Login-viinyl-logo

viinyl Terms of Use

Last update: August 23 2010

Welcome to viinyl.com, a division of neken Inc. (“viinyl”), a song based website creation service and provider of a variety of tools and resources designed to create, manage, and send social media marketing campaigns and to collect email addresses (“Services”).

  1. Acceptance of Terms and Conditions

    By accessing the viinyl.com website (“Site”) or using the Services offered by viinyl.com you (“User or you”) agree and acknowledge to be bound by these Terms of Use (“TOU”). We reserve the right to change the Terms and recommend that Users periodically check this Site for changes.

    In the future, viinyl may release new services and/or features including the release of new tools and resources on its Website. Such new features or services shall also be subject to the present TOU as well as any additional TOU that viinyl may release for those new features or services.

  2. User License

    viinyl grants you a limited license to access the Site and use the Services in accordance with these Terms and the guidelines posted on the Site

  3. Age Restrictions

    Individuals under the age of 13 are prohibited from accessing the Web Site without verified parental consent furnished to viinyl in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older.

  4. User Responsibility

    You are solely responsible for your use of the Site and Services. Content hosted by external services such as images on Flickr or videos on Vimeo, Youtube (“3rd-party data”) is fetched and processed by viinyl, but is delivered by the originating external service. User data and 3rd-party data does not represent the advice, views, opinions or beliefs of viinyl, and we make no claim of accuracy for any user data. 3rd-party data, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with viinyl. By accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

    You acknowledge and agree that viinyl may disable your use of or remove any 3rd-party data sites on viinyl or a viinyl Subdomain to the extent that they violate these Terms.

    Similarly, the viinyl Toolset may rely on external components provided by a 3rd-party to provide some level of functionality. This functionality may make a particular feature of the viinyl Toolset dependent on the external component; or the viinyl Toolset may be completely dependent on the external component for operation. In any case, viinyl makes no warranties, claims, or provision for any third party components.

  5. User Conduct

    The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use (except with respect to bands selling their music as authorized through the Service). For purposes of the Terms of Services, the term (“Content”) includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by viinyl or its partners on or through the Service.

    The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, “Interactive Services”), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the viinyl Content Policy and these Terms and applicable law.

    Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. viinyl does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). viinyl merely provides access to and hosts such content as a service to its customers. viinyl does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites viinyl Toolset. You acknowledge that any reliance on material posted via the Service will be at your own risk.

    Although viinyl is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion.

    By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
    • you know is false, misleading, untruthful or inaccurate
    • contains pornographic or sexually explicit material
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“Spamming”)
    • involves commercial activities and/or sales without viinyl's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of viinyl or any third party
    • impersonates any person or entity, including any employee or representative of viinyl.
  6. Acknowledgements

    By using the Service, you agree that:

    • You are not granted a license or any other right to store any of viinyl (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
    • You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the viinyl Toolset and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
    • You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
    • You will adopt and maintain the Privacy Policy at www.viinyl.com/privacy_policy, which may be modified by viinyl from time to time.
    • You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
    • You agree to import, access or otherwise use only permission-based lists (note: purchased or rented lists may not be used) in connection with your use of the Services.
    • Every email message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
    • You agree to process unsubscribe requests sent directly to you within a 10 day timeframe.

    Additionally, you shall not: (i) take any action that imposes or may impose (as determined by viinyl in its sole discretion) an unreasonable or disproportionately large load on viinylʼs (or its third party providersʼ) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures viinyl may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

    You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

    If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant viinyl and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your User Sites and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

  7. Registration

    You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with viinyl and select a password and screen name (“User ID”). You shall provide viinyl with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the TOU, which may result in immediate termination of your viinyl account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. viinyl reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your viinyl password. You shall never use another userʼs account without such other userʼs express permission. You will immediately notify viinyl in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

  8. Free Plan, Fees and Payment

    Customers signed up for the Trial Period or Free level plan will not be billed for viinyl services. At any time you will have the option to upgrade to a paid monthly subscription. If you choose to upgrade to a paid monthly subscription, you will be required to submit payment for Services in the form of a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.

    The fees are based on your monthly subscription plan and any applicable overage charges based on account activity. You are responsible for reviewing the fee schedule from time to time and remaining aware of the fees charged by viinyl. The fee schedule, including Sites, viinyl tool sets and messaging levels and prices, is subject to change at any time in viinyl's discretion.

    Payment for Services will be made by a valid credit card accepted by viinyl. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize viinyl to charge your credit card for such amounts on a regular monthly basis. If viinyl is for any reason unable to effect automatic payment via your credit card, viinyl will attempt to notify you via email and your viinyl account will be disabled until payment is received.

  9. Content and License.

    You agree that the Service contains Content specifically provided by viinyl or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

    Viinyl grants each user of the Site and/or Service a worldwide, non-exclusive, non- sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from viinyl, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

  10. Grant of License

    viinyl does not have any ownership rights in USER’s Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license viinyl requires so that it can perform the Service for its users:

    By posting Content to the Site, to the extent required to enable the performance of the Services, USER grants viinyl and its successors and assigns and other users of the viinyl Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER’s Content available to other users of viinyl's Site and Services.

    This license does not grant viinyl the right to sell USER’s Content or otherwise distribute it outside of viinyl's Site or Services, provided however, that streaming of Content on third party Websites via embedded widgets or the viinyl API or similar tools (“Linked Services”) shall not be deemed a distribution outside of viinyl's Site or Service.

