Terms of Service

 

Last Updated: March 3, 2019

 

Welcome to Vinyl Dreams!

 

Please read these terms and conditions carefully. IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 14 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH VINYL DREAMS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

 

1.  Acceptance of Terms & Registration

 

1.1 These Terms of Service (the “Terms” or “Agreement”) together with our Privacy Policy constitute the agreement between Vinyl Dreams LLC (“Vinyl Dreams” “we”, “us”) and you (“you” or “user”), as user of the Vinyl Dreams application, website, related software, content, and other services owned or operated by Vinyl Dreams (collectively “the Service”), as further defined in these Terms. These Terms describe both your rights and your obligations as part of using the Service and it is important that you read it carefully. By using the Service, you agree to be bound by the terms and conditions described below.

 

1.2 You affirm that you are at least 18 years of age.  If you are not 18 years of age but you are at least the age of 13, you may use the Service only if your parent or guardian agrees to be bound by these Terms.  Parents and guardians of users under the age of 18 agree to the Terms, and any reference to you as the user shall include the parent or guardian. Vinyl Dreams is not directed to anyone under the age of 13 so if you are under the age of 13 you are not permitted to access or use the Service.

 

1.3 If you are entering into these Terms on behalf of a company or partnership, you represent that you have the authority to bind such entity and its agents (including partners) and affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, its agents and affiliates, as applicable. If you do not have such authority, or if you do not agree with the Terms, you may not use the Service.

 

1.4 As our business evolves, Vinyl Dreams may change these Terms. We will promptly notify you if we make a material change to the Terms. Your continued use of the Service will constitute acceptance of the revised Terms.  You can review the most current version of the Terms at any time by visiting this page. If any change to the Terms is not acceptable to you, your only remedy is to cancel your account and stop using the Service.

 

1.5 You must create an account to access the Service. You are responsible for providing truthful and accurate registration information and for maintaining the confidentiality of your account username and password and for any and all use of your account.

 

2.  Use of the Service; License; Social Media Integration.

 

2.1 The Service is a music production, and distribution Service and includes but is not limited to the Vinyl Dreams website accessed at www.vinyldreams.com and all software, applications, data, text, images, and other content, functionality and services made available through the application and website. Any new features added to or improving the Service are also subject to these Terms. Vinyl Dreams reserves the right to modify or discontinue the Service or any of its features or functionality at any time without notice to you.

 

2.2 Limited License. Vinyl Dreams grants you a limited, personal, nonexclusive, non-sublicensable license to access and use the Service only for lawful, authorized purposes in accordance with these Terms and you shall not misuse the Service in any manner (as determined by Vinyl Dreams in its sole discretion). You shall comply with any codes of conduct, policies, or other notices Vinyl Dreams provides you or publishes in connection with the Service from time to time. Any rights not expressly granted herein are reserved by Vinyl Dreams. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Service in whole or in part without our express prior written authorization.

 

2.3 Social Media Integration.  The Service allows you to directly integrate certain third party online social media services, which may include Twitter, Facebook, SoundCloud, YouTube, and Instagram (“Social Media Accounts”) into your profile on the Service. As part of such integration, you may have to authenticate, register for or sign into the Social Media Account directly through the website of the third party social media provider.  By integrating your Social Media Accounts, you agree that Vinyl Dreams will have access to certain information that you may have provided to such Social Media Accounts and that Vinyl Dreams may send you communications through your Social Media Accounts, as further described in our Privacy Policy and these Terms.  Vinyl Dreams, however, does not make any representations as to how third party social media companies may handle your information, and you should review their terms carefully, and you agree that you will adhere to such third-party terms as applicable.  Vinyl Dreams is not responsible for the actions or policies of such third party social media providers. Vinyl Dreams does not recommend or endorse any particular Social Media Account and disclaims any liability with respect to your Content or other users Content from your Social Media Accounts that may be distributed through or stored on the Service.

