Terms of Service
This VanillaAudio.com Service Agreement (the "Agreement") describes the terms and conditions on which VanillaAudio.com ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using VanillaAudio.com services, Customer agrees to be bound by the following terms and conditions:
Eligibility for VanillaAudio.com Services
Our Services are available only to individuals of no less than 18 years of age and business entities in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.
Subject to the terms and conditions of this Agreement, VanillaAudio.com makes certain Services available to Customer. For the purposes of this Agreement:
"Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents;
VanillaAudio.com "Services" means those electronic or interactive services offered by VanillaAudio.com.
VanillaAudio.com reserves the right to change or discontinue any of the Services at any time.
VanillaAudio.com reserves the right to without notice change the terms of its affiliate program individually in any way including but not limited to altering the payout rate, disabling or enabling affiliate commission for recurring transactions based on individual account activity and performance.
Ownership You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by VanillaAudio.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by VanillaAudio.com and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. VanillaAudio.com, the VanillaAudio.com logo and other VanillaAudio.com products referenced herein are trademarks of VanillaAudio.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides in VanillaAudio.com contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, VanillaAudio.com will have the right to suspend or terminate Customer's account and this Agreement.
Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the Services. Reasonable security features that limit unauthorized access are provided and VanillaAudio.com encourages customer to use them however no responsibility will be assumed by VanillaAudio.com for any unauthorized access or its implications.
Responsibility for User IDs and Passwords
Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID and password and are responsible for all activities that occur under your account.
Notification of Unauthorized Use
Customer will immediately notify VanillaAudio.com if Customer notices any activity indicating that Customer's account or data is being used without authorization, including:
Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report;
Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer has sole responsibility and liability for the data its stores on VanillaAudio.com's servers. VanillaAudio.com encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data.
Customer agrees to maintain its data in compliance with its legal obligations. VanillaAudio.com will delete Customer data upon termination of this Agreement. However, VanillaAudio.com may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.
VanillaAudio.com will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides VanillaAudio.com with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by VanillaAudio.com in its sole discretion. Customer expressly and irrevocably agrees that VanillaAudio.com may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customer's account. In no event will VanillaAudio.com be liable to Customer or any third party for VanillaAudio.com's reliance on such letter or such apparent authority.
You agree to not use VanillaAudio.com's Service to:
upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or murder; the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
harm minors in any way, this includes any form of child pornography; the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted; VanillaAudio.com will report files it detects through its service that appear to involve child exploitation to the the appropriate law enforcement agencies;
upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
VanillaAudio.com neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. VanillaAudio.com reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should Customer violate this policy, VanillaAudio.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. Please be aware that VanillaAudio.com has zero tolerance policy towards any content that promotes, suggests or depicts any type of child abuse. Users found uploading or downloading such content will be investigated, reported to appropriate law enforcement agencies.
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress. Customer agrees it is your responsibility to be informed of your local laws and regulation and abide by them.
Access and Interference
Violations or attempts to violate VanillaAudio.com systems or to interrupt VanillaAudio.com services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
Unauthorized access to or use of VanillaAudio.com Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of VanillaAudio.com;
Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks;
Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
Any action that imposes an unreasonable or disproportionately large load on VanillaAudio.com's infrastructure;
Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the VanillaAudio.com Web site.
Copyright or Trademark Infringement
VanillaAudio.com Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited.
This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. VanillaAudio.com reserves the right to suspend or terminate a Customer's transmission(s) that, in VanillaAudio.com's discretion, violates these policies or violates any law or regulation.
For more information on our copyright policy click here.
Notwithstanding the foregoing, VanillaAudio.com undertakes no responsibility to monitor the Content made available by Members. VanillaAudio.com operates the Site and Services as a neutral party, and VanillaAudio.com does not regularly monitor, scan or regulate the use of the VanillaAudio.com and/or services by any of its Members. The use of the VanillaAudio.com and/or services by a Member or otherwise does not constitute an endorsement by VanillaAudio.com of that member. VanillaAudio.com is not responsible or liable for the acts, omissions, agreements, promises, content, content links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any member or other third party.
As a Member, you agree that you are solely responsible for the Member Content uploaded by you to VanillaAudio.com, and for any and all subsequent uses of the member content. If you post member content, you represent and warrant that you have all necessary ownership or other rights in and to the member content enabling you to upload it on VanillaAudio.com, generate a member content URL and display the member content URL and associated member content as intended.
Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations.