    USER may set further restrictions to the licenses granted to their content at any time in their songs settings, including but not limited to the restriction of the distribution of Content via Linked Services.

    The license granted under section 3 will terminate after USER removes the Content from the Site. Notwithstanding the foregoing, USER understands and agrees that once Content is distributed to a Linked Service, viinyl is not obligated to delete or ask other users or a Linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.

  11. Beta Version Notice

    viinyl is currently released in Beta for use by registered users only. YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE Viinyl TOOLSET ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND Viinyl, DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE, THE SERVICE AND THE Viinyl TOOLSET.

  12. User Sites

    viinyl enables users to create and publish web sites that are hosted by viinyl (“User Sites”). viinyl does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT VIINYL IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by viinyl or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with viinyl. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of viinyl to imply any sponsorship, affiliation or relationship between you an viinyl other than that viinyl is hosting your User Site.

  13. User ID and Sub-Domains

    To gain access to the viinyl Toolset and the functionality of the viinyl Toolset and to create a User Site, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.

    As part of the viinyl Toolset and the Services, viinyl also offers registered users free use of viinyl sub-domains (ex: [subdomain].viinyl.com) (viinyl Subdomain) on the terms set forth herein for the sole purpose of hosting their web sites. Viinyl retains all rights to and over any viinyl Subomains and has the right to revoke or suspend the use of any sub- domain at any time without reason.

    You agree that all such viinyl Subdomains are owned by viinyl, are nontransferable and that viinyl may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and viinyl Subdomain, and remove or discard any content associated with your account and username.

  14. Use and Storage

    Materials or Content uploaded to a User Site or an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. Viinyl retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.

    You agree that viinyl has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by viinyl and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

  15. Intellectual Property Rights

    The Service provides you with the ability upload your music (Music) to the Site. Viinyl will not have any ownership rights in your Music, however, viinyl needs the following license to perform the Service. You hereby grant to viinyl the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (Host) the Music, along with all associated copyrightable works or metadata, including without limitation song lyrics, album cover artwork, photographs, graphics, and descriptive text (Artworks) in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute and otherwise use the Music and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your band or group, in connection with the provision of the Service.

    To enable viinyl to Host your Music pursuant to the above provisions, you hereby grant to viinyl the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the Trademarks) solely in connection with the Service. By uploading any Music or Artworks to the Site:

    • You represent and warrant, and can demonstrate to viinylʼs full satisfaction upon request, that (i) you own or otherwise control all rights to all content in such Music and/or Artworks, or that the content in such Music and/or Artworks is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in such Music and/or Artworks, (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individualʼs identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to viinyl and all users of the Service.
    • You represent and warrant that the use or other exploitation of such Music and/or Artworks by viinyl and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  16. Fan Personal Information

    1. Fans:

      As a condition to using certain features of the Service (including, without limitation, the free download feature) you may be required to provide certain personal information to relevant bands, such as your e-mail address, country of residence and zip/postal code (Fan Information), in order to join the relevant band's mailing list. As a condition to each such band's right to receive such Fan Information, viinyl requires each band to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that viinyl has no control over the use of the Fan Information by the bands, and you further acknowledge and agree that viinyl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the bands' use of such Fan Information.

    2. Bands:

      In connection with certain features of the Service, including by requiring that fans provide you with their e-mail addresses and other personal information in order to access the free download option, you may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with your mailing list, in order to provide fans with general information and news about the band, such as upcoming shows and new music. You further agree that any e-mail sent to your mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism).

  17. Digital Millennium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing :

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive 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 material 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 the service provider to locate the material
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      VIINYLʼS designated Copyright Agent to receive notifications of claimed infringement is: copyright@viinyl.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to viinyl customer service through support@viinyl.com. You acknowledge that if you fail to comply with all of the requirements of this Section 1, your DMCA notice may not be valid.

    2. Counter-Notice.

      If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

      • Your physical or electronic signature
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
      • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, viinyl may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at viinylʼs sole discretion.

  18. Indemnification and Warantees

    Your use of viinyl is at your sole risk. Though we do everything possible to maintain a reliable service, we cannot guarantee that viinyl will be error free or uninterrupted, and cannot be responsible data loss.

    Further, you agree to defend, indemnify, save and hold viinyl harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney's fees), asserted against viinyl, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you.

    viinyl has no special relationship with or fiduciary duty to you. You acknowledge that viinyl has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release viinyl from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. viinyl makes no representations concerning any Content contained in or accessed through the Site, and viinyl will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

  19. Termination/Access Restriction

    viinyl reserves the right, in its sole discretion, to terminate your account and your access to the Site, the viinyl Toolset and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.

  20. Miscellaneous

    If a breach of these terms results in damages or costs to viinyl, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.) If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these Terms of Use shall continue in full force and effect.

    These Terms of Use are governed by and construed in accordance with the jurisdiction of Montreal and the laws of the province of Quebec and the laws of Canada, and are applicable to all international users including the UK and the USA.

  21. Contacting Us

    • 400 Atlantic, Suite 301
    • Montreal, Quebec
    • H3V 1A5, Canada

    If you feel that this site is not following its stated information policy, you may contact us at support@viinyl.com.