Terms of Service
TERMS OF SERVICE
Date of Last Revision: August 15, 2020
1. Welcome to Vocal Power Presents
2. Access to & Use of Service
2.1 Use Description
2.2 Your Registration Obligations
2.3 Member Account, Password and Security
2.4 Modifications to Service
2.5 General Practices re Use and Storage
2.6 Mobile Service
2.7 Refund Policy
3. Conditions of Use
3.1 User Conduct
3.3 Recurring Subscriptions
3.4 Commercial Use
4. Intellectual Property Rights
4.1 Service, Content and Trademarks
4.2 Third Party Material
4.3 Copyright Complaints
5. Third Party Websites
6. Social Networking Services
7. Indemnity and Release
8. Disclaimer of Warranties
9. Limitation of Liability
10. Binding Arbitration; Class Action Waiver
13. Contact Us
1. Welcome to Vocal Power Presents!
1.1 Introduction: Vocal Power, LLC d/b/a Vocal Power Presents (“VPP”, “we”, “us”, “our”) provides its services (described below) to you through its website located at vocalpowerpresents.nyc (the “Site”) and related services (collectively, such services, including any new features and applications and the Site, the “Services”), subject to the following Terms of Service (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications: We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
2. Access to and Use of Service
2.1 Use Description: The Vocal Power Presents service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Vocal Power Presents subscription, we grant you a limited, non-exclusive, non-transferable license to access a specific quantity of Vocal Power Presents content and view such content through the Service on a streaming-only basis for that purpose. Except for the forgoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the Service for or as a public performance as defined by U.S. Copyright Law. Vocal Power Presents reserves the right to revoke your license at any time in its sole discretion.
2.3 Member Account, Password and Security: You agree that you will not use another Vocal Power Presents registrant’s account and you will not share your valid account with anyone else. You agree that you are fully responsible for any and activity that occurs under your login name and password, and that it is your responsibility to keep your login name and password secure. You also agree to (a) immediately notify Vocal Power Presents of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each content streaming session while using the Service. Vocal Power Presents is not liable for any loss or damage arising from a Site Registrant’s or User’s failure to comply with this section 2.3.
2.4 Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that VPP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your Personal or Account Information for any period of time beyond what may be required by applicable law.
2.5 General Practices re Use and Information Storage: You acknowledge that VPP may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other information will be retained by the Service.
2.6 Mobile Service: The Service may include certain services that are available via a mobile device including (i) the ability to stream content to a mobile device, (ii) the ability to browse Service content from a mobile device, and (iii) the ability to access certain features from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard changes, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You acknowledge that VVP is not liable for the service limitations of your device or telecom service provider.
3. Conditions of Use
3.1 User Conduct: You, the User, are solely responsible for all code, video, images, information, data, text, software, music, sound, screen shots, photographs, graphics, or other materials (“content”) that you download, stream, publish, or display (“hereinafter, “stream”) or otherwise use via the Service. VPP reserves the right to investigate or take appropriate legal action against anyone who, in VPP’s sole discretion, violates this provision, including without limitation, removing content from the Service, reducing, suspending or canceling the account of such violators and reporting them to law enforcement authorities or the relevant content copyright holder/s.
You agree NOT to use the Service to:
- Stream or otherwise access any content via the Service or attempt to hack or improperly upload any data or content to VPP or the Service that: (i) infringes any intellectual property right or any other proprietary right of any party; (ii) you do not hold a right to stream under any law or under any contractual relationship; (iii) that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of the Service or VPP; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, or invasive of another’s privacy, racist or otherwise objectionable; (vi) in the sole judgement and discretion of VPP, is objectionable or which restricts or inhibits any other person from access to and full enjoyment of the Service or may expose VPP or its users to any harm or liability.
- Interfere with or disrupt the Service or any servers or networks connected to the Service or disobey or breach any Term of Use or Term of Service, requirement, procedure, policy or regulation of the Service or any server or network connected to the Service.
- Violate any applicable local, state, national or international law or regulation.
- Impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity.
- Improperly harvest or collect User data held by the Site or VPP without right or authority;
- Obtain or attempt to access or obtain any content or information held by the Site or VPP not intentionally made available or provided to you by VPP, the Site or Service.
3.2 Fees: For access to certain Service features and content, you will be required to select a payment method and provide VPP with information regarding your US Bank issued credit card or debit card. (“Payment Information” and “Payment Instrument”) You warrant to VPP that such Payment Information is true and correct, and that you hold the authority to use the Payment Instrument. You further agree to pay VPP the amount agreed to in your chosen Service Subscription Plan in accordance with it and these Terms of Service. You hereby authorize VPP to credit your Payment Instrument in accordance with the terms of the Service Subscription Plan until such time as your subscription terminates or ends. In the event of a dispute over any charge VPP has made to a Payment Instrument, you agree to let VPP know of such dispute within forty-five days after the date of the disputed charge. VPP reserves the right to change, increase or decrease any Service fee at any time and for any reason. Your automatic or manual Service renewal after any fee change constitutes your agreement to pay the new fee. Finally, you shall be responsible for any and all applicable sales tax associated with the Service. Finally, User payments are non-refundable and there are no credits extended for partially used Subscription periods or streams.
