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Vinyl Me, Please

Allgemeine Geschäftsbedingungen / Datenschutzrichtlinie

Am October 19, 2016
# Terms & Conditions 1. Scope of These Terms Welcome to vinylmeplease.com (the “Site”). By accessing or using the Site, you agree to be bound by these terms and conditions of use. The provision of information and services on this Site by the owners and operators of vinylmeplease.com (hereinafter “Vinyl Me, Please”) is subject to your agreement to the terms and conditions below. 2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vinyl Me, Please at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Copyright, Trademarks and other Intellectual Property Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Vinyl Me, Please and vinylmeplease.com are owned by Offbeat Ventures, LLC. None of the names, trademarks, service marks and logos of Vinyl Me, Please appearing on this Site may be used in any advertising or publicity, or otherwise to indicate Vinyl Me, Please’s sponsorship of or affiliation with any product or service without express written permission of Offbeat Ventures, LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of the owners and operators of vinylmeplease.com or the third party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. 4. Disclaimer of Warranty; Limitation of Liability Vinyl Me, Please makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Vinyl Me, Please does not warrant or make any representations concerning the accuracy, completeness, or reliability of the information and materials on this Site or on any site linked to it. The materials on Vinyl Me, Please’s Site are provided “as is” and “as available”. In no event shall Vinyl Me, Please or its suppliers be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use this Site, notwithstanding that Vinyl Me, Please or a Vinyl Me, Please-authorized representative may have been notified orally or in writing of the possibility of such damage. Please note that some jurisdictions do not allow the exclusion of implied warranties, or limitations of liability for consequential or incidental damages, so some of the above exclusions and limitations may not apply to you. 5. Revisions and Errata The materials appearing on Vinyl Me, Please’s website could include technical, typographical, or photographic errors. Vinyl Me, Please does not warrant that any of the materials on its website are accurate, complete, or current. Vinyl Me, Please may make changes to the materials contained on its website at any time without notice. Vinyl Me, Please does not, however, make any commitment to update the materials. 6. Links to Other Sites This Site may contain third party-owned content and/or include hyperlinks to third party-owned websites. We do not endorse, recommend or otherwise accept any responsibility for such third party websites or content. Use of any such linked website is at the user’s own risk and subject to separate terms and conditions of use. 7. Privacy Policy Vinyl Me, Please’s policies and practices relating to the online collection and use of personal information are described in its Privacy Policy (see below) . 8. Indemnification You agree to indemnify, defend and hold harmless Vinyl Me, Please and its respective affiliates, employees, officers, directors, agents, servants and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to (i) your violation of these terms and conditions and (ii) your posting of material to this Site. 9. Right to Change Terms and Conditions Vinyl Me, Please may from time to time change or add to these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these terms and conditions periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. 10. Governing Law These terms and conditions and the resolution of any dispute related to them shall be construed in accordance with the laws of the State of Colorado. Any dispute between Vinyl Me, Please and you related to these terms and conditions shall be resolved exclusively by the state and federal courts of the State of Colorado. International Shipping By ordering goods from Vinyl Me, Please destined to EU-member states specifically, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. You hereby give a proxy or power of attorney (“POA”) to Vinyl Me, Please’s designated shipping provider for the customs clearance of products ordered by you. This POA authorizes Vinyl Me, Please’s designated shipping provider’s assigned customs broker to act on behalf of you Vinyl Me, Please’s designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by Vinyl Me, Please’s designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from Vinyl Me, Please and transportation conditions from Vinyl Me, Please’s designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them # Privacy Policy Last Modified: 4/5/18 This Privacy Policy describes Vinyl Me, Please’s practices regarding the online collection and use of your personal information, and sets forth your general privacy rights. By visiting our website, www.vinylmeplease.com, or the website of any affiliated company, you agree to be bound by the terms of this Privacy. Information We Collect _Personal Information._ Vinyl Me, Please collects your personal information when you voluntarily provide it to us in connection with your subscription, including your name, address, email address and billing information. We also collect information (a username and password) that allows you to create an account to manage your subscription. Note that all credit card payments are processed by a third-party vendor via a secure link and, as a result, Vinyl Me, Please does not collect or store any credit or debit card information. _Non-Personal Information._ Vinyl Me, Please’s website uses "cookies" and similar technologies to collect information about how our site is used. Cookies help website operators determine if a particular user had visited the site previously and thus save and remember any preferences that may have been set. We may use cookies to keep track of information about your current web browsing session which will be discarded as soon as you log out or close your web