Terms and conditions for use of VNYLST (“Terms”)
The following describes the terms and conditions applicable to your access and use of the VNYLST.com website.
BY ACCESSING AND USING THE VNYLST SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENTER THE VNYLST WEBSITES. VNYLST PROVIDES ITS SERVICES SUBJECT TO THE FOLLOWING CONDITIONS:
By using VNYLST services, you agree to these conditions.
Please read them carefully.
I. General Provisions
1. VNYLST Inc., (hereinafter, “VNYLST“) owns, operates and controls the VNYLST website (the “Site”).
VNYLST provides end users (“Users”) with free information relating to products provided for purchase from third parties (“Affiliate Shops”) on the Site (the “Service”) and, among other things, the ability to assemble and discuss selected information and to move to the Affiliate Shops’ websites to further explore the products, their availability, their current pricing and to make purchases from Affiliate Shops. VNYLST does not sell any products. Sections I and II of these Terms and Conditions apply to all Users of the Service. Section III applies to Users who become Members of the VNYLST Community. (“Members” and “the Community”)
2. Eligibility to Use and/or Register on the Site.
The Site, Service, and Community are not intended for Users under the age of 13, and only persons of the age of 18 or older may register on the Site. VNYLST does not knowingly collect personally identifiable information from Users under the age of 13. Such Users are expressly prohibited from using the Service, from submitting their personally identifiable information to us, and from registering as a Member.
Users agree not to impersonate other persons, not to provide false information and not to rely on the identity or identification of other Users displayed on the Site because VNYLST does not employ any means to verify the true identity of registered users.
3. Property Rights
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If any person believes in good faith that materials on the Site infringe his copyright, he (or his agent) may send VNYLST a notice requesting that the material be removed, or access to it blocked, by writing to:
12825 Panama Street
Los Angeles, CA 90066
dig @ vnylst .com
This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VNYLST to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. VNYLST suggests that persons who believe that their copyrights have been violated consult a legal advisor before filing a notice. There can be penalties for false claims under the DMCA.
Users hereby acknowledge that company names, trademarks, logos and/or product designations on the Site are protected by law and may be registered, for the benefit of the Affiliate Shops, their suppliers, and VNYLST. Users acknowledge further that VNYLST is the owner, under United States and international law, of the intellectual property, including, without limitation, design patents, patents, copyrights, domains and trademarks for the content, display, configuration, underlying code, compilation and composition of the Site and Community except the content provided by third parties and Members which may, or may not be, jointly owned by, or licensed to, VNYLST, and who may, or may not be, affiliated with, connected to, or sponsored by VNYLST. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site, including the Community, are trademarks or trade dress of VNYLST in the U.S. and other countries. VNYLST’s trademarks and trade dress may not be used in connection with any product or service that is not VNYLST’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VNYLST or its Users. VNYLST disclaims any ownership in copyrights, trademarks, service marks, certification marks, group marks, design patents, domains and other intellectual property that may appear on the Site and belongs to third parties, including but not limited to the Affiliate Shops. In the event of a concern over infringement of, or actionable confusion with, such third party rights, please notify VNYLST promptly by contacting:
Osandi Robinson, President
12825 Panama Street
Los Angeles, CA 90066
dig @ vnylst.com
Users agree that they will access and/or use the Site and/or any content on the Site for their own personal use only, and will not access and/or use the Site for any commercial purpose except with the written permission of VNYLST.
4. Prices Stated on the Site
VNYLST strives to ensure but does not warrant that the prices stated by VNYLST in its Product Info and displayed on the Site are current. However, by using this Site, the User acknowledges that prices are determined, and often changed, by Affiliate Shops and that actual purchase prices may vary from those listed on the Site. The User further acknowledges that in the event of a conflict between the price stated in Product Info on the Site and the price listed by an Affiliate Shop on its website, the purchase price of any product is the price listed by the Affiliate Shop. Users acknowledge that VNYLST prices do not include sales tax. Sales tax will be determined by the shipping address of the order”
Users acknowledge that VNYLST does not update Product Info (including prices) on the Site in real time. Users acknowledge that VNYLST makes no representations about product availability and that products displayed on the Site may no longer be available for purchase from an Affiliate Shop at the time of a User’s redirection to the Affiliate Shop’s website.
