TERMS OF USE

This website is owned by Vinyl Visions, LLC. We thank you for visiting our website and provide the following Terms of Use to govern your use of this Site.

Questions About Our Terms of Use

Should you have any questions concerning these Terms of Use, please contact us by email at [email protected]

 

Consent to These Terms of Use

You are consenting, by accessing or using our website, to comply with and be bound by these Terms of Use. WARNING: Do not utilize this website if you do not agree with these Terms of Use.

 

Consent to Online Privacy Policy

We have described our data practices, as they relate to information collected through our website, in our Privacy Policy. Please read our Privacy Policy as it is an integral part of and is incorporated into these Terms of Use.

 

Consent to Other Agreements

When signing up to utilize a special feature of our website, you may be asked to agree to special terms governing your use of the special feature. You may be asked to expressly consent to the special terms, in such a situation. By way of example, you may be asked to check a box or click on a button marked “I agree,” (“click-through agreement”) If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

 

Terms of Use May Change

We reserve the right to update or modify our Terms of Use at any time and without prior notice, by posting a revised version of our Terms of Use on our website.The use of this website, following any such change of Terms of Use, constitutes your agreement to the revised Terms of Use. The current version of the Terms of Use may be accessed at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the public areas of our website.

 

Definitions

1. Content: All software and code comprising or used to operate our website, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our website.

 

1.  Feedback: The Content you post on or through our website specifically surrounding how we can improve our website and the products and services we make available through our website.

 

1.  Our Website: Refers to the website owned by Vinyl Visions, LLC.

 

1. Terms of Use: Refers to our website Terms of Use.

 

1. User-Generated Content/UGC: All materials posted by you on or through our website using the social-networking or product-review tools we may make available to you that does not constitute Feedback.

 

1. We, us and our: Refers to Vinyl Visions, LLC.

 

Ownership of this Website and its Content

Our website and all contents contained therein are protected under applicable intellectual property and other proprietary laws of the United States and are the property of Vinyl Visions, LLC, or included with the permission of the rights owner and protected under applicable copyright and trademark laws.

Content presented on our website is not intended to constitute a waiver of any right in and you do not acquire any ownership rights to any Content viewed through our website. Further, unless otherwise provided herein, none of the Content of this website may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted through any means or in any form including, but not limited to, electronic, photocopying, recording, scanning, mechanical, or otherwise, without express prior written permission from Vinyl Visions, LLC.

To the extent necessary to lawfully access, use, display, download, or print portions of our website for your personal, temporary, noncommercial use only, we grant you permission to utilize the same, provided the Content is not (i) modified by you; (ii) retains any and all copyright and other proprietary notices contained within it; and (iii) is not copied or posted by you on any network computer or broadcasted in any media.

 

Trademarks

All names, logos, product names, page headers, custom graphics, button icons, trademarks (whether registered or not), service marks and trade dress appearing on our website, unless otherwise noted are owned by and the property of Vinyl Visions, LLC (the “Marks”). All trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on our website belonging to or property of others are utilized with full authority of those by whom they are owned. You are not authorized to display or use the Marks without our prior written permission, for any reason. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress owned by others and authorized for feature on our website without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained on our website, except as expressly permitted herein, is expressly prohibited by law.

We do not knowingly violate or permit violation of copyrights of others and will promptly remove or disable access to material we know or believe is infringing or where we become aware of circumstances from which infringing activity is apparent.

 

Should you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our website or has been otherwise copied and made available on our website in a manner you believe constitutes copyright infringement, we ask that you notify us immediately in writing. Such notice must include:

1. electronic or physical signature of the copyright owner or his/her agent;
2. a description of the copyright you claim is being infringed upon;
3. a description of where the infringement material is located on our website

(including the URL, title and/or item number if applicable, or other identifying

characteristics);

1. your name, the name of the owner of the copyright ( if not you), address, telephone

number, and email address;

1. written statement of good-faith belief the disputed use is not authorized by the

copyright owner, its agent, or the law; and

1. a statement, made under penalty of perjury, that the information in your notice is

accurate and that you are the copyright owner or authorized to act on behalf of the copyright.