3.3 Cancellations: A User may cancel their VPP subscription at any time by going to the User Dashboard menu, click the Billing Tab, choose Change Plan, option Cancel Membership.
3.4 Commercial Use: Unless expressly authorized by VPP in writing, you agree not to stream, display, distribute, reproduce, duplicate, copy, modify, sell, resell, or exploit for any commercial purpose any portion of the Service, use of the Service, or any content accessed by you via the Service.
4. Intellectual Property Rights
4.1 Service, Content and Trademarks: You acknowledge and agree that the Service may contain or include access to content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other intellectual property rights. Except as express authorized by VPP, you agree not to stream, display, distribute, reproduce, duplicate, copy, modify, sell, resell, create derivative works or otherwise improperly exploit or infringe such Service Content. The Service Content, as well as the software and technology underlying the Service or distributed in connection therewith are the property of VPP, our affiliates or partners. Any rights not expressly granted by your Service Subscription and these Terms of Service are reserved by VPP.
The Vocal Power, LLC and VPP name and logos are trademarks and service marks of VPP. Other brand or service names and logos identified in the Service Content are the intellectual property of their respected owners, and nothing in this Terms of Service or the Service should be construed as granting by implication, estoppel or otherwise any license or right to use any of Vocal Power, LLC or VPP’s trademarks displayed on the Site or Service without prior written permission thereto. All goodwill generated from the use of Vocal Power, LLC and VPP’s trademarks will inure to the benefit of Vocal Power, LLC and VPP alone.
4.2 Third Party Material: VPP shall not be held liable to you in any way for the accuracy, reliability, or completeness of any Third-Party Content found on the Site or accessed via the Service.
4.3 Copyright Infringement Complaints: Vocal Power, LLC and VPP respects the intellectual property rights of others, and we require that you and all Service Users do the same with respect to all Site and Service Content. If you believe that your work or copyright rights have been infringed or violated in any way, please follow the following Copyright Infringement Claim (“CIC”) procedure below promptly or contact us by email at firstname.lastname@example.org.
For your CIC to be effective, please submit notice thereof to VPP in writing including the following information: 1. An electronic or actual signature of the person authorized to act on behalf of the copyright holder; a description of the work at issue; a detailed description as to where the work is located on the Site or Service; your complete contact information (name, address, telephone and email address), and a notarized statement you as to why you hold a good faith belief that copyright in the work has been improperly infringed. VPP will review the CIC and holds sole discretion for determining whether the work will be removed from the Site or Service until such time that a judicial determination is made or the parties in dispute settle the dispute.
5. Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the internet. Vocal Power, LLC and VPP has no control over such sites and resources and, accordingly, not responsible for the activity on such sites or the data or content found on such resources nor liable for such.
6. Social Networking Services: Vocal Power, LLC and VPP is not responsible for the accuracy, reliability, completeness or availability of any data, information content, opinion, advice or statements made on or available in connection with a Social Networking Service (“SNS”) such as Facebook or Instagram. Accordingly, Vocal Power, LLC and VPP is not liable for any damage or loss cause or alleged to be cause by any such Social Networking Service’s information or activity.
7. Indemnity and Release: To the fullest amount allowed by law, you agree to release, indemnify and hold Vocal Power, LLC and VPP harmless from any and all losses, damages, expenses, including reasonable attorney fees, rights, claims, actions of any kind and injury related to your use of the Service, any Service Content, your violation of these Terms of Service or your violation of the rights of any person or entity related to the Site and Service. If you are a California resident, you agree to waive California Civil Code Section 1542, which states: “ 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.” If you are a resident of another jurisdiction, you waive any comparable law, statute, regulation or doctrine.