Users promise not to publish on the Site, including the Community areas, inaccurate information on products displayed on the Site and their pricing and availability.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Certain features, functionality, and/or content offered on or through the Site may be hosted, administered, run or otherwise participated in by third parties, including but not limited to, our affiliate shops. These third parties may require that Users agree to their terms, conditions, contracts, agreements and/or rules. Compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely the responsibility of Users, and will have no effect on the continuing obligation of Users to comply with these terms and conditions. VNYLST expressly disclaims any and all liability in connection with the acts or omissions of such third parties.
We try to keep VNYLST up, bug-free, and safe, but you use it at your own risk. Users acknowledge that they are using the service at their own risk. The service is provided „as is“, „with all faults“ and on an „as available“ basis, and VNYLST hereby expressly disclaims any and all representations, warranties, and guarantees, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any content contained therein or provided by us or the service. VNYLST does not represent, warrant or guarantee that access to the site and/or communications or messaging between VNYLST and users/members will be uninterrupted, permanent, timely, or error free, or that there will be no failures, delays, inaccuracies, errors or omissions or loss of transmitted content, or that no software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature will be transmitted on or through the service, and VNYLST will not be liable in the event of any such occurrence.
VNYLST is not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received communications or messaging between VNYLST and users for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device or account, or any other cause or combination thereof.
VNYLST shall not be liable to users or any third parties for any direct, indirect, special, consequential, exemplary or punitive damages allegedly sustained arising out of these terms and conditions, the service, the site, the community, any sale or purchase made directly or indirectly through the site, use or misuse of any merchandise, products and/or services, including without limitation content, user’s ability or inability to access, visit and/or use the service, including damage to a user’s computer, mobile or other device, or for software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature alleged to have been obtained from the service, a user’s access, visitation, and/or use of, or reliance on, the service or any of the merchandise, products, services and/or content available on or through the service, regardless of the type of claim or the nature of the cause of action, even if VNYLST is advised of the possibility of such damages. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. In no event shall VNYLST pay any amount of damages to any user for any claim arising out of these terms and conditions.
VNYLST is not liable for any unauthorized acquisition of personal details of Users by third parties, such as by hackers.
THIS DISCLAIMER OF WARRANTY AND limitation of liability ALSO applies to the personal liability of VNYLST’s officers, employees, representatives and agents and THOSE OF THE USER.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE TERMS AND CONDITIONS ARE NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, VNYLST’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
Users warrant to use the Content in a legal manner and to never upload, publish or disseminate through the site third-party material without the authorization of such third party, in particular, but without limitation, material protected by intellectual property laws, such as copyrights and trademarks, or material that would violate competition laws.
To the extent permitted by law, VNYLST’s liability and the liability of the User shall be limited to $100 as liquidated damages reasonably anticipated to compensate for damages incurred by either of the Parties or the amount you have paid VNYLST in the past twelve months, in the event that these limitations of liability should fail.
6. ENFORCEABILITY UNDER LAW
These Terms and Conditions as well as any claim that might arise between VNYLST and any Users are governed by, construed under and enforced in accordance with the laws of the State of New York, without regard to its choice of law provisions and treaties. These Terms and Conditions are subject to the exclusive jurisdiction of the U.S. District Court for the Southern District of New York or the state court of the state of New York in Manhattan. The User and VNYLST each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If any part of these Term and Conditions is for any reason found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect.
7. INDEMNIFICATION AND CONDUCT
If anyone brings a claim against VNYLST related to your actions, content or information on the Site, including the Community, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on the Site, including the Community, and are not responsible for the content or information users transmit or share on VNYLST. VNYLST is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information a User may encounter on the Site, including the Community. VNYLST is not responsible for the conduct, whether online or offline or any user of the site, including the Community.