2.4 Mobile Devices and Texts.  The Service may be available via a mobile device, including the ability to browse the Service from the mobile device and/or the ability to access certain features through an application downloaded and installed on a mobile device.  To the extent you access the Service through your mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  By using the Service on your mobile device, you agree that we may communicate with you by notifications, text message, or other electronic means to your mobile device.

 

2.5 Third Party Content.  As part of using the Service, you may access content from a third party, including websites, applications, and platforms, and other users of the Service (“Third Party Content”). You understand that Third Party Content is not under the control of Vinyl Dreams and agree that Vinyl Dreams is not responsible for Third Party Content. Vinyl Dreams provides access to Third Party Content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use the Service and all Third Party Content at your own risk and assume full responsibility for any such use. If you come across any content which seems to you to be illegal, you may contact Vinyl Dreams by by email at info@vinyldreams.com

 

2.6 Disputes With Other Users.  You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Vinyl Dreams will have no liability or responsibility with respect thereto. Vinyl Dreams reserves the right, but has no obligation, to become involved in any way with any disputes between you and any other user of the Service (unless required by applicable law.

 

3. Your Content.

 

3.1 Your “Content” means any data, information and content stored or distributed via the Service by you, including without limitation messages you send, profile information, pictures, streaming videos, streaming music, data, and anything else you enter, upload, or sync onto Vinyl Dreams.

 

3.2 License Grant. By creating Content using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to your Content to enable your use of the Service. You grant Vinyl Dreams rights in your Content solely for purposes in connection with the Service.

 

3.3 You are responsible for your Content and all communications with others while using the Service. We may choose to review your Content for compliance with these Terms and our policies and guidelines, but you acknowledge that Vinyl Dreams has no obligation to monitor any Content or information on the Service. We are not responsible for the accuracy, appropriateness, or legality of your Content or any other information that you or other users may be able to access using the Service. You agree that Vinyl Dreams may remove or disable any Content from the Service at any time for any reason or for no reason at all.

 

4. Prohibited Content and Prohibited Conduct.

             4.1 You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content”               includes Content that:

            4.1.1 infringes third party rights, including any intellectual property rights (e.g., copyright, trademark, patent, and trade secret                      rights), publicity/privacy rights, contract rights or otherwise;

            4.1.2 is knowingly false or intended to mislead, confuse, impersonate or deceive others;

            4.1.3 promotes illegal, discriminatory, violent, or harmful activities or substances;

            4.1.4 is harassing, threatening or insulting to others;

            4.1.5 violates any law, including without limitation privacy rules, regulations, and best practices;

            4.1.6 is defamatory, obscene, pornographic, vulgar or offensive;

            4.1.7 involves the transmission of “junk mail,” or unsolicited mass mailings; or

            4.1.8 creates liability for Vinyl Dreams or otherwise violates the Terms.

4.2 You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Service. “Prohibited Conduct” includes doing things like:

            4.2.1 introducing any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful                        otherwise attack or interfere with the Service;

            4.2.2 attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the                    Service is stored, or any server, computer or database connected to the Service or use any robot, spider or other automatic device,               process or means to access the Service for any purpose;

            4.2.3 restricting or inhibiting any other user from using and enjoying the Service;

            4.2.4 promoting, encouraging, advocating, or providing information about illegal activities via the Service;

            4.2.5 harassing, threatening, disrespecting or hurting others;

            4.2.6 impersonating another person or representing yourself as affiliated with us or other industry professionals;

            4.2.7 soliciting passwords, account information or other personal information from other users;

            4.2.8 conducting commercial activities and/or promotions or advertisements via the Service;

            4.2.9 using the Service for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign                  laws, regulations, or treaties; or

            4.2.10 otherwise creating liability for Vinyl Dreams.

 

5. Intellectual Property and Ownership; Feedback.

 

5.1 Except as otherwise provided, you may use the audio content (“Audio Content”) contained or otherwise provided through the Service on a royalty-free basis to create your own original audio projects. You may broadcast and/or distribute your own audio projects that are created using the Audio Content, however the Audio Content may not be otherwise distributed commercially or on a standalone basis, nor may it be repackaged in whole or in part as audio samples.