8. Disclaimer of Warranties: YOUR USE OF THE VPP SITE AND SERVICE AS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED HEREIN, VPP AND VOCAL POWER, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VOCAL POWER, LLC AND VPP MAKE NO WARRANTY TO YOU THAT (1) THE SERVICE WILL MEET YOUR REQURIEMENTS, (II) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE CONTENT THAT MAY BE STREAMED, ACCESSED OR OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THAT THE QUALITY OF ANY CONTENT, SERVICE, INFORMATION, OR OTHER INTELLECTUAL PROPERTY OR PRODUCT PURCHASED, OBTAINED OR LICENSED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOCAL POWER, LLC AND VPP WILL NOT BE LIABLE OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFIT INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCT, SERVICE, LICENSE OR TRANSACTION ENTERED INTO THROUGH, FROM OR WITH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, (IV) CONDUCT OF ANY THIRD PARTY ON, ASSOCIATED WITH OR RELATED TO THE SITE OR SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. IN NO EVENT WILL VOCAL POWER, LLC OR VPP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO VPP IN THE LAST THREE MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMANGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver: You, Vocal Power, LLC and VPP agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between and among us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based on contract, tort, statute, fraud, or misrepresentation or any other legal theory. The only disputes excluded from this prohibition are litigation of certain intellectual property and small claims court claims, as specified below:
You agree that in the event that you have a dispute with us, before taking formal legal action, you will contact us at email@example.com and provide a brief, written description of your dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement between them directly through consultation and good faith negotiations as a condition to either and both parties prior to initiating a lawsuit or arbitration.
All disputes, claims or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedure identified above shall be resolved by individual binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules, excluding any rules or procedures permitting class actions. You agree that any arbitration will be held in the County of New York in New York State unless the parties mutually agree the arbitration may be held elsewhere in the United States or by telephonic arbitration.
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or a portion of these Terms of Service are void or voidable, or whether such claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available to either party under law or equity, and the arbitrator’s decision shall be written, binding on the parties, and filed in the any court of valid and competent jurisdiction.
The parties shall split the cost of such binding arbitration filing fees and arbitration fees unless the arbitrator find the arbitration frivolous. You are solely responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witnesses unless applicable law passes any such fees to VPP.
You and we agree that such arbitration shall be conducted in the party’s individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU, VOCAL POWER, LLC AND VPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN AN PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth herein in Section 10 and above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set for above shall be deemed null and void in their entirety and the parties shall be deemed to have not agree to arbitrate disputes.
You or we may bring intellectual property disputes or actions in state or federal court with proper jurisdiction or in the US Patent and Trademark Office to protect intellectual property rights. You or we may also seek relief for small claims court claims within the scope of that court’s jurisdiction to the extent that such claims do not seek equitable relief
Finally, you have the right to Opt-Out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written to notice to us or your decision to opt-out to the address identified in Section 12 below within thirty (30) days of the initiation of your Service Subscription or within thirty (30) days of any change or revision to these Terms of Service so long as you are a current Service Subscriber at the time of such revision.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF ANY DISPUTE BETWEEN YOU, VOCAL POWER, LLC AND VPP REGARDING ANY ASPECT OF THE SITE OR SERVICE INCLUDING THE REGISTRATION, SUBSCRIPTION OR TERMINATION PROCESS, AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that VPP, in its sole discretion, may suspend or terminate your Subscription to or use of the Service for any reason, including without limitation, in the event that VPP believes that you have violated or acted inconsistently with the letter or the spirit of these Terms of Service. VPP may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that VPP in its sole discretion may terminate your access to the Service at any time and for any reason, and that Vocal Power, LLC and VPP will not be liable to you or to any third party for such termination of your access to the Service.
These Terms of Service constitute the entire agreement between you and VPP and govern your use of and access to the Service, superseding any prior agreements made between you and VPP and Vocal Power, LLC with respect to the Service. You may also become subject to additional terms and conditions that may apply when you use, access or stream third party services, third party content or third-party software or computer code. These Terms of Service shall be governed by the Laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth in Section 10 above, you and VPP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of VPP or Vocal Power, LLC to exercise or enforce any right or provision expressed in or implied by these Terms of Service shall not constitute a waiver of such right or provision.
If any clause contained herein in these Terms of Service is determined by the court to be void or unenforceable, all other clauses contained herein shall remain in full force and effect. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of the use of the Service or these Terms of Service must be filed by you within one (1) year after such claim or cause arose or be forever barred.
The section titles of these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or U.S.P.S. first-class “snail” mail.
Under no circumstance shall VPP or Vocal Power, LLC be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control including government shutdown, black outs, pandemics, terrorist attacks, hurricanes, tornados, tropical storms, extreme heat, earthquakes, and any service shut-down by any VPP technology partner caused by any reason whatsoever.
The Service may also provide notices to you of changes to its Terms of Service, Fees, or other matters by displaying notices or links to notices on the Site or Service.
The expression “Terms of Service” and “Terms and Conditions” are used synonymously and interchangeably by Vocal Power, LLC and VPP.
13. CONTACT US
Please contact us at the address below if you have any suggestions, wish to report any violations of these Terms of Service, or have any questions regarding these Terms of Service to Vocal Power, LLC or VPP.
Vocal Power, LLC
250 West 90th Street, Apartment 4E
New York, NY 10024