Vinyllee Website Terms of Service
BA Gruppen Sp. z o. o., a limited liability company ("Vinyllee", "we" or "us") offers access to the Vinyllee website, located at present at vinyllee.com. Our terms and conditions ("Conditions") regulate your ability to access and use (either as a guest user or otherwise) the Site and Services. Accessing or using our Site and/or Services through any means, requires you to state and warrant that you have read, understand, accept and agree to comply with the Terms and Conditions. Without your agreement, you cannot access or use the Site or the Services. Your use of the Vinyllee Distribution Services, if applicable, is governed separately by the Vinyllee Distribution Agreement and all attachments or supplements thereto.
Conditions of access and use
In accordance with these Conditions, we provide you with a limited, non-transferable and non-exclusive personal licence to use and access the Site and the Services. You represent and warrant that, by obtaining access to the Site and using the Services, you are at least eighteen (18) years of age or the age of majority in your jurisdiction and that you are an individual operating under your own name or an authorized representative of another individual or company. By using the Site and Services as an authorized representative, you do not relieve yourself of personal liability for making use of the Site and Services. Permission given to you under these Terms may be terminated by Vinyllee anytime, as determined by Vinyllee in its discretion.
Registration and accounts
To use some of the features within the Site or Services, you can be obligated to register with us ("Account") and submit some information about yourself through the Account registration form. You declare and guarantee that all of the requested registration information that you provided is true and correct and that you will take care to ensure that it is accurate. In addition, you have the responsibility to keep the login details of your Account confidential and take full responsibility for all actions taken under the Account. You agree to promptly report to us any unauthorized use or attempted unauthorized use of the Account or any other security breach. Under no circumstances can and will we be liable for any loss or damage caused by unauthorized access to your Account or your failure to comply with the requirements stated above.
Content and user activities
Site and/or Services features and functions may enable users to upload, submit, share and save audio, artwork, images, photographs, messages, comments, questions and other content, materials or information ("User Content") directly through the Site and/or Services, and users also will be able to share such User Content using features made available by the Site and/or Services on occasion. Features of the Site and/or Services may enable registered users to publicly post certain User Content so that other users can view and share it. Various other features of the Site and/or Services may allow users to privately send and share messages from one user to another or to transfer files to be kept and made available for personal use. These actions described in this paragraph are also in some cases collectively referred to herein as “User Activity” or "User Actions".
You are entirely responsible for the User Content you upload through the Services and for your User Activity overall. You agree that we are merely a passive conduit through our Services and on your behalf for the online distribution, storage, posting and/or other use of your User Content. By submitting, posting, modifying, displaying or otherwise uploading User Content onto any part of the Site and/or Services (not including Direct Messages), you automatically confer, and certify that you are entitled to confer, upon us, in addition to other users of the Services, a fully paid-up, transferable, non-exclusive, worldwide license to use, share, stream, publicly perform, reformat, duplicate, publicly display, listen to, recreate, transmit, publicly communicate, translate, distribute, excerpt and repost such User Content whatsoever for your use on or in relation to the Site and the Services.
Regarding your usage of Direct Messages, exclusively for the operation and enablement of those portions of the Services, you further grant us a fully paid-up, non-exclusive, transferable, worldwide license to store,use, scan, host, retrieve and make available in accordance with your instructions such Direct Messages and/or User Content so long as you do not permanently delete them from the corresponding Services.
In consideration of this, you state, warrant and consent that: (a) You are entitled to agree to these Conditions; (b) your User Content in no way infringes or will infringe the rights of any third party of any kind, including without limitation any Intellectual Property Rights ( defined below) or any rights of publicity or privacy; (c) neither of your User Content or Direct Messages includes any material that is unlawful, harmful, offensive, racist or ethnic, defamatory, invasive of privacy or publicity rights, harassing, demeaning to others (publicly or otherwise), libelous, threatening, profane, otherwise inappropriate, or content that could qualify as "hate speech”; (d) all of your User Content is either original to you, belongs to you, is in the public domain worldwide, or has been used by you with the apparent permission, permission or license required from the original owner(s) of such material to be used by you and us in accordance with these Conditions; (e) Vinyllee has no responsibility for liability for payment or any other obligation to any third party due to the use of your User Content on the Site, Services or otherwise under these Terms.