When a User uses any VNYLST Site, Service or Community, or sends e-mails to us, the User is communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the Service or in the Community. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. LICENSE AND LIMITATIONS
Subject to your compliance with these Terms and Conditions, VNYLST grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the VNYLST Site, including the Community. This license does not include any resale or commercial use of any VNYLST Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any VNYLST Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by VNYLST or its licensors, Affiliate Shops, Members, suppliers, publishers, rightsholders, or other content providers. No VNYLST Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VNYLST. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VNYLST without express written consent. You may not use any meta tags or any other hidden text utilizing VNYLST’s name or trademarks without the express written consent of VNYLST. You may not misuse the VNYLST Services. You may use the VNYLST Services only as permitted by law. The licenses granted by VNYLST terminate if you do not comply with these Terms and Conditions.
II. Use of VNYLST Site
1. VNYLST provides information to Users about the products and websites of its Affiliate Shops (“Product Info”) on the Site. This Product Info has been provided to VNYLST by its Affiliate Shops. VNYLST and the Affiliate Shops are independent contractors that have contracted at arm’s length with one another, and not partners or joint venturers. VNYLST and Affiliate Shops operate their respective businesses and websites independently at all times.
2. VNYLST is not responsible for its Affiliate Shops’ websites or web content, nor any other third party’s website or web content referred to (by link or otherwise) on the Site. VNYLST’s display of Product Info does not constitute an endorsement of such products, Affiliate Shops or their websites.
3. VNYLST reserves the right to modify how it displays Product Info and to add, delete or suspend transmission of such Product Info through its Site at any time, with or without cause, and without prior notice to Users.
4. Products displayed or described within Product Info on the Site are Affiliate Shop products, not VNYLST products. These Terms and Conditions govern the use of the Service offered by VNYLST, and do not constitute terms or conditions imposed by Affiliate Shops on Users. Purchase of the products displayed within Product Info on the Site is a purchase from the Affiliate Shop and constitutes a transaction between the Affiliate Shop and the User alone.
5. If a User clicks on Product Info on the Site, the User will be redirected to the website of an Affiliate Shop offering the corresponding product. Before a User makes a purchase from the Affiliate Shop website, the User should verify information about the product to be purchased with the Affiliate Shop, including the purchase price and availability of the product.
6. Our search mechanism
Thousands of products out of a vast number of online shops in fashion, clothing, accessories, living, beauty and lifestyle can be browsed by our search function. Therefore, we capture the respective retailers’ range of products in our search index by product name, description, characteristics, category and price. The index is updated each day so that you always get the latest offers. We compare your search term with all recorded data for a product range as wide as possible. We assess the results’ relevance and chronological order by certain criteria (e.g. an exact match before a similar match or a match in category before a match in description etc.)
So, it is possible that the search result includes hits that match your search term in product name, type of product, description, characteristics and/or category. Your search result can also include hints that only partly match your search word. (e.g. search word ‘TOM’ – search result ‘TOMATE’). Search queries which consist of more than one word can lead to an offer where the terms don’t seem connected to the search word (e.g. search word: ‘jacket TOM’ – search result: products of the brand Tom and other retailers’ jackets)
For a search that is easy to handle, we installed an auto-complete-function. You already get suggestions during entering the search word so that you can notice whether or which brands, products, categories are offered respectively which brand, products, categories match with your search the closest.
If you have any further questions to our product search mechanism, want to improve something or point out any mistakes or infringements of property rights to us, we will be pleased to hear from you. Just write an E-Mail to us
dig @ vnylst .com
III. Use of the VNYLST Community
1. Scope and Services
1.1 VNYLST allows Users who register through the Site (“Members”) free membership to the VNYLST Community (“Community”). Members acknowledge that they are also Users of the Site.