 

5.2 You acknowledge that all intellectual property rights, including trademark, copyright, patent, and trade secret rights, in our Service, and the underlying technology are owned by Vinyl Dreams and our licensors and suppliers and are protected by intellectual property laws throughout the world.  All rights, title, and interest in and to the Service not expressly granted in this Agreement are reserved by Vinyl Dreams.  

5.3 Except for the licenses granted in these Terms, you and your licensors retain any intellectual property rights in your Content.

 

5.4 If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Service (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

 

6.  Purchases. The Service may offer a feature that allows for you to purchase digital downloads (“Purchases”).  All Purchases shall be made through our third party payment provider and you agree to provide accurate payment details and to abide any applicable third party payment terms. Vinyl Dreams makes no representations about the Purchases, including regarding its quality or suitability.  Vinyl Dreams does not issue refunds.

 

7. Privacy. Please refer to our Privacy Policy located at https://www.vinyldreams.com/privacy-policy  which is incorporated herein as part of these Terms, for information on how we collect, use and disclose information we receive from you.

 

8. Copyright Policy.

 

8.1 Notice. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  If you are a copyright owner or an agent of one, and you believe that any content on the Service infringe your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent, as described below, the following information in writing:

 

• Your physical or electronic signature as the owner or the signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

 

• 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.

• Identification of the content 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 us to locate the content.

 

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as the copyright owner, or its agent, or the law.

 

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit all notifications to Vinyl Dreams’ Designated Copyright Agent at:

Agent: Dean Goodermote

Address: Vinyl Dreams, PO Box 313, Stowe VT. 05672

Phone: (802) 526-4692

Email: info@vinyldreams.com

8.2 Counter-notice. In order to ensure that copyright owners do not wrongly insist on the removal of content that actually does not infringe their copyrights, we will notify the users if their content has been removed and provide them with an opportunity to send us a counter-notice. If you believe that your Content should not have been taken down because it is not infringing, then you may send a counter-notice.  A proper counter-notice must contain the following information:

• Your name, address, phone number and physical or electronic signature.

• Identification of the material and its location before removal.

• A statement under penalty of perjury that the material was removed by mistake or misidentification.

• Your consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

Please submit all notifications to our Designated Copyright Agent, as specified above. In the event we receive a proper counter-notice, we will give notice to the original complainant, and if the original complainant does not file a proper response within the statutory time period, then we will restore the material that was taken down.

 

8.3 We will promptly terminate without notice those accounts of users which we determine are “repeat infringers.” A repeat infringer is a user who has been notified by us of infringing activity violations more than once.

9. Third Party Service and Our Service.

Our Service may contain links to other products and services of third parties (“Third Party Services”). These Third Party Services are not under our control, and we are not responsible for their content, goods, services, performance, operation, availability, business practices or policies. We are making these Third Party Services available to you only as a convenience but we do not imply any endorsement or recommendation of such. If you access any of these Third Party Services, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties are your responsibility. The websites available through the Third Party Services are subject to their own terms and policies, including privacy and data gathering practices.

 

10. Termination and Suspension.

 

10.1  Suspension by you. You can suspend your account profile at any time.  You can unsuspend your account at any time to instantly restore your profile.

 

10.2 Termination by you. You can terminate your account at any time by deactivating your account or by providing notice of termination to Vinyl Dreams.   If you terminate your account, you may not be able to recover your Content. Monthly and yearly subscriptions can be cancelled at any time however no partial refund is permitted. As long as you continue to access the Service, the Agreement will continue to apply to you notwithstanding that you are no longer a registered user.

10.3 Termination by Vinyl Dreams. We reserve the right to terminate or suspend your account or your access to any or all portions of the Service at any time, for any reason, including but not limited to your violation or breach of any provision in these Terms.

