Terms and Conditions
Updated: April 8, 2019
These Terms and Conditions govern your use of the website or mobile app (the “Services”) where they appear, which is owned by Vinyl Institute, Inc. (“Vinyl Institute,” “we,” or “us”). By using the Services, you acknowledge that you have read these Terms and Conditions, including the Disclaimers and Limitation on Liability, and that you accept and will be bound by the terms herein. We may modify these Terms and Conditions from time to time, so you should check this page each time you visit. If you do not agree with these Terms and Conditions, you should not use the Services.
Your use of the Services is also subject to our Privacy Policy , which is incorporated herein by reference.
Intellectual Property
Vinyl Institute owns, licenses, or uses with permission all registered and unregistered trademarks, service marks, logos, wallpaper, icons, characters, software, information, pictures, photographs, designs, graphics, artwork, images, audio and video clips, music, sound, text, data, publications, presentations, and other material and content on the Services (collectively, the “Content”), as well as the arrangement and selection of the Content. Your unauthorized use of the Content may violate copyright, trademark, patent, privacy, or other U.S. and/or international laws, and may infringe upon the rights of third parties not owned by or affiliated with us. Such unauthorized use may result in your personal liability, including potential criminal liability. You are granted a limited, non-exclusive, non-sublicensable, revocable right to access and use the Services, and to download Content to your own computer for your personal, non- commercial use, provided that you may not change any copyright, trademark, or other intellectual property notices that may accompany the Content. Except for Content you have posted or submitted, or unless expressly permitted by us, you may not otherwise alter, archive, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content.
Third Party Content
The Services may contain Content owned by third parties. The use of or references to the names, trademarks, or service marks of any third parties or their products and services does not constitute an endorsement by Vinyl Institute of such parties or their products and services. In addition, we do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any Content provided by third parties.
Links to Other Sites
The Services may contain links to other Internet sites. Such sites are not under the control of Vinyl Institute, and we are not responsible for the contents or accuracy of any linked site or the privacy practices of any third parties. Links to other sites do not imply Vinyl Institute’s endorsement, sponsorship, or approval of the information, products, or services on such sites. All activities you engage in connection with a linked site are subject to the privacy policy and terms and conditions imposed by the operator of the linked site, and we disclaim all liability in connection with such activities. Your linking to other sites is entirely at your own risk.
Disclaimers and Limitations on Liability
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT. VINYL INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT INFORMATION WILL ALWAYS BE AVAILABLE, OR THAT THE SERVERS, HARDWARE, OR SOFTWARE USED IN CONNECTION WITH THIS SERVICES ARE FREE OF VIRUSES, MALWARE, OROTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY LAW, NEITHER VINYL INSTITUTE, ITS BUSINESS PARTNERS, LICENSORS, AND AGENTS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OR REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY CONTENT EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION), INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, ATTORNEY’S FEES, LITIGATION COSTS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO CLAIMS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
Applicable Law and Venue
The Services and the servers that makes the Services available may be located outside of your country of origin. We make no representation or warranty that the Content is appropriate or available for use in locations outside of the United States. If you access or use the Services from locations outside the United States, you are responsible for compliance with applicable laws (including, without limitation, export restrictions). Access to the Services and Content from territories where such access or Content is unlawful or illegal is prohibited.
Any action, proceeding, dispute, claim or controversy arising out of or relating to the Services or these Terms and Conditions shall be governed by, interpreted and construed in accordance with the laws of the Commonwealth of Virginia. All claims, actions, proceedings, and disputes arising out of this Agreement shall be commenced exclusively in Virginia, and all parties consent to personal jurisdiction in Virginia.
Complete Agreement; Severability
These Terms and Conditions constitute the entire agreement between Vinyl Institute and any user, and supersede any prior, contemporaneous, conflicting or additional communications, representations, warranties or understandings with respect to the Services and information on the Services. Vinyl Institute reserves the right to terminate access to any user who does not abide by these Terms and Conditions. If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from the remainder and shall not affect the validity or enforceability of the remainder of these terms.
Indemnification
You agree to defend, indemnify, and hold harmless Vinyl Institute, its officers, directors, employees, members, business partners, licensors, agents and affiliates from and against any and all claims, actions, demands, suits, judgments, proceedings, damages, liabilities, costs and expenses, including without limitation reasonable attorney’s fees, arising out of or relating to your use of the Services or your breach of these Terms and Conditions.
How to Contact the Vinyl Institute
If you have any questions about these Terms and Conditions or the Services, please Contact Us.