Vinyllee has the reserved right to disallow and/or remove any User Content, Direct Messages or other content that Vinyllee considers to be in violation of these policies. Vinyllee is not responsible for User Content and/or Direct Messages that are made available, used, stored or posted by you or other users or third parties using the Site and/or Services. You acknowledge and consent that you are solely responsible for any loss or damage of any kind arising from the use of any User Content or Direct Messages that you upload, post, download, stream, publish, transmit, display or in any other way make available through the Services. Vinyllee is not liable or responsible for misuse or the public display of any User Content. It is understood and agreed that it is possible that you could be exposed to User Content that is offensive, objectionable, inaccurate or indecent, and you further agree that Vinyllee is not responsible for and will not be liable for any harm caused as a result of such User Content.
By the term "Intellectual Property Rights" we mean, for purposes of these Conditions, all mass works rights, rights of publicity, patent rights, trade and service mark rights, trade secret rights, moral rights, trademark, goodwill, copyrights and other intellectual property rights that currently or in the future are likely to exist, as well as all applications and registrations, extensions and renewals thereof, under the laws of any country, territory or other jurisdiction.
You shall not transmit User Content and/or Direct Messages or otherwise participate in User Activity that:
- is likely of constituting or contributing to the commission of a crime or tort;
- may pose a risk of causing loss or damage to individuals or property;
- provides access to any information or content that is not authorized by law or by contractual or fiduciary relationship;
- includes any information or content that is unlawful (which includes revealing confidential information in accordance with securities laws or another party's trade secrets);
- includes any information or content that is known to be incorrect and outdated
- have the potential to pose a risk of emotional distress, loss, harm, physical or mental injury, disability, disfigurement, physical or mental illness or death to you, another person or another third party;
- includes of any kind of information or content that we consider to be invasive of privacy or publicity rights, harmful, racially or ethnically offensive, threatening, demeaning to others, unlawful, libelous, defamatory, profane, harassing, otherwise inappropriate, or content that could be considered "hate speech", or otherwise;
- aims to harm or abuse children by putting them in contact with inappropriate content, requesting personally identifiable information.
Aside from the limitations mentioned previously, you cannot:
- access the Site and/or Services in order to: (a) disrupt or interfere with the Site, Services or servers or networks linked to the Site and/or Services, or fail to comply with any requirements, procedures, policies or regulations of networks linked to the Site and/or Services; (b) stalk, harass or harm any other individual; (c) violate any local, state, national or international law; (d) impersonate any individual or entity or engage in any other misrepresentation of your association with an individual or entity; or (e) gather or save any personal data relating to other users;
- disassemble, decompile, reverse engineer or in any other way try to acquire or see the source code from which any part of the Site and/or Services was composed or rendered, and nothing that is included in these Terms is intended to be understood as giving you or any other party any right to acquire or make use of the source code;
- rent, assign, transfer, resell or sublicense access to the Site and/or the Services to any third party;
- Use any automated, high-volume or electronic means to gain access to the Site and/or Services;
- change or develop any spin-off products in reliance on the Site and/or Services;
- connect or incorporate the Site and/or Services with hardware, software or any other technology or materials that we have not already provided to you; or
- place frames on the Site and/or Services, put pop-up windows on its pages, as well as affect the viewing of its pages in general unless you obtain our prior written consent.
Other than as specifically provided herein, none of the Site or Services can be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted whatsoever by any means or in any form. All further updates, enhancements or other extensions of the Site's or Services' features will be governed by these Conditions.
We maintain, as between you and us, all right, title and interest in and to the Site and Services and all intellectual property rights related thereto. Any and all rights to the Site and Services which are not specifically acknowledged herein are reserved. You are not permitted to digitally perform, publicly display, publicly perform, distribute, copy or create derivative works based on any copyrighted work provided or accessible through the Site or Services. Any service marks, trademarks and logos that appear on the Site or Services are owned by us or by third parties. As such, you are not allowed to make any use of these marks unless you have our prior written permission or the permission of the owner of the mark(s), if the mark(s) do not belong to Vinyllee.
It is important for us to respect others' intellectual property rights. Whenever you feel or suspect that certain content on our Site and/or Services violates your copyright or the copyright of somebody whom you represent, please notify our designated copyright agent by email or other written notification using the contact information provided below. Each notice must meet the requirements and contain the following information:
- your statement, made under the penalty of perjury, that all of the provided information in the notice is accurate and that you own the copyright or are authorized to act on behalf of the copyright owner;
- your statement that in good faith you believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
- the identification of a copyrighted work alleged to have been violated;
- identification of the location on the Site and/or Services that contains the allegedly infringing material and sufficient information to allow us to locate that material;
- your telephone number, email address and address;
- either a physical or electronic signature of an individual entitled to act on behalf of the owner of an exclusive right that was allegedly violated.
