Terms of Use

                                     TERMS OF USE OVERVIEW

TERMS OF USE

Welcome to Vinyl People Records! By accessing or using our website, you agree to be bound by the following terms and conditions, which together with our Privacy Policy govern Vinyl People Records' relationship with you. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

SECTION 1 - GENERAL TERMS

Vinyl People Records offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms "we," "us," and "our" refer to Vinyl People Records.

SECTION 2 - AGE REQUIREMENT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site.

SECTION 3 - PROHIBITED USES

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 4 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 7 - DISCLAIMER OF WARRANTIES

This site and all information, content, materials, products, and services included on or otherwise made available to you through this site are provided by Vinyl People Records on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

SECTION 8 - THIRD-PARTY LINKS

Our Service may contain materials from third-party sources, including content, products, and services. These third-party links may direct you to websites that are not affiliated with us, and we are not responsible for examining or evaluating the content or accuracy of these third-party materials. We do not warrant or assume any liability or responsibility for any third-party materials, websites, or other products and services. We are not liable for any harm or damages that may result from your use of third-party websites, goods, services, resources, or other transactions. Before engaging in any transaction with a third-party, it is your responsibility to carefully review their policies and practices to ensure that you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us certain specific submissions (for example, contest entries) at our request or without a request from us, including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use your comments in any medium without restriction. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Any personal information that you submit to us through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the relevant section on our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site or through our Service. This information may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. The fact that there is no specified update or refresh date applied in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES:

The following actions are strictly prohibited when using the site or its content, in addition to other prohibitions outlined in the Terms of Service: (a) using the site or content for any unlawful purpose; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) engaging in any behavior that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the site or content for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent, or warrant that your use of the service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The Service and all products and services provided through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Vinyl People Records or any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14- INDEMNIFICATION:

You agree to protect, defend and hold harmless Vinyl People Records, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15- SEVERATIBILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent allowed by applicable law, and the unenforceable part will be removed from these Terms of Service. The determination of the provision's unenforceability will not affect the validity and enforceability of any other remaining provisions.

SECTION 16- TERMINATION

Any obligations and liabilities of the parties that were incurred before the termination date will remain in effect after the termination of this agreement. These Terms of Service will remain in effect until either you or us terminate them. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our services or when you stop using our site. If we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Service or suspect that you have done so, we may terminate this agreement at any time without notice, and you will still be responsible for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part of them) accordingly.

 SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of that right or provision. These Terms of Service, along with any policies or operating rules we post on our site or in connection with our Services, constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service). Any uncertainties in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them.

SECTION 18- GOVERNING LAW

These Terms of Service and any separate agreements by which we provide you services will be governed by and interpreted in accordance with the laws of the State of New York, United States. Any disputes arising from or relating to these Terms of Use or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in the State of New York.

SECTION 19 - CHANGES TO TERMS OF SERVICE 

At any time, you may review the current version of our Terms of Service on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website regularly for changes. If you continue to access our website or use our Service after we post any changes to these Terms of Service, you are accepting those changes.

SECTION 20 - CONTACT INFORMATION 

If you have questions or would like to make a complaint, please contact us at support@vinylpeoplerecords.com.

SMS/MMS Mobile Message Marketing Program Terms and Conditions:

Vinyl People Records (“We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), which you may participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In:

You may opt into the Program by affirmatively signing up, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. Message and data rates may apply. Message frequency varies.

2. User Opt-Out:

To opt out of the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that these are the only reasonable methods of opting out, and that any other method, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description:

The Program includes messages concerning the marketing, promotion, payment, delivery and sale of physical and digital music, artist merchandise, Vinyl People Records merchandise, and other music-related products. Messages may include checkout reminders.

4. Cost and Frequency:

Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions:

For support regarding the Program, text “HELP” to the number you received messages from or email us at support@vinylpeoplerecords.com. Opt outs must be submitted in accordance with the procedures set forth in section 2.

6. MMS Disclosure:

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty:

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

8. Participant Requirements:

You must have a wireless device of your own.