1.2 The following features (“Features”) are available to Members through the Community:
(a) A Member may create his/her own user profile (“Profile”) and add content to his/her Profile (such as photos and text), save his/her own personal information (such as dress size and favorite shops), and store and create lists of favorite products.
(b) A member may make comments or provide recommendations and reviews for products, brands, shops, classes and/or other Members, may view other Members’ Profiles, may follow and/or contact other Members, and may store personalized searches and receive personalized search results.
(c) A Member may use the HEART symbol on the Site to express a favorable opinion on, or select, Content on the Site, such as products, other Members’ profiles, articles, or comments.
(d) A Member may import information from social media platforms, such as Facebook and Twitter, and can automatically synchronize their Profiles and Hearts with other Members.
1.3 VNYLST may suggest new Members, trendsetters, articles, brands, categories or shops to Members by email or to their Profile, based on Members’ activities within the Community.
1.4 Participation as a Member is free of charge or membership fees but Members are responsible for access charges they may incur through their communications providers.
2.1 During the registration process, Users may be asked to provide personal information, including full name, gender, email address, username and password. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and agree to accept responsibility for all activities that occur under their account or password. VNYLST reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
2.2 Users agree not to make false statements about themselves and not to register under a false identity. Members shall promptly notify VNYLST of changes to information required for registration.
2.3 Users may register for the Community using an existing email address or an existing Facebook account. If a User uses an email address for such registration, the User will choose a password for access to the Community. If a User uses a Facebook account for such registration, the password for the Facebook account will automatically become the password for the Member’s entry to the Community. Members should keep their passwords private. Except under a subpoena or other compelling directive by a court of law, VNYLST will not disclose passwords to any third party. VNYLST will not ask Members for their password except when the Member seeks access to the Site.
2.4 VNYLST cannot and does not guarantee that any personal information provided by any Member about him/herself is accurate. Members warrant to independently verify the accuracy of the displayed information about other Members and not to rely on the information displayed on the Site, including the Community and any Content.
3. Member Obligations
3.1 Members are responsible for all photos, texts, commentaries, videos, audio files, collages, multimedia and other materials that they add to the Community, even if such content is “embedded content” or links to third party websites which the Member posts to the Site (collectively, “Member Content” or “Content”).
3.2 Members agree that they will not violate any law, civil or criminal, in connection with their use of the Site.
3.3 Members agree that they will not engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Site.
3.4 Members agree that they will not use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia.
3.5 Members agree that they will not post Member Content or link to any content or website that (i) infringes third party rights (including without limitation patents, design patents, trademarks, copyrights, domains, privacy rights, naming rights) and/or (ii) violates any applicable law, including without limitation, competition law.
3.6 Members agree that they will not use names, mailing addresses, telephone numbers, email addresses, or any other personally identifiable information of third parties without the express consent of such third parties.
3.7 Members agree that they will not upload or to link to and/or send content, generated by machine, or chain emails, viruses, worms, trojans or other software or elements which endanger the Community or its Members. Without notice, VNYLST may delete any mass mailings or other mass distributions to Members in order to ensure the quality of use of the Community for other Members desired by VNYLST.
3.8 Members agree that they will not accept benefits from third parties for positive rating or evaluations on the Site or to promise such benefits to third parties.
3.9 Members agree that they will not use the Community for their own commercial purposes or for any other non-personal use.
3.10 Members agree that they will not use tools, algorithms, or other automatic functions to generate page views or Member Content.
3.11 Members will not allow any third party access to the Community through their Profile, regardless of whether such third party is a Member.
3.12 Affiliate Shops which become Members may not rate their own Content nor form agreements with third parties in order to receive positive ratings for the Content of such Affiliate Shops.
3.13 Members may delete their own Content.
4. Grant of Rights
4.1 Each Member grants VNYLST and other Members the non-exclusive right to use its Member Content for the duration of membership.