You shall be solely responsible for any and all of your own uploads and the consequences that arise from posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent, warrant and/or agree that you will not:
1. Make available for and/or display any content that is unlawful, harmful, threatening, defamatory, or obscene;
2. Make available for and/or display any content that infringes upon the trademark, trade name, copyright, license and/or other intellectual property or property right of any third party;
3. Make available for and/or display any private information of any third person such as but not limited to: telephone numbers, street addresses, last names and/or e-mail addresses;
4. Make available for and/or display any audio files, text, photographs, videos or other imagery featuring confidential information without prior authorization by the information owner/holder;
5. Make available for and/or display any audio files, text, photographs, videos or other images that might be found to be obscene in your community, as defined under applicable local law;
6. Express or imply or lead any 3rd parties to believe that any statements you make are endorsed and/or approved by VanillaAudio.com, without VanillaAudio.com administration's specific prior written consent;
7. Collect by any means whatsoever any personal information about end-users or other third parties, without their express consent and/or approval;
8. Utilize any software such as but not limited to: robot, spider, site search/download application or any other device or utility to retrieve, index, "data mine," or in any way reproduce the navigational structure and/or presentation of the VanillaAudio.com, it's services or related content;
9. Interfere with or disrupt the Services, Site and/or the servers and/or networks connected to VanillaAudio.com;
10. Make available, offer for download, post, e-mail or otherwise transmit any material that contains viruses or any other software, malware, code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. Make available, post, offer for download, transmit, promote any software, product or service that is illegal and/or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (SPAM), services that send unsolicited advertisements, programs designed to initiate DDOS attacks and programs designed to gain unauthorized access to networks on the Internet;
12. Create a mirror of any part of the VanillaAudio.com and/or its services or impersonate VanillaAudio.com and/or its services without our prior written authorization;
13. Make available for and/or display display any content that could be considered exploitative of children in any way, whatsoever;
14. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the VanillaAudio.com and/or services or any software used on or for same. Engaging in any of the aforementioned practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the services without prior notice, in the sole discretion of VanillaAudio.com. VanillaAudio.com reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, VanillaAudio.com reserves the right to report any content that could be considered exploitative of children in any way, whatsoever, to any and all applicable legal and regulatory bodies and organizations.
Termination of the Account
By using our site and/or service, you agree that we are authorized to block your access and delete any or all files in your account for any violation of our Terms of Service.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright based the "Three Strike Rule".
VanillaAudio.com reserves the rights to decide whether member's or user's uploads are appropriate and comply with these Terms. VanillaAudio.com reserves the right to remove such user/member uploads and/or terminate user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on VanillaAudio.com servers.
Whether lawful or unlawful, VanillaAudio.com reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware VanillaAudio.com reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, VanillaAudio.com will refer complaints to law enforcement authorities, and in such case, VanillaAudio.com will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account and data information. Complaints about violators of our Policy should be sent to our admin email firstname.lastname@example.org. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
You expressly understand and agree that:
your use of the Service is at your sole risk. VanillaAudio.com Services are provided on an "as is" and "as available" basis. VanillaAudio.com and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. VanillaAudio.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content;
VanillaAudio.com makes no warranty that (I) the Service will meet your requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (V) any errors in the software will be corrected;
any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Indemnity You agree to defend, indemnify, and hold harmless VanillaAudio.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other VanillaAudio.com policies, terms and conditions.
Limitation of Liability Your use of VanillaAudio.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that VanillaAudio.com shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on VanillaAudio.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that VanillaAudio.com may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
Without limiting other remedies, VanillaAudio.com may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if:
VanillaAudio.com believes that Customer have violated or acted inconsistently with this Agreement, or any of our policies;
Customer have failed to pay fees or other payments due to VanillaAudio.com;
VanillaAudio.com is unable to verify or authenticate any information Customer provides to VanillaAudio.com;
VanillaAudio.com believes that Customer's actions may cause legal liability for Customer, VanillaAudio.com's other clients, or VanillaAudio.com.
VanillaAudio.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that VanillaAudio.com may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that VanillaAudio.com shall not be liable to you or any third-party for any termination of your access to the Service.
Upon termination of this Agreement by either Customer or VanillaAudio.com, all of Customer rights under this Agreement, and VanillaAudio.com's provision of Services, will terminate immediately.
The Sections "Customer Data", "No Warranty", "Indemnity", "Limitation Of Liability" and "Termination" will survive any termination of this Agreement.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Customer and VanillaAudio.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond VanillaAudio.com's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.