browser. This information also allows us to statistically monitor how many people are using our site and for what purpose. We may also make use of “persistent or memory based” cookies, which remain on your computer’s hard drive until you delete them. Examples include our use of these cookies to pre-populate forms you complete on our website based on information you have previously provided to us, enable interest-based advertising and collect information about your web browsing history. Vinyl Me, Please uses the services of Google Analytics, and may use other similar services, to collect and analyze statistical data about visitors to our website. We also use Facebook advertising services, including a remarketing function, and may use other similar services, to arrange for you to see Vinyl Me, Please advertisements when you visit certain third party websites. These analytic and advertising services do not collect personally identifiable information. How We Use Information _Internal Uses._ Vinyl Me, Please may use your personal information to (1) provide you with the services and products you request, (2) assist its third-party vendor in processing payments for those services or products; (3) contact you about products or services that we offer; (4) send you our weekly newsletter; (5) conduct customer surveys; and/or (6) conduct internal cohort analyses to better refine the services and our marketing efforts. On occasion, we may also contact you to inform you of offers from third parties which may be of interest. _Disclosure of Information to Third Parties._ We will not disclose any personal information to any third party (excluding our contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process; (3) it is necessary to protect our property rights related to this website; and/or (4) to enforce our Terms and Conditions. We also may share aggregate, non-personal information about website usage with unaffiliated third parties. This aggregate information does not contain any personal information about our users. In the event Vinyl Me, Please is acquired by or merged with another company, it reserves the right to transfer or assign the personal information it has collected from you as part of such merger, acquisition, sale, or other change of control. GDPR Compliance _Transferring Personal Data From The EU To The US._ Vinyl Me Please is located in the United States. Information we collect from you will be processed in this country. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (GDPR). In an attempt to comply with the GDPR’s requirements, Vinyl Me, Please collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Vinyl Me, Please in a manner that does not outweigh your rights and freedoms. Vinyl Me, Please endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with Vinyl Me, Please and the practices described in this Privacy Policy. Vinyl Me, Please also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you. _Data Subject Rights._ The GDPR provides certain rights to online users located in EU countries, referred to in the regulation as “data subjects.” If you wish to confirm that Vinyl Me, Please is processing your personal data, or wish to access personal data Vinyl Me, Please may possess about you, please contact us at info@vinylmeplease.com. You may also request information about the purpose of the processing; the categories of personal data stored; who outside Vinyl Me, Please might have received the data; what the source of the information was (if you didn’t provide it directly to us); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by Vinyl Me, Please if it is inaccurate. Subject to certain exceptions, you may request that Vinyl Me, Please erase that data or cease processing it by emailing info@vinylmeplease.com. You may also request that Vinyl Me, Please cease using your data for direct marketing purposes. When technically feasible, Vinyl Me, Please will—at your request—provide your personal data to you or transmit it directly to another controller. _Data Protection Officer._ Vinyl Me, PLease has appointed an internal data protection officer for you to contact if you have any questions about VMP’s personal data policies or practices. VMP’s data protection officer can be reached using the contact information at the end of this Privacy Policy. Data Security Vinyl Me, Please uses industry standard measures to maintain the security of your personal information both during data collection and data storage. We retain personal information only for as long as needed for the purposes indicated in this Privacy Policy or for such other period as may be permitted or required by law. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. You acknowledge and assume the risk when communicating with us that security of your online information may be compromised. Vinyl Me, Please does not control and is not responsible for practices of any third-party websites that users may be linked to from our site. Children Under 13 Vinyl Me, Please does not knowingly collect personal information from children under the age of 13 without verifiable parental consent. If it is determined that such information has been inadvertently collected from anyone under the age of 13, we shall immediately take steps to ensure that such information is deleted from our database and servers. Anyone under the age of 13 must obtain parent or guardian permission to use our website. Online Industry Self-Regulation Vinyl Me, Please self-regulates pursuant to the Digital Advertising Alliance’s principles applicable to Interest-Based Advertising, to the extent our activities are covered by such principles. For more information about these self-regulatory principles, please see www.digitaladvertisingalliance.org/. Updates to this Policy We reserve the right to amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time. Contact Us If you have any questions about this policy or our privacy practices in general, please contact us via email at info@vinylmeplease.com or in writing at: Offbeat Ventures, LLC c/o Data Protection Officer 1752 Platte St. Unit 3 Denver, CO 80211
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