This Terms of Service Agreement (the “TOS”) govern your access to and use of VNYL (sometimes referred to as “us” or “our” or “we”)’s website, products, and services (collectively and individually “Services”) and constitute is a legally binding agreement between us and you VNYL, Inc. also known as VNYL also d/b/a Vinylgram, located at 315 E Franklin Ave, El Segundo, California 90245, and our website is located at vnyl.org and vinylgram.co (the “Site”).
Our Services are described in the paragraphs below . On a monthly basis, we curate packages of one (SOLO) or three (TRIO) vinyl LPs that we either hand select and ship to you based on the musical interests and tastes that each user provides to us from time to time or define as Essential, a predetermined set of vinyl LPs. Users may select an additional curated or Essential allotment, new releases, upgraded shipping, and other services and products as provided for on our Site and subject to such pricing and other terms as specified on our Site from time to time. The vinyl LPs that we ship to you are yours to keep. You may not lend them to others for commercial purposes. Our members are encouraged to connect with other vinyl enthusiasts on our Site through Groups which are communities and conversations on our Site. Any vinyl LPs that are damaged upon receipt by you may be returned to us if you notify us by email within three business days after receipt of the damaged LP. We will then arrange for you to return the damaged LP at our cost by sending you a shipping label, and we will ship you a replacement LP that we select which we will send to you if and when we would otherwise send you the next monthly shipment of newly selected LPs. We will be collecting and logging what we curated for the user that may be revealed publicly (mainly to other users) at a future date except we will not reveal your name or address or other contact information unless you give us permission in advance. Information collected about the user’s music taste preferences may be shared with other 3rd party services in the future except that we will not reveal our name or address or other contact information. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services are provided and made available through our website and applications, such as mobile applications, and that such applications may be made available on various social media networking sites and numerous other platforms and downloadable programs. All of such Services, websites, related content and applications made available by us are the sole property of VNYL and its licensors. At its discretion, VNYL may offer additional website services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated, and all of the preceding in this sentence shall be deemed part of the Services. VNYL does hereby reserve the right to cancel and cease or modify, at any time, the offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that VNYL shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications. Therefore, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must immediately stop using the provided Services. The user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such VNYL shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Please review VNYL’s Privacy Notice which explains how we collect and track our personal data an protect your privacy when using our Site. By using our Services, you agree that VNYL can use such data in accordance with our privacy policies. In order to access certain Services, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to us and our vendors, such as Google, will always be accurate, correct and up to date.
In order to register or use our Services you must be 18 years of age or older. In addition, you must be in good standing and not an individual that has been previously barred from receiving VNYL’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to: furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, an maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, VNYL will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Services, or any portion thereof. It is VNYL’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the VNYL website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify VNYL immediately if you notice any unauthorized access or use of your account or password or any other breach of security. VNYL shall not be liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
You hereby acknowledge that by using vnyl.org and vinylgram.co to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, and audio recordings, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state and pledge that you: are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
VNYL shall not lay claim to ownership of any content submitted by any visitor , member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for VNYL the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: The content submitted or made available for inclusion on the publicly accessible areas of VNYL’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of VNYL’s sites, and shall terminate at such time when you elect to discontinue your membership. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of VNYL’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of VNYL’s sites and shall terminate at such time when you elect to discontinue your membership. For any other content submitted or made available for inclusion on the publicly accessible areas of VNYL’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of VNYL’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members . However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging .
VNYL provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Site, you acknowledge and agree that: your Contributions do not contain any type of confidential or proprietary information; VNYL shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; VNYL shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; the contributor’s Contributions shall automatically become the sole property of VNYL; and VNYL is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to indemnify and hold VNYL, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors and their respective successors and assigns harmless and not liable for any liability, obligation, claim, expense, fees or demand, which may include, but is not limited to, reasonable attorney fees, made with respect to any claims by any third party, which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of these Terms of Service and/or your violation of any rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to VNYL’s sites.
You herein acknowledge that VNYL may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by VNYL, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on VNYL’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that VNYL has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, VNYL shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on VNYL’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on vnyl.org. It is your agreement to this TOS which establishes your consent to allow VNYL to store any and all communications on its servers.
VNYL shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of vnyl.org, you may cancel or terminate your account, associated email address and/or access to our Services by emailing pause [at] vnyl.org or visiting Your Account Settings and choosing Pause plan or calling the provided toll free number, where applicable. You shall not be entitled to any refund of any fees or monies paid to us prior to such cancellation or termination if any of such fees or monies were for future services or products that were not rendered to you. As a member, you agree that VNYL may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; by way of requests from law enforcement or any other governmental agencies; the discontinuance, alteration and/or material modification to our Services, or any part thereof; unexpected technical or security issues and/or problems; any extended periods of inactivity; any engagement by you in any fraudulent or illegal activities; and/or the nonpayment of any associated fees that may be owed by you in connection with your vnyl.org account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with vnyl.org shall include any and/or all of the following: a. the removal of any access to all or part of the Services offered within vnyl.org; b. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c. the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that VNYL shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either VNYL or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that VNYL shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services or Services made available on or through any such Site or resource.