Please send this statement to Vinyl Visions, LLC at [email protected]

User-Generated Content

We are not responsible for UGC that you post and by posting any UCG on our website,you accept full responsibility for any UGC you choose to post on our website. Under no circumstances will Vinyl Visions,LLC be held liable for any UGC you submit. You are solely and completely responsible for all UGC that you post and can be held personally liable for comments that are defamatory, obscene, libelous, or in any way violate these Terms of Use, violate an obligation of confidentiality, or violate the rights of others. Prior to posting any UGC that is not your original work, you are responsible to obtain any necessary permission to post it. We will have no responsibility in this regard.

Vinyl Visions, LLC does not control the UGC posted on or through our website. Therefore,we cannot, do not and will not warrant or guarantee the truthfulness, integrity, suitability, or quality of such UGC. It is agreed and understood by you that in accessing our website, it is possible you will encounter UGC that you may consider to be objectionable and we have no responsibility for any such UGC , including without limitation any errors or omissions therein.  You agree, understand and confirm your understanding in utilizing our website, that we are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through our website, that such UGC expresses the personal opinions of the individuals who posted it and do not necessarily reflect our views or the view of any person or entity associated with us.

While you own the UGC, we may use it. You own, and we do not claim any rights to,the copyright in any original UGC you post. However, in utilizing our website, you willingly and knowingly grant us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty‐free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain re-purpose, and commercialize any UGC you post in any and all media or form of communication, whether now existing or hereafter developed, without the need to obtain additional consent, and without restriction, the need for notification or attribution, and without compensating you in any way, and further to authorize others to do the same. DO NOT POST ANY UGC THAT YOU DO NOT WISH TO LICENSE TO US, INCLUDING ANY PHOTOGRAPHS, VIDEOS, CONFIDENTIAL INFORMATION OR PRODUCT IDEAS.

 

Vinyl Visions, L L C retains the right, but not the obligation, to:

1. Monitor any and all UGC;
2. Demand avoidance of certain subjects;
3. Block and/or remove UGC at any time, with or without notice and at our sole and

absolute discretion;

1. Disclose UGC and identity of the user of the UGC posted in response to a subpoena or whenever disclosure believed to be appropriate to comply with the law or a court order or to prevent or investigate a possible crime or other violation of law or protect our rights and the rights of or others, or to enforce our Terms of Use; and
2. In our sole discretion, to terminate access to and use of our website or to modify, edit or block transmissions to our website and in exercising such discretion you agree and understand that we shall not be rendered to be the owners of UGC you post, and that you will retain ownership thereof as described above.

 

Vinyl Visions, LLC retains the right, but not the obligation, to restrict the use of UGC on our website and it is a condition of these Terms of Use that no UGC is uploaded, posted, transmitted or otherwise made available that:

1. is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
2. constitutes or encourages illegal activity under criminal or civil law;
3. is false, misleading, or fraudulent;
4. you do not have a right to make available under any law, contractual or fiduciary

relationship (including, but not limited to, information, proprietary and/or confidential learned or disclosed as part of an employment relationship or protected under the terms of a non-disclosure agreement);

1. violates or infringes upon the rights of others, (Including but not limited to rights obtained through patent, copyrights, trademark, privacy, publicity, trade secret, confidentiality, contract, or any other right of any individual or any legal entity;
2. contains the image, name, or likeness of anyone, other than yourself, without first ensuring such person is at least eighteen years old and you have his/her express permission or that person is under the age of eighteen and you have the express permission of his/her parent or legal guardian;
3. requests or solicits any personal or private information from any individual;
4. requests or solicits money, goods, or services for private gain;
5. contains software viruses or any other computer code, files or programs designed

to interrupt,destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

1. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
2. violate any local, state, national or international law, rule or regulation.

