VibeDeck Terms of Service
VibeDeck allows you to publicly display, distribute, license, sell, barter, and generally promote your intellectual property, name, and likeness, via our internet application.
Your intellectual property may include audio, video, photographic, and printed language assets of which you are the author, licensee, or legal representative.
In some instances, VibeDeck may allow you to collect, store, extract and make use of third party information with their express written permission.
Your Personal Information
Your personal information must be true, accurate and correct. You will not impersonate another person or entity. If you are under 18 years of age, you must have the permission of your parent or legal guardian to create a VibeDeck account.
Name Dispute Resolution
A VibeDeck URL can only be registered once. We have a first-in-first-serve policy with respect to URL registration except where a URL may infringe on a copyright or trademark, or in any way mislead or misrepresent.
Your Activity and Content
You are responsible for all the activity and content in your VibeDeck account.
VibeDeck must not be used for promoting threatening, abusive, defamatory, racial, libellous, harassing, sexist, ageist or otherwise offensive activity or content.
VibeDeck may not be used to promote or incite violence and you must not use obscene or vulgar language.
Your activity and content must not be published unless you are legally authorised to do so.
We will not sell, lease, or disclose your personal information to anyone. We may contact you from time to time for service updates and promotions. If you no longer wish to receive updates and promotions from us, you may opt-out by replying to the communication, contacting us directly using the contact information published on www.vibedeck.com, or clicking the opt-out link where applicable.
Your Intellectual Property Rights
We will not claim or pursue ownership of your intellectual property and we will not have any ownership rights in any elements of an artist or bands music. Intellectual property includes, but is not limited to; music, albums, tracks, text, graphics, icons, images, sound clips, video clips, data compilations, and page layout. However, for us to perform the service to your fans by posting your content to the VibeDeck service, you must agree to grant us the non-exclusive, worldwide, royalty-free right and license to use, reproduce, edit, transmit or otherwise distribute, publicly display, publicly perform including, without limitation, via digital audio transmission, and otherwise make available any such content via the VibeDeck service. Moreover, we may use your intellectual property, name and likeness in and in connection with any VibeDeck promotion(s) in any and all media now known or hereafter devised throughout the universe in perpetuity. You represent, warrant, and agree that you have the right to grant us the rights and licenses granted herein and that you have not entered into any third party agreement that prohibits us from enjoying such rights and licenses.
Plan Costs, Sales Fees, Payment and Refunds
VibeDeck does not handle any financial transactions as these are made via PayPal. All financial transactions between you and your customers (e.g. customer buys an MP3 from your VibeDeck store page) are your sole responsibility. VibeDeck will not be held liable for any issues concerning payment between your and your customer. Refunds are at your own discretion and must be processed by you. Issues concerning payment must be taken up directly with your customer or payment processor PayPal. Any suspected fraudulent use will result in your account being terminated immediately and activity reported to the authorities.
Payments between you and VibeDeck for VibeDeck services (e.g. VibeDeck 'plans') are non-refundable.
VibeDeck currently offers three subscription plans; Basic, Plus and Unlimited. Plan details and amounts are detailed on the homepage of the VibeDeck website. Any additional fees or plans on the Site are incorporated by reference into this Agreement. In the event that PayPal cannot take payment for your monthly service subscription, VibeDeck will suspend your products and place them in 'edit' mode (a state where fans will not be able to access them) until payment had been made.
Subscriptions are not refundable. If you cancel or downgrade VibeDeck will continue your subscription for the length of the current billing cycle.
You are responsible for setting the prices for your products through the platform. You can change the Prices of your products at your sole discretion. VibeDeck may redistribute previously purchased copies of your digital products to fans who may have received a corrupted, incomplete or incorrect copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction. In these cases fans will not charged a new fee for the product redistribution.
You shall be solely responsible and liable for, and VibeDeck shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees, credit card transaction fees, disputed payments or refunds.
VibeDeck does not have the obligation, but retains the right to immediately stop the offering of any products for sale or promotion, prevent or restrict access to a users public page or the Services or take any other action in case of technical problems, objectionable material or actions otherwise prohibited by the procedures and guidelines contained within this agreement, or for any other reason in the sole and absolute discretion of VibeDeck, and to correct any inaccurate listing or technical problems on the Site.
