Conditions of Use

Below you will find our updated Conditions of Use, effective as of July 1, 2010. We have updated our Conditions of Use to reflect changes arising from the launch of our new web site.

1. Acceptance of Conditions of Use.
Each time you use our site you agree to be bound by these Conditions of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through Vinyl Expressions, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Conditions of Use. Please see our Privacy Notice, which is incorporated into these Conditions of Use by reference.

2. Our Service.
Vinyl Expressions ("we" or "us") and services provided to you on and through us are on an "AS IS" basis. You agree that the owners of Vinyl Expressions exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue Vinyl Expressions and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.
In order to use Vinyl Expressions, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering or purchasing you explicitly agree to our Conditions of Use.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Notice.

5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that Vinyl Expressions may expose you to Content that some may find to be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on Vinyl Expressions nor for any error or omission.

You explicitly agree that by using Vinyl Expressions or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt Vinyl Expressions or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use Vinyl Expressions and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Suggestion of Designs.
By providing any decal design suggestions to Vinyl Expressions:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through Vinyl Expressions. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with Vinyl Expressions or service, your provision of Content, your violation of this Conditions of Use or any other violation of the rights of another person or party.

10. Disclaimer Of Warranties.
You understand and agree that your use of vinyl expressions and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. Limitation Of Liability.
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, personal property, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, designs, trademarks, patents, trade secrets, and any other proprietary right that we may have in Vinyl Expressions, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of Vinyl Expressions or service without our prior written consent.

13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us and let us know.

14. Applicable Law.
You agree that this Conditions of Use and any dispute arising out of your use of Vinyl Expressions or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of Vinyl Expressions is located, without regard to its conflict of law provisions. By registering or using Vinyl Expressions and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of Vinyl Expressions is located.

15. Miscellaneous Information.
(i) In the event that this Conditions of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Conditions of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Conditions of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of Vinyl Expressions or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Conditions of Use and we shall be relieved of any further obligation.

16. Regarding Copyrighted and Trademarked Artwork.
All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Vinyl Expressions or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Vinyl Expressions and protected by U.S. and international copyright laws. All of the company or product logos included on this site are the trademarks or registered trademarks of their respective companies, and are provided as a convenience only for their lawful use.

It is the expressed intent of Vinyl Expressions that any unauthorized use of the aforementioned items by the purchaser shall be the sole responsibility of the purchaser. Purchase of any product from Vinyl Expressions is not authorization for the use of any specific logo or trademark. By ordering, you convey to Vinyl Expressions you have authority (if need be) to use the above artwork. The submission of any order constitutes a representation and warranty by the individual or entity submitting the order that such individual or entity is the owner of all trademarks or copyrighted material contained therein or has obtained any required consents or authorizations from the owner(s) to print such material.

The display of any design or logo you request is for demonstration purposes only and does not indicate or imply that any such design or logo may be reproduced without the authorization of the owner of any trademark, copyright or other right in such design or logo.

17. Situations Which Warrant Lawful Reproduction.
Many situations warrant lawful reproduction of trademarked or copyrighted logos and artwork, but only when the proper permission is obtained from the rightful owner of the design. Circumstances in which artwork is commonly reproduced include, but are not limited to, the following:
* Competition endorsement by a manufacturer of a participant.
* Replication of franchise or parent-company artwork by rightful partners.
* Advertising materials for parent companies, partner companies, or related entities who have obtained an endorsement from one another.
* Authorized materials of any kind that have been explicitly requested by the rightful owner.

18. Copyrights & Trademarked Logos.
If a user submits an order for a product to us that includes a well-known trademark/logo of his company, we cannot and do not contact the company to determine whether or not the submitter is truly licensed to use the trademark/logo with the firm prior to manufacturing his order. There are tens of thousands of companies at any time which and are changing daily. Similarly, no commercial decal shop has the ability to verify the authorization of each. The responsibility of obtaining the proper authorization to reproduce artwork that is a registered trademark or copyright lies entirely with you and your company. You must secure the proper permission, if needed, before submitting any order that includes copyrighted logos or artwork. By continuing with your purchase you are conveying to us that YOU have authorization, or that YOU have secured permission to reproduce the requested trademark or logos for an authorized dealer, sponsor, advertiser, promotion, etc.

19. Your Business.
Our website is constructed in such a way so as to not be able to "Continue" with a purchase without conveying to us that you or your organization are authorized and assume all liability as to trademark issues for the product purchased. This is done when you agree to our Conditions of Use upon signing up and checking out. Even if no trademark or logo is involved, we require approval so as to make absolutely certain that authorization is without a doubt conveyed by all purchasers of any products. This authorization is displayed prominently on each catalog and product page so that no one is able to order without conveying authorization to purchase. Any effort to fraudulent purchase and entrap or damage us in anyway by misuse of trademark or copyright laws to create financial gain, discredit our good name and standing in the market place, etc. is subject to civil and criminal liabilities.

20. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, We shall immediately issue a credit to your credit card account in the amount of the charge.

21. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

If you have any questions please contact us.

Copyright © 2018 Vinyl Expressions.