 

You represent and warrant, by posting UGC to our website,that (i) all of the rights to the UGC are owned and controlled by you and that you have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you are at least eighteen (18) years of age, have read and understood these Terms of Use, your UGC fully complies with these Terms of Use and the applicable laws and will not cause injury to any person or entity, including Vinyl Visions, LLC.

 

Removal of Content

If you find any UGC objectionable, you may report such objectionable UGC by contacting Vinyl Visions, LLC at [email protected]. The reporting of objectionable UGC does not require and we have no obligation to remove UGC from our website. However,we will review all such requests thoroughly and completely and will remove UGC we determine is objectionable and should be removed, at our sole discretion, in accordance with these Terms of Use and the applicable law. If, however, the UGC has already been distributed to other websites or published in other media, please take notice that we will not be able to recapture and delete it and a back‐up or residual copy of the UGC removed from our Sites may remain on back-up servers.

Feedback

While we claim no ownership to UGC posted by you, any Feedback you choose to provide us will be and remain our exclusive property. Submission of Feedback constitutes an assignment to its use worldwide, as well as title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any and all Feedback submitted by you for any purpose whatsoever, without restriction and without compensating you in any way, at our sole discretion. DO NOT SEND US ANY FEEDBACK YOU DO NOT WISH TO ASSIGN TO US.

 

Disclaimer of Warranties

 We make no representations or warranties with respect to our website or its content, or any product or service available on or promoted through our website. Our website and all of its content are provided for your use “as is” and on an“as available” basis. To the fullest extent permitted by law, we specifically disclaim all warranties, express or implied, arising from statute, custom, course of dealing or performance or in any other way, including without limitation implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to our website, its content, all products or services available thereon or promoted through our website, and/or any site to which our website is now or may be in the future linked.

Without limitation, we do not represent or warrant that our website, its servers, or any

transmissions sent from us or through our website will be free of any harmful components (including viruses) nor do we make any representations or warranties as to whether the information accessible on our website or any website to which our website is linked, is accurate, complete, or current and are not responsible for any errors or omissions in any content appearing on our website.

We cannot and do not represent or warrant continuous, uninterrupted or secure access to or use of our website and by utilization of our website you accept and understand that our shareholders, owners, officers, directors, employees and other representatives shall have full benefit of this clause.

The limitations and disclaimers set forth herein will not limit or restrict any manufacturer’s warranty covering any certain products offered on our website and nothing in these Terms of Use will affect any statutory rights to which any user of the website may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

 

Exclusion of Liability

 

On behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, and to the fullest extent permitted by applicable laws, Vinyl Visions, LLC, excludes and disclaims liability for any losses and expenses of every kind and nature and howsoever arising including, without limitation, any and all direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, whether we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of our website or any website to which our website is linked, or any merchandise available on our website. You agree to assume total responsibility for establishing such procedures for data back-up and virus checking as you consider necessary prior to utilization of our website. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.

 

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).

 

 Through these Terms of Use you are given rights which vary from country to country and some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Additionally, other jurisdictions allow limitations and exclusions subject to certain conditions and in such cases the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such jurisdictions. As a consumer, your statutory rights, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

 

Third Party Websites

Our website may provide links to websites that are operated by third parties and we are not responsible for examining or evaluating these third party websites, and do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. No assumption of any responsibility or liability for the actions, product, and content of any such sites is accepted by us. Prior to utilizing any website you are responsible to and should review the applicable conditions of use and policies. The inclusion of a link in our website does not release you of this responsibility and we do not imply our endorsement of the website. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.

 

Waiver

The failure, at any time, for Vinyl Visions, LLC to require performance of any provision of these Terms of Use or to exercise any right provided for herein is not and shall not be deemed a waiver of such provision or such right. Any and all waivers must be in writing and unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

Severability

Should any provision of these Terms of Use beheld by any court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

 

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Orange County, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

 

Entire Agreement

 These Terms of Use,together with our Privacy Policy and any applicable privacy notice or click‐ through agreement, contain the entire understanding and agreement between you and Vinyl Visions, LLC with respect to the use of our website and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site.

 

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