your name, age, gender, city, state, country, email address, a profile picture or avatar, details of your other websites and social media profiles, including links to those websites and profiles.
We also may collect personal information from you when you send us emails or submit other forms of information directly to us and collect personal information from you at other points on our Web Site that state that personal information is being collected.
(2) Information from Other Sources.
Vinyl Soul Records allows you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with Vinyl Soul Records. This includes your basic info (Name, Profile Picture, Gender, User ID, Networks, List of Friends, and any other information you made public), and your email address.
If you sign up to Vinyl Soul Records using Facebook, your Vinyl Soul Records account will be connected to your Facebook account, and you will have the ability to share your Vinyl Soul Records activity with Facebook and it will be published in your Facebook friends’ news feeds. This is not done automatically and you have the choice to share or not share your Vinyl Soul Records activity on Facebook.
Vinyl Soul Records also allows you to sign up and log in using your Twitter account. If you sign up using Twitter, Twitter will ask your permission to share certain information and abilities from your Twitter account with Vinyl Soul Records. This includes your name and email address, the ability to read Tweets from your timeline, see who you follow, and follow new people, update your profile, and post Tweets for you.
If you sign up to Vinyl Soul Records using Twitter, your Vinyl Soul Records account will be connected to your Twitter account, and you will have the ability to share your Vinyl Soul Records activity with Twitter and it will be published in your Twitter status updates. This is not done automatically and you have the choice to share or not share your Vinyl Soul Records activity on Twitter.
(3) Who Collects Your Information.
Vinyl Soul Records owns and operates the Web Site and owns and maintains the personal information collected through the Web Site. Our mailing address is 1746 Victory Blvd. Glendale, CA 91201, and our email address for privacy concerns or questions is info@Vinyl Soul Records.com.
(4) How We Use Your Information or Disclose It to Third Parties.
We may provide certain of your personal information to third-party mail houses to fulfill e-mail blasts of information or electronic newsletters related to membership or Vinyl Soul Records to our Customers. In connection with the delivery of our Services, we may share the personal information with third-party partners or vendors who help deliver or administer the Services, or with those whom we partner in connection with business ventures related to our Services, but they are only permitted to use the information in connection with the delivery or administration of our Services, or with offers to purchase related products and/or Services.. For example, we will not share your credit card information with a third-party credit card processing company. While we believe that the personal information that we share with our third-party partners (other than our payment processor(s)) will result in opportunities that may be of interest to you, you have the right to tell us not to provide this information to such third parties by either e-mailing us at the e-mail address provided in (2) above, or by sending your written request to:
Vinyl Soul Records
1746 Victory Blvd.
Glendale, CA 91201
We may share, sell or transfer the personal information you provide to us in the event of bankruptcy or the sale or transfer of substantially all of our corporate assets or capital stock.
Please note that if you provide any information on your own or directly to third parties who provide services to, or connected with, our Web Site, different rules may apply to their use or disclosure of your personal information. We encourage you to investigate and ask questions of these third parties before disclosing information to them, as Vinyl Soul Records shall have no responsibility or liability for their use or disclosure of your information.
Although your privacy is very important to us, due to the existing legal regulatory and security environment, we cannot fully ensure that your personal information will not be disclosed to additional third parties. For example, we may be forced or compelled to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event that either we or a government entity need to investigate or resolve possible problems or inquiries, we can (and you authorize us to do so) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.
(5) Choices Regarding the Controlling the Collection, Use and Distribution of Your Information.
If you do not want us to use your personal information for the purposes specified in this policy or the purpose stated at the time of your submission of such information, please do not become a Customer or Professional of Vinyl Soul Records or submit personal information to us.
(6) Correcting, Updating and Deleting Your Personal Information.
You can access and update your personal information by contacting Vinyl Soul Records at support@Vinyl Soul Records.com or calling Vinyl Soul Records Support at (818) 505-1007. Vinyl Soul Records also may make such functions available through the Web Site.
If you are a Customer and wish to delete your personal information, please contact Vinyl Soul Records at support@Vinyl Soul Records.com to request deactivation of your membership and termination of your status as a Vinyl Soul Records Customer. If you delete such information, it cannot be used by us or disclosed to third parties in the future. However, even if you delete or change some personal information in our registration database, it may still be stored on other databases (including those kept for archival purposes). Also, because we need to have certain of your personal information in order to deliver our Services, you will not be able to receive such Services if you delete such personal information.
(7) Our Security Procedures.
We have established and maintain reasonable security procedures to protect the confidentiality, security and integrity of your personal information. We collect personal information only from our Customers and Professionals. We implement significant off-line efforts to further protect this information, including limiting employee access to personal information and updating our employees regarding our security practices and privacy policies. However, please recognize that “perfect security” does not exist on the Internet, and Vinyl Soul Records cannot and does not guarantee the absolute security of your personal information.
(8) Changes to this Policy.
We hope this policy clarifies our procedures regarding your personal information. If you have any questions, you may contact us at info@Vinyl Soul Records.com.