Terms of Service
Last updated: May 10, 2024
Introduction
Love Vocals is an all-encompassing ecosystem and end-to-end solution designed to support vocal artists at every stage of their career. It facilitates artists in writing, recording, and distributing original vocal tracks, while also providing a marketplace where these tracks can be showcased and sold to producers, DJs, and labels. This platform serves as a comprehensive hub for creativity, collaboration, and commerce, empowering vocalists to maximize their potential and reach in the music industry.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to Scotland. UK
- Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to LoveVocal.com of Sutherland, Scotland, UK.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to Love Vocals, accessible from https://lovevocals.xyz
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Overview
This website is operated by Love Vocals. Throughout the site, the terms “site,” “Love Vocals,” “we,” “us,” and “our” refer to Love Vocals. Love Vocals offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting and/or using our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms,” “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The site is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms using the Site.
General Terms
By agreeing to these Terms of Service, you represent that:
- You are not under the age of 16.
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
- You have the legal capacity and you agree to comply with these Terms of Use.
You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We are a service provider and make no representations as to the safety, effectiveness, accuracy, or legality of any of the information contained on the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose;
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Love Vocals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Love Vocals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Conditions Of Sale
Compositions and recordings (“vocal tracks”) are made available by third parties (“vocalists”) through the Site. Love Vocals requires all vocalists to confirm that their recordings and offerings do not infringe any third-party rights and that they have the necessary permissions to make the vocal tracks available and grant ongoing rights to purchasers.
Vocalists agree that they own 100% of the vocal tracks they offer for sale and/or have the appropriate licenses, copyrights, mechanical licenses, and all other permissions required to offer vocal tracks to others.
Seller Obligations
By uploading and selling vocal tracks and any associated artwork or other content, including your name, description, and photograph (together “vocal track content”) on the site, vocalists warrant and represent that:
- You have the authority and permission to make the vocal track content available in the manner offered by you;
- The vocal track content does not infringe the rights of any third party, including any sample owners, writers, artists, or musicians;
- The vocal track content shall not contain or transmit any virus or other harmful matter.
We reserve the right to terminate, suspend or remove any account or content which we believe breaches our terms and conditions, without liability to you. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs, and liabilities arising out of any breach by you of these terms.
Purchaser Obligations
As a purchaser of vocal tracks, your contractual relationship relating to the vocal tracks is with the licensor or seller of vocal tracks and not with Love Vocals.
When you purchase vocal tracks, it will be under the conditions and limitations of the license terms stipulated by the relevant vocalist. These terms will be presented prior to completing the purchase of a vocal track. If you do not agree to those license terms, you must not purchase that vocal track. Any exploitation by a purchaser which is outside of the vocalist’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.
Love Vocals does not guarantee satisfaction with any vocal tracks offered by vocalists. Refunds are at the sole discretion of the seller.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Love Vocals is not responsible for third-party access to your account that results from theft or misappropriation of your account. Love Vocals and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By using the Site you represent that all registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Collaboration Contracts and eSignature
At Love Vocals, we prioritize the security and clarity of collaborations through our automated collaboration contracts, which utilise eSignature technology. By opting for our contracts, both the buyer and the seller ensure that their agreement is legally binding and clearly defined.
Proxy Signature Clause
To facilitate a smooth and efficient signing process, Love Vocals acts as a proxy for eSignatures on behalf of both parties. This means that we use our signature to represent both the seller and the buyer, ensuring that the contract is executed without delay. However, it is essential to understand that this proxy signature does not imply any involvement or responsibility of Love Vocals in the collaboration or its outcome.
Ownership and Responsibility
Once a contract is signed, it becomes the exclusive property of the buyer and the seller. Love Vocals holds no claim over the content or terms of the agreement. By using our collaboration contracts, both parties agree that Love Vocals has no liability or involvement in the creative process, delivery, or final result of the collaboration.
Indemnification Clause
In the event of any dispute between the parties after the contract is signed, Love Vocals will not be held liable for any claims, damages, or losses. Both parties agree to indemnify and hold Love Vocals harmless from any such disputes, ensuring that our platform remains a neutral facilitator of the agreement.
These contracts help create sustainable and respectful writing teams, ensuring that all parties are protected and their roles clearly defined. The use of contracts not only protects your creative rights but also fosters a professional environment where artists can thrive without fear of exploitation.
For more information on our collaboration contracts and to understand their importance, please refer to our detailed guidelines and resources available on our platform. Remember, a well-defined agreement is the foundation of a successful and harmonious creative partnership.
Links to Third-Party Sites/Third-Party Services
Love Vocals.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Love Vocals and Love Vocals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Love Vocals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Love Vocals of the site or any association with its operators.
Certain services made available via Love Vocals.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Love Vocals.com domain, you hereby acknowledge and consent that Love Vocals may share such information and data with any third party with whom Love Vocals has a contractual relationship to provide the requested product, service, or functionality on behalf of Love Vocals.com users and customers.
Use of Communication Services
The Site contains messaging functionality and/or other message or communication facilities designed to enable you to communicate with other users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Love Vocals has no obligation to monitor the Communication Services. However, Love Vocals reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Love Vocals reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Love Vocals reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Love Vocals’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Love Vocals does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Love Vocals specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Love Vocals spokespersons, and their views do not necessarily reflect those of Love Vocals.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
International Users
The Service is controlled, operated, and administered by Love Vocals from our offices within the United Kingdom. If you access the Service from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Love Vocals content accessed through LoveVocals.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If you are a vocalist on the site, you can delete your account via the Manage Subscription link in the Love Vocals dashboard.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United Kingdom.
Contact Information
- By email: [email protected]
- By phone: 0208 144 8982
- Head Office: Sutherland, Scotland, UK