We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
GoingThruVinyl provides users with access to a rich collection of on-line resources, including without limitation business web page hosting services, consumer web page hosting service, on and off-line advertising services, couponing services, and the ability to contact merchants from whom consumers or businesses seek deals, or connections (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
The Service is available to individuals who are at least 18 years old and able to do business in Canada. If you do not so qualify, do not attempt to register for or use the Service. GoingThruVInyl may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
In order to take advantage or use some of the features offered with the Services, you may be required to register and/or create an account with GoingThruVinyl. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. GoingThruVinyl reserves the right to close your account at any time for any reason or no reason, in its sole discretion. There are three classes of user accounts:
In consideration of use of the service, you agree to:
Additionally, you agree that if you provide false information to obtain access to a GoingThruVinyl business site that you are not legally entitled to claim, GoingThruVinyl will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by GoingThurVinyl from you. You understand and agree that the service may include certain electronic and telephone communications from GoingThruVinyl, including but not limited to, service announcements, status reports, administrative messages and the GoingThruVinyl Newsletter, and that these communications are considered part of GoingThruVinyl membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GoingThruVinyl, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. GoingThruVinyl does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
By using the Service you agree to hold responsibility for all Deals that you submit. GoingThruVinyl has no obligation to monitor user submitted content. However, GoingThruVinyl reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person’s privacy, distributing of unsolicited advertising, sexual, racial or religious content. You also agree that you will not seek to enforce any copyright on a specific coupon offer. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the GoingThruVinyl directory and to grant GoingThruVInyl a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with GoingThruVinyl's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by GoingThruVinyl.
If you as a merchant use either the sales, promotion, or the couponing feature (known collective as ‘Deals’) to provide consumers with Deals through the GoingThruVinyl platform, you represent and warrant that you have authority to offer such a Deal and promise to honor the terms of that deal as they are presented to the consumer through the GoingThruVinyl platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify GoingThruVinyl against any claims by users of the Service that the terms of a coupon or other offered deal were not honored.
GoingThruVinyl does not claim ownership of the Content you place on your GoingThruVinyl Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the GoingThruVinyl website or otherwise through the Service, you:
You agree not to provide GoingThruVinyl with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that GoingThruVinyl does not pre-screen Content, but that GoingThruVinyl and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, GoingThruVinyl and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an account (whether basic or Plus), materials (whether videos, still images, Forum posts, submissions or other communications) may no longer be accessible.
Accounts may be archived, or materials may be purged at such time intervals as GoingThruVinyl or its third party service provider(s) determine in their sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that GoingThruVinyl is not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
You agree to indemnify and hold GoingThruVinyl, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
GoingThruVinyl offers users the ability to create "channels" or "groups" focused on a particular area of interest, and also offers access to Forums as part of the Services. A "Forum" refers to a bulletin board, virtual community or other means for users to engage in public commentary or discussion, which may be found in various areas