 

10.4 Effect of Termination. If your account or access to our Service is terminated by Vinyl Dreams,you will not have further right to access your account or our Service and all Content on our servers will no longer be accessible to you and may not be recoverable.  If you voluntarily terminate your account without cause, while we will not intentionally delete the music creation mechanism on your device, you will not be able to share, get updates, or receive new content; you may, however, be able to play with your music creation as long as it works on your current device. Vinyl Dreams, nevertheless, makes no representations and warranties with respect to whether you will be able to continue to use your music creation after termination by you. The following sections survive termination of this Agreement: 3.2, 5, 8, 9, 11.6, 12, 13, 14, 15, 16 and any other section or sub-section that by its nature reasonably survives termination of these Terms.

 

10.5 Vinyl Dreams reserves the right to investigate and take appropriate action and report any illegal conduct.

 

10.6 Vinyl Dreams reserves the right to access and disclose any information it considers necessary or appropriate, in order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and Service.

 

11. Disclaimer. The Service, including user, your Content, Third Party Content, Merchandise, and any information therein is provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Service will provide a specific result or be provided uninterrupted, accurate, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINYL DREAMS DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. Your access and use of our Service as well as your access to and use of Third Party Service is at your own risk.

 

12. LIMITATION OF LIABILITY. VINYL DREAMS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOU OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE SERVICE, YOUR CONTENT OR OTHER DATA OR INFORMATION, YOUR REPUTATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINYL DREAMS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS PROFITS) ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICE, INCLUDING, YOUR MERCHANDISE, ANY CONTENT,  SOCIAL MEDIA ACCOUNTS, THIRD PARTY CONTENT OR ANY THIRD PARTY SERVICE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL VINYL DREAMS BE LIABLE FOR MORE THAN THE AMOUNT PAID BY YOU TO VINYL DREAMS, IF ANY, IN THE MONTH DIRECTLY PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS OF SERVICE AND THAT VINYL DREAMS DOES NOT ALLOW ACCESS TO THE SERVICE WITHOUT ACCEPTANCE OF THESE TERMS OF SERVICE. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF VINYL DREAMS FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF VINYL DREAMS, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF VINYL DREAMS; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification. You agree to defend, indemnify, and hold Vinyl Dreams and its affiliates, third party suppliers, and users, harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (i) your use of the Service, including communications with other users; (ii) your Content; or (iii) your violation or breach of any provision of the Terms or your violation of any rights of a third party or applicable laws.

14. Arbitration Agreement. Most user concerns can be resolved quickly and to the user's satisfaction by emailing support@vinyldreams.com. In the unlikely event we are unable to resolve your complaint to your satisfaction informally, you agree that you are required to resolve any claim you may have against Vinyl Dreams in arbitration on an individual basis (no class actions) in accordance with the rules then in effect with the American Arbitration Association for single arbitrators or in small claims court rather than in a court of general jurisdiction. You acknowledge and agree that you and Vinyl Dreams are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Vinyl Dreams otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Vinyl Dreams each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitrator shall apply Massachusetts law to the merits of the dispute or claim, without reference to conflicts of law rules. The AAA rules will govern payment of all arbitration fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Vinyl Dreams will pay all such fees, unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

In the event that the agreement to arbitrate or any provision herein is found not to apply to you or your claim, you and Vinyl Dreams agree that any judicial proceeding (other than small claims actions or injunctive relief) will be brought in the federal or state courts of Suffolk County, MA. Both you and Vinyl Dreams consent to venue and personal jurisdiction there.

15. General Provisions. These Terms of Service, along with the Privacy Policy and any other Vinyl Dreams guidelines or rules, constitute the entire agreement between you and Vinyl Dreams regarding your use of our Service, which supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms is not a waiver of such right or provision.  If any provision in these Terms, for any reason, is held to be invalid or unenforceable, the other provisions will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The rights or obligations to use the Service are personal to you and are not assignable, and any such attempted assignment or transfer shall be void and without effect. These Terms will be governed and interpreted by and under the laws of the State of Massachusetts, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction.  Any claim relating to these Terms must be filed within one year of the date the claim arose or else is waived by you.

16. Contacting Us. If you have any questions about these Terms, please contact us at info@vinyldreams.com

 © 2019 by Vinyl Dreams LLC

 

Terms of Service