These are the terms and conditions (as defined below) of Vinylify, a trade name of Bored of Advisors B.V. (“Vinylify”), having its registered office in (1057 DT) Amsterdam, Postjesweg 1 (Dutch Chamber of Commerce number 56713126), that apply to the use of the Service as defined below.
Article 1 – Definitions
In these Terms and Conditions of Sale the following definitions are used with a capital letter, in single as well as plural. These definitions are:
||The agreement regarding the delivery of the Service between Vinylify and Buyer. The Agreement consists at least of these Terms and Conditions of Sale;
||The natural or legal person with whom Vinylify closes an Agreement;
||All information, data or files that Buyer makes available to Vinylify in the context of the Service, including – but not limited to – text, imagery and sound clips;
|Intellectual Property Rights:
||All rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights on knowhow;
||The music collection on the Website, from which Buyer can select a number of tracks, and for which music Vinylify has received a license to use the music in the context of the Service;
||The (digital) process on the Website where Buyer is able to select the Music Tracks they desire and to upload Content for the record cover;
||The privacy statement of Vinylify;
||The record created (manually) by Vinylify for Buyer as a result of the Service in the context of the Agreement;
||The service that Vinylify offers, consisting of putting Music Tracks selected by Buyer on vinyl and printing a record cover with Content chosen and made available by Buyer. The Service can be bought on the Website of Vinylify;
|Terms and Conditions:
||These Terms and Conditions;
||The website of Vinylify, available via the website www.vinylify.com
Article 4 – Execution of the Agreement
- Vinylify shall commit to executing the Agreement as soon as possible and delivering the Product. Buyer shall accept, however, that the manual cutting of vinyl records takes a lot of time and that Vinylify can only produce a limited amount of Products per day. Buyer shall therefore accept that all terms communicated to Buyer are merely estimations and not deadlines, unless explicitly agreed upon by letter.
- Vinylify shall execute the Agreement to the best knowledge and ability and in agreement with the requirements of good craftsmanship.
- Vinylify may enable third parties for the execution of the Service, provided that Vinylify remains responsible for the execution thereof.
Article 5 – Content
- Vinylify does not check and/or edit the Content and shall not be required to do so either. Buyer shall be solely and fully responsible and liable for the Content they provide.
- The use of the Product by Buyer shall be entirely at the own risk and responsibility of Buyer. Vinylify shall not accept liability for the use of the Product by the Buyer.
Notwithstanding any other provision in these Terms, Buyer shall guarantee that all Content they provide:
- does not infringe (intellectual property) rights or the personal privacy of Vinylify and/or third parties;
- does not contain (sexually) intimidating, offensive, discriminating, harassing or otherwise controversial messages;
- does not (in the opinion of Vinylify) conflict with good morals or good taste, is not violent, nor contains a link to pornographic material or pornographic websites, nor contains pornographic or erotic material; and
- is not unlawful or harmful to third parties or Vinylify.
- Vinylify shall remain the right to reject Content if this is necessary in its opinion, without this leading to any right of the Buyer to damages and/or liability of Vinylify.
Article 6 – Prices and terms of payment
- The rates as used by Vinylify at the moment of closing the agreement and as indicated within the Ordering Process on the Website shall always apply for the Service.
- All rates are in euros, including VAT.
- Buyer shall be obliged to complete payment of the amount due in advance. Payment shall be made in the manner as provided by Vinylify.
- Vinylify shall only implement the Agreement once Buyer has completed the payment. Vinylify shall no sooner be held to deliver the Product.
Article 7 – Intellectual Property Rights
- By making available/uploading Content to Vinylify, Buyer shall declare to possess all rights with regard to that Content and/or to have obtained the required license, and Buyer shall guarantee towards Vinylify that they have the right to make the Content available and to grant the license as meant in article 5.3 to Vinylify.
Article 8 – Liability
- In the context of the conclusion and/or execution of the Agreement, Vinylify shall not be liable for any damage arising from (culpable) failure, tort or otherwise, except for that which has been stated in the following paragraphs of this article.
- Any liability of Vinylify for other damages than direct damages, such as for consequential damages, derivative loss, lost sales and profit and immaterial damage shall completely be excluded.
Article 9 – Warranties and Indemnities
- Vinylify shall warrant to have received the required license with respect to the Music Tracks made available via its Website and to be qualified to grant the license to Buyer in accordance with article 7.2.
- Buyer shall warrant that the Content that they make available to Vinylify in the context of the Service is unencumbered and that there are no Intellectual Property Rights of others on it, and that the Content does not violate nor conflict with any right of third parties and that the use thereof is not unlawful to third parties.
- Buyer shall warrant that they shall not use the Service and or the Product:
- in such a way that Intellectual Property and or privacy rights of Vinylify or of third parties are violated and/or in any other unlawful way;
- in violation of applicable laws or regulations; and/or
- in violation of a provision of the Agreement.
- Buyer shall hold Vinylify harmless from all claims of third parties, damage and costs that result from an/or are connected to and/or result from a violation of abovementioned warranties in articles 9.2 and 9.3 by Buyer.
Article 10 – Privacy
- During the Order Process Buyer provides Vinylify with (personal) information. This (personal) information shall be processed according to the Privacy Statement of Vinylify and the applicable laws and regulations.
Article 11 – Availability and interruptions of the Service
- Vinylify shall always, without prior publication and without becoming liable or owing damages to Buyer, be entitled to make changes and/or improvements with regard to the Service and/or Website, to (temporarily) stop offering the Service and/or the Website and/ or to limit the use thereof if deemed necessary by Vinylify.
- Vinylify shall not warrant that the Service and (all parts of) the Website shall be available at all time and without interruptions or malfunctions. Vinylify shall in no way be liable or owe damages to Buyer for any damage resulting from the (temporary) unavailability or malfunctioning of (parts of) the Service and/or the Website.