Information about our designated copyright agent for reporting claims of copyright infringement:
Vinyllee has established a policy, consistent with applicable law, to terminate, in appropriate circumstances and at Vinyllee sole discretion, the contracts of users who are considered repeat infringers. Without limitation, for the avoidance of doubt, the foregoing sentence by no means restricts Vinyllee's right to restrict access to the Site and Services and/or cancel the Account of any user for any reason in Vinyllee's sole discretion, including users who infringe or are alleged to infringe the intellectual property rights of any other party, whether or not the infringement is repeated.
Please note that you may legally be held liable for damages if you provide materially false information in your notice. Therefore, unless you are absolutely certain that material on or linked to the Site and/or Services infringes a copyright, consult an attorney first.
Third Party Links to Websites and Services
You may have access to websites, products, services or content provided by third parties through links provided on the Site. For instance, we might post links to multiple digital music streaming providers. If you choose to use the Third Party Services, you acknowledge that your use of the Third Party Services will be subject to any terms and conditions requested by the applicable third party. You acknowledge that Vinyllee is in no way a supplier of, and is not liable for any Third Party Services or any transactions or use thereof. By linking to third-party sites, the Site does not signify our approval of the services, goods or materials available on such sites.
Exemption from liability
By using the Site and/or Services, you agree to do so at your own risk and consent to indemnify Vinyllee and its licensors and/or our or their legal successors and assigns against any and all liability, damages, compensation, costs (including attorneys' fees and court costs), expenses, allegations, claims and legal actions of any kind at any time and of any kind that may arise out of your use of the Site or Services, your violation of these Terms or applicable law, or any third party claim of infringement of intellectual property rights or other rights resulting from the hosting, sharing or any other use of your Content on the Site and/or Services. By agreeing to these Terms and Conditions, you are permanently and completely barred from taking any legal action against Vinyllee in connection with using the Site and/or the Services or any consequences thereof of any kind, shape, type or kind, including any action in law and/or in tort, and especially any legal action of any kind, shape, type or kind.
ANY INFORMATION, CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE AND/OR SERVICES ARE SHARED ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PURPOSE OR USE, OR ANY OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR SUITABILITY OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICE. IT CANNOT BE WARRANTED THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, OR SECURE. WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. NONE OF OUR SHAREHOLDERS, OR ANY OF OUR SHAREHOLDERS, DIRECTORS, EMPLOYEES, ASSOCIATES, REPRESENTATIVES, AGENTS, POTENTIALS, SUCCESSORS, LICENSORS OR ASSIGNERS, WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, OR ANY INFORMATION OR MATERIALS MADE AVAILABLE ON THE SITE OR THE SERVICES, REGARDLESS OF A CLAIM REGARDING THE NATURE OF THE CAUSE OF ACTION, OR INABILITY TO USE THE SITE OR SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE ON THE SITE OR SERVICES, OR FOR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS OR DELAYS IN OPERATION, REGARDLESS OF ANY CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IN THE CASE WHERE YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THIS APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.
The Terms can be changed by us over time and we intend to do so as we develop and expand the Services. If we do, any such modifications will immediately take effect upon your consent to them. Your continued use of the Site and Services following the posting of changes to the Terms is considered acceptance of those changes. If you do not agree with such modifications, your sole recourse will be to discontinue your use of the Site and Services. By continuing to use the Site or the Services following such changes, you will be deemed to have acknowledged those changes and to have agreed to be bound by the amended Terms as modified to reflect those changes.
Submitting a complaint
The user has the option of submitting a complaint if he considers the services provided by the Administrator to be inconsistent with the previously agreed obligations. In the event of such circumstances, the User should contact the Administrator in order to clarify the situation. In order to submit a complaint, the User should send a notification to the e-mail address email@example.com. The notification must contain such information as the name and surname of the User submitting the complaint, a detailed description of the services performed in breach of the obligations and the specified expectations of the User. In the absence of any necessary data regarding the complaint, the User will be asked to supplement it before the Administrator starts considering the complaint. After receiving a correctly submitted complaint, the Administrator has 7 working days to respond and send a reply to the e-mail address of the reporting User.
BA Gruppen Sp. z o. o.
ul. Turkusowa 24/a1