4.2 Each Member agrees that VNYLST distributes, advertises or other displays Member-contributed Content in the Community which may be in the form of smaller images of Content generated by VNYLST (“thumbnails”), which may be found by Search Engines for their distribution and display outside of the VNYLST Site.
4.3 Each Member grants VNYLST and its Affiliate Shops a non-exclusive, transferable right to use his/her Member Content for the duration of membership for the purpose of commercially exploiting and utilizing the Member Content and for the benefit and purposes of the Community and other purposes. The rights granted hereunder include:
4.3.1 the rights of VNYLST to store, archive, copy, distribute, transmit, publish, broadcast and publicly communicate Content, regardless of the method of transfer/transmission (particularly via the Internet, mobile digital services and telecommunications platforms and services, TV, satellite, radio, cable or print) to be received by any device.
4.3.2 the right of VNYLST to export, link to or submit Content to a third party in whole or in part, from the Community on VNYLST appearances on social media platforms and other interpersonal communication or user-driven online services, such as Facebook and Twitter, in the Community, or make such Content available to third parties to then forward it to those platforms and services.
4.4 VNYLST grants its Members the non-exclusive, limited, revocable right to display screenshots of their own content on other websites, including, without limitation, blogs and social media sites.
4.5 The Parties mutually grant these rights only for non-disparaging uses.
5. Responsibility for Content
5.1 Members are solely responsible for their own Content.
5.2 VNYLST does not moderate or pre-screen any Content uploaded or submitted by Members and is not responsible for any such Content, including the accuracy or legality of the Content.
5.3 If VNYLST becomes aware of any illegal Content or any Content which breaches these Terms, VNYLST may delete such Content immediately, and VNYLST may refer such information to the appropriate authorities without first corresponding with the Member whose account displays such content.
6. Infringement, Exclusion and Withdrawal from the Community
6.1 If a Member breaches any of these Terms and Conditions, VNYLST may in its sole discretion and without prejudice to any other claims exclude the Member from the Community, without prior notice and subsequent recourse, and suspend or block, at VNYLST’s discretion, that Member’s profile and/or delete the Content posted by that Member, temporarily or permanently.
6.2 If a Member believes that any Content infringes the rights of a third party, applicable laws or these Terms and Conditions, please provide a detailed description of the offending content by e-mail or postal mail to:
Osandi Robinson, President
12825 Panama Street
dig @ vnylst.com
6.3 If a Member deletes its own Profile and leaves the Community, VNYLST will delete that Member’s Profile and the Content uploaded by that Member. However, this provision does not extend to Content sent, exported or otherwise transferred to third parties or other social media platforms by VNYLST or a Member during their membership with the Community.
7. Consent to Receive Newsletters and “User of the Week”
7.1 Each Member expressly consents to receiving the VNYLST newsletter with articles about Affiliate Shops through its Profile or to its designated email address.
7.2 Each Member expressly consents to receiving a personalized newsletter from VNYLST based on its Hearted articles or the information on its Profile through its Profile or to its designated email. Each Member agrees that its Profile or information contained in its Profile may appear in the newsletter as “User of the Week”.
7.3 Each Member expressly consents to being featured in the Community as a “User of the Week”.
7.4 Each Member expressly consents to being featured in the editorial content of the Community, in which fashion trends or current products are described. This may include featuring a Member Profile and stating the Member’s user name or other information contained in the Member’s Profile.
V. VNYLST Contact Information
To contact VNYLST:
Osandi Robinson, President
12825 Panama Street
dig @ vnylst .com
VNYLST is a corporation registered in the State of Delaware with corporate offices in the State of New York.
VI. Press Inquiries
For press releases and similar information, please contact:
Osandi Robinson, President
dig @ vnylst.com
VII. Serving a Subpoena
If you have a subpoena to serve on VNYLST, please note that VNYLST does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on VNYLST, preferably by mailing the subpoena to:
Attn: Annette Barlow
260 Sheridan Avenue
Palo Alto, CA, 94306
dig @ vnylst.com
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for certain information.