Pricing, structures, and policies may be changed from time to time and are effective immediately after the changes have been posted to the Site. All such posted policies and pricing structures or rules are hereby incorporated by reference into this Agreement. VibeDeck will provide you with reasonable notice of any changes to the cost of the VibeDeck Service. You or any third party shall not hold VibeDeck liable for any loss that may occur as a result of changes to costs.
VibeDeck reserves the right to require payment of fees for certain additional features of the Service (eg: Download Credits). Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. VibeDeck reserves the right to change its price list and to institute new charges at any time, upon fourteen (14) days prior notice to you, which may either be sent by email, posted on the VibeDeck public site/blog or within your account. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Each VibeDeck subscription plan comes with 100 'download credits' per month. These credits are topped up at the beginning of each month back to 100 (eg: If you sell 50 releases between the 2nd and 31st of the month, we will bump you back up to 100 credits on the 1st). Should you need extra download credits you will be able to purchase these via your settings panel within your account. VibeDeck reserves the right to change its price list with regard to download credits and to institute new charges at any time upon fourteen (14) days prior notice to you. Any extra credits you purchased will have no time limit/expiration set upon them.
We are not responsible for lost or deleted files in your VibeDeck account.
If VibeDeck deems your account to be inactive (you have not logged into or used your VibeDeck account for a period of 6 months), then VibeDeck reserves the right to permanently delete your data held on it's servers. VibeDeck will make all reasonable efforts to contact and notify you before deletion occurs.
You may terminate your account at anytime by contacting us at hello[at]vibedeck.com with your request.
VibeDeck reserves the right to terminate or suspend your account at any time for any reason. Without limitation of the foregoing, VibeDeck will terminate your account if you are determined to be a repeat copyright infringer. You will be considered a repeat infringer if VibeDeck receives more than three (3) legitimate infringement notices for your account, or in any other reasonable circumstances.
You will indemnify VibeDeck, its employees, shareholders, partners or other such associations and hold them harmless from any third party claim or demand, and from any judgment or liability, from any loss, cost or expense (including but not limited to lawyersÕ fees and court costs which may be incurred) due to or arising out of your representations, warranties and agreements hereunder and/or your activity on, or content submitted to, VibeDeck.
Changes to Service
You agree that VibeDeck has the right to make changes to the VibeDeck Service at any time without prior warning and shall not be held liable by you or any third party for any disruption or loss this may cause. This may include, but is not limited to, temporarily suspending features, permanently suspending features, and adding new functionality. We will provide you with reasonable notice of any changes concerning the remuneration for access to or use of VibeDeck. You or any third party will not hold VibeDeck liable for any loss that may occur as a result of such changes. You will be bound by any changes to these Terms of Service from the first time you use the VibeDeck service following any such changes.
Trademark and Copyright
The VibeDeck name, logos, service and product names are all trademarks of VibeDeck.
You agree not to use or display the logo or name of VibeDeck without prior written permission. You further agree not to copy, replicate or sell any part of the VibeDeck service.
You acknowledge and agree that the interface provided by VibeDeck uses software that contains confidential and proprietary information protected by law.
The VibeDeck Service is to be accessed only by the interface provided by VibeDeck to you.
You must not wholly or partly modify, take as your own, use for a purpose other than your own personal account, rent, sell, make available in another form, hack into the system or create another website claiming affiliation with VibeDeck.
You acknowledge and agree that you and not VibeDeck are solely responsible for any and all content posted to your account or e-mailed to, transmitted through, or otherwise made available via VibeDeck.
You acknowledge and agree that content uploaded by you to or through VibeDeck may be protected by copyrights, trademarks, patents, or other intellectual property rights or laws. You must not upload any such content unless you have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance, or other use of copyrighted works by you may constitute copyright infringement and may result in civil or criminal penalties.
You represent and warrant that you have all necessary consents, permissions, and releases of all third parties which may be implicated by your transmission of content to or through VibeDeck.
VibeDeck reserves the right to block, remove, or delete any content communications, postings, and/or other data or information in its sole discretion including, without limitation, if it has reason to believe that such materials may infringe the rights of a third party.
In Case of Alleged Infringement of Copyright
You are encouraged to notify us of any content on the VibeDeck service you believe to be in violation of copyright, or otherwise in violation of these Terms of Service.
