Terms & Conditions
1. LIMITED LICENSE TO USE WEB SITE
Vinyled is pleased to grant you, as a user of this Web Site, a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and the Materials in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. Vinyled may terminate this license at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you.
2. LIMITATIONS ON USE
The Materials on this Web Site are only for your personal use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Materials without Vinyled's prior written permission; please notify us at info@vinyled.com and we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms Vinyled, our employees, directors or other representatives or users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or the Materials is prohibited.
3. INTELLECTUAL PROPERTY RIGHTS
You agree that the Materials and the Web Site are protected by applicable copyrights, trademarks, service marks, or other proprietary rights and laws, all of which belong to Vinyled.
4. LINKING TO THIS WEB SITE
This Web Site does not endorse links to other Internet sites or the information, material, products or services contained on or accessible through this Web Site and you access and use any link at your own risk. You are welcome to provide links to the pages of this Web Site provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms and conditions, the copyright notice, or other notices on this Web Site, and (b) you discontinue providing links to this Web Site if requested by Vinyled.
5. LICENSE OF YOUR OWN MATERIALS TO VINYLED FOR USE ON THIS WEB SITE
By uploading content to or submitting any materials for use on this Web Site you do not convey any ownership in those materials to Vinyled but you automatically grant (and promise that you are entitled to grant) or warrant that the owner of such any materials has expressly granted Vinyled a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that Vinyled uses such materials in a manner consistent with Vinyled's general business. You agree that you shall have no recourse against Vinyled for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or the materials you upload or submit.
6. REGISTRATION
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Vinyled with accurate and complete registration information. It is your responsibility to inform Vinyled of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular Vinyled licensing service authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify Vinyled immediately at info@vinyled.com.
7. ERRORS AND CORRECTIONS
Vinyled does not promise that this Web Site or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. Vinyled does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. Vinyled may make improvements and/or changes to its features, functionality or Materials at any time.
8. THIRD PARTY CONTENT
Third party content may appear on this Web Site or may be accessible by way of links from this Web Site. Vinyled is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content appearing on this Web Site or accessible through it. You understand that the information and opinions in the third party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, Vinyled or any of its employees, directors or other
representatives.
9. DISCLAIMER
THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS. VINYLED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. VINYLED DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (b) ANY THIRD PARTY WEB SITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (c) THE UNAVAILABILITY OF THIS WEB SITE, THE MATERIALS, OR ANY PORTION THEREOF, (d) YOUR USE OF THIS WEB SITE OR THE MATERIALS, OR (e) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE MATERIALS. You may have additional consumer rights under your local
laws which these Terms of Use do not change.
10. LIMITATION OF LIABILITY
VINYLED IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE MATERIALS, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. VINYLED IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (b) ANY MATERIALS
ON THIRD PARTY WEB SITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (d) ANY INCOMPATIBILITY BETWEEN THIS WEB SITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (e) ANY DELAYS OR
FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH VINYLED OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER VINYLED KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, VINYLED'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms and conditions may not be brought more than six months after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.
11. INDEMNIFICATION
You hereby indemnify and agree to defend and hold harmless Vinyled, its officers, directors, employees, agents, licensor's and suppliers, its participating copyrights and users, and any third party information providers to this Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any other applicable Vinyled terms and conditions, by you.
12. THIRD PARTY RIGHTS
The provisions of paragraphs 9 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) are for the benefit of Vinyled and of each of the other persons listed in paragraph 11. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.
13. UNLAWFUL ACTIVITY
Vinyled reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
14. REMEDIES FOR VIOLATIONS
Vinyled reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Vinyled Web Sites and their features.
15. GOVERNING LAW AND JURISDICTION
By visiting vinyled.com, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute between you and Vinyled. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in Los Angeles, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
16. SEVERABILITY OF PROVISIONS
The Terms and Conditions incorporate by reference any notices contained on this Web Site, Vinyled's Privacy Policy and the terms and conditions applicable to each of Vinyled's licensing or other services. Altogether they constitute the entire agreement between you and Vinyled with respect to access to and use of this Web Site and the Materials. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific Vinyled licensing or other service terms and conditions that are applicable to the circumstances, then that provision of these Terms and Conditions shall be deemed severable from the remaining provisions and shall not affect the latter's
validity or enforceability.
17. MODIFICATIONS TO TERMS OF USE
Vinyled may make changes to these Terms and Conditions at any time. When we make any material change, we will inform you by updating the date at the top of this page. Updated versions of these Terms and Conditions will appear on this Web Site and are effective immediately. Please review these Terms and Conditions regularly. Continued use of this Web Site after any such changes constitutes your consent to such changes.