You do hereby acknowledge and agree that VNYL’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content (“Content”)which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by VNYL or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on VNYL Services (e.g. Content or Software), in whole or part. VNYL herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by VNYL for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: THE USE OF VNYL SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. VNYL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VNYL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) VNYL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) VNYL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE VNYL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF VNYL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VNYL OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VNYL AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: THE USE OR INABILITY TO USE OUR SERVICE; THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE; AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. VNYL’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. VNYL and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
VNYL may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the VNYL trademarks, copyright, trade name, service marks, and other VNYL logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of VNYL. You herein agree not to display and/or use in any manner the VNYL logo or marks.
VNYL will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, VNYL may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the website which you allege has been infringing upon your work;
The physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The VNYL Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
315 E Franklin Ave
El Segundo, California 90245
Email: [email protected]
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BE IT KNOWN, that VNYL complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at vnyl.org. ARBITRATION If you reside in the United States (including its possessions and territories), you and VNYL agree that any dispute, claim or controversy arising out of or relating in any way to the Services or this TOS shall be determined by binding arbitration or in small claims court. Arbitration replaces the right to go to court, including the right to a jury and the right to participate in a class action or similar proceeding . Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this TOS, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and VNYL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of any Services. If you elect to seek arbitration or file a small claim court action, you must first send to VNYL, by certified mail, a written notice of your claim (“Claim Notice”). The Claim Notice to VNYL must be addressed as follows: VNYL Attn: Copyright Agent 315 E Franklin Ave El Segundo, California 90245. If VNYL initiates arbitration, it will send a written notice to the email address used for your account. A notice, whether sent by you or by VNYL, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If VNYL and you do not reach an agreement to resolve the claim within 30 days after the notice is received, you or VNYL may commence an arbitration proceeding or file a claim in small claims court. The payment of all filing, administration and arbitrator fees with respect to any arbitration action will be governed by the AAA Rules and you and VNYL shall each pay one half of the administration and arbitrator fees and the party that filed the claim shall pay 100% of the filing fee. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA.. The arbitrator is bound by the terms of this Section __ (the “Arbitration Agreement.”). All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Any arbitration hearings will take place in Los Angeles County, California. YOU AND VNYL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VNYL agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and VNYL and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to VNYL Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other VNYL Services, affiliate services, third-party content or third-party software. CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and VNYL with regard to the TOS that the relationship between the parties shall be governed by the internal laws of the state of California without regard to its conflict of law provisions. Subject to Paragraph __ which requires that any and all claims, causes of action and/or disputes between you and VNYL arising out of the Services or this TOS or the enforcement of this TOS be resolved pursuant to binding arbitration, to the extent a party files a lawsuit with a court , arising out of or relating to the TOS, or the relationship between you and VNYL, or the enforcement of any provisions of this TOS, such lawsuit shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and VNYL agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should VNYL fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable by you and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to VNYL as follows:
Attn: Copyright Agent
315 E Franklin Ave
El Segundo, California 90245
Email: [email protected]
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This website collects various types of information, such as:
• Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
• Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Our website shall collect personal information that you provide by way of surveys, completed membership forms, and emails. VNYL may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining our Services. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
VNYL does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected] If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
We may from time to time let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies and device identifiers is subject to their own privacy policies. Advertisers or other companies do not have access to VNYL’s cookies. Your Ability to Edit and Delete Your Account Information and Preferences You can edit your account information at any time. You can delete your account by emailing a request to [email protected] We may retain some information in our archived records after your account has been deleted. Do Not Track Settings on Your Browser If you have certain privacy concerns, you may set your browser to block all cookies, including cookies associated with our Services, or to indicate when a cookie is being set by us. However, please note that many of our Services may not function properly if your cookies are disabled.
VNYL shall take reasonable precautions to maintain reasonably adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to reduce the risk of any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. VNYL also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, VNYL is a licensee of TRUSTe.
Email: [email protected]
315 E Franklin Ave.
El Segundo, California 90245
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Ongoing Membership. Your VNYL membership will continue month-to-month, quarterly or annual basis unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the VNYL service. We will bill the recurring membership fees to your Payment Method. You must cancel your membership at least 24 hours before it renews each month in order to avoid billing of the next membership fees to your Payment Method.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this TOS will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with VNYL by visiting our website and Your Profile Page. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Gift Card Memberships. To activate your Gift Card membership you will need a valid credit or debit card. You will only be charged at time of activation and during use of the membership for incidentals or items that are not included in the monthly allotment of vinyl records. Your Gift Card VNYL membership will continue on a month-to-month, quarterly or annual basis unless the redeemer of the gift card cancels the membership or we terminate it. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the VNYL service.
By starting your VNYL membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the VNYL service to your Payment Method. You acknowledge that the amount billed each month may be subject to increase or decrease due to changes you change or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
We reserve the right to adjust pricing for our Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this TOS, any price changes to your service will take effect following email notice to you.
The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership or the calendar day preceding such date . Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing. Your renewal date may change due to changes in your Membership. Visit our website and Your Profile Page to see the commencement date for your next renewal period.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, in our sole discretion, we may provide a refund, discount, or other consideration to some or all of our members (“credits”), and we are not obligated to provide you any credit in the future with regard to the same or similar or different circumstance.
You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the VNYL website. You remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
You may alter or cancel your VNYL membership at any time by calling our toll free number +1-877-777-6380 as indicated on your account page on our Site. You will not have access to your membership and any unused months of service after such cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PERIODS OF TIME THAT WERE PAID FOR IN ADVANCE FOR MEMBERSHIPS AFTER HONORING YOUR CANCELATION.