United States Users
If you are a copyright owner or agent in the United States and you believe your content has been used by others on VibeDeck in a manner that constitutes copyright infringement, please contact our designated agent for notification of claimed infringement and provide the following:
- a description of the copyrighted work(s) that you claim are being infringed;
- a description specifying the material that you claim is infringing and wish to have removed or disabled and the location of the material on the service so that we may find it (including, for example, the URL);
- your full name, telephone number and an email address so that we may contact you;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- an electronic or physical signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Our designated agent for notification of claimed infringement can be contacted as follows:
Sopher and Co
5 Elstree Gate, Elstree Way,
Borehamwood, Hertfordshire WD6 1JD
Counter-Notice. If you believe that content you uploaded to the VibeDeck service and 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 you uploaded, you may send a counter-notice containing the following information to our designated agent for notification of claimed infringement:
- 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, user name, address, telephone number, and email address; and;
- a statement that you consent to the jurisdiction of the federal court in Los Angeles, 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 our designated agent for notice of claimed infringement, VibeDeck 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 ten (10) business days. Unless the copyright owner files an action seeking a court order against the user who posted the content, the removed content may be replaced, or access to it restored.
Non U.S. Users
If you are a copyright owner or agent outside the United States and you believe your content has been used by others on VibeDeck in a manner that constitutes copyright infringement, please contact our designated agent for notification of claimed infringement and provide the following:
- a specific description of the relevant work protected by copyright or other intellectual property right (hereinafter the Work), and where the Work is located on the VibeDeck service;
- comprehensive evidence that you are the owner of the Work and all copyrights or intellectual property rights in and to the Work, or alternately, that you are fully authorized to act on behalf of the owner of the Work and all related rights;
- a detailed explanation of the facts and circumstances that constitute the alleged copyright infringement or violation of other intellectual property right; and
- your full name, postal address, telephone number and email address.
Upon receipt of such notification and all required information and materials, VibeDeck will examine the case, may contact you in due course, and will, in its sole discretion, determine if and (if so) what action to take in response to each such notification.
Complaints about VibeDeck or any aspect of the VibeDeck Service should be sent by email to email@example.com. The User should clearly outline their complaint including all the facts relevant to the complaint. While VibeDeck endeavours to handle each complaint professionally and investigate the matter thoroughly it will not be held liable or responsible for any loss or damage incurred by the User through using the VibeDeck platform.
VibeDeck does not make any guarantees that the VibeDeck service will be accurate, prompt, secure, without interruption or meet your prerequisites and expectations. VibeDeck cannot guarantee that products purchased or used as a result of VibeDeck will be as expected.
You agree to use VibeDeck at your own risk. We provide to you the VibeDeck service in its present form (as is and as available). VibeDeck disclaims all guarantees, whether expressed or implied, including, but not limited to, the implied guarantees of salability, profitability, compatibility with all systems, security, information accuracy and suitability for a stipulated purpose. No part of the VibeDeck service is intended to constitute advice and should not be relied on in this manner, nor is any part of the service to be considered a contractual offer.
Correspondence received by you from VibeDeck does not act as a guarantee for anything stated in these Terms of Service.
We do not accept any responsibility or liability for any damage or loss on your computer incurred by viewing or downloading activity or content through the VibeDeck service.
You understand and agree that VibeDeck shall not be liable for any losses or damages relating to but not limited to, loss of data, loss of profit, material losses and damages, directly or indirectly, as a result of the use of the VibeDeck service or goods or services obtained through using the VibeDeck service.
VibeDeck will not be held liable for any infringement of the rights of third parties through the use of our Service. You acknowledge and agree that VibeDeck cannot and does not generally review the content you post to the VibeDeck service, and that VibeDeck does not undertake or assume any duty to monitor the VibeDeck service for inappropriate content.
To the extent permitted by law, VibeDeck accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use the VibeDeck service or any information provided by VibeDeck. You accept that you use the VibeDeck service and similarly any information provided by VibeDeck at your own risk.
These Terms of Service and the relationship between you and VibeDeck shall be governed by and construed in accordance with the Law of England and Wales and we each agree to submit to the exclusive jurisdiction of the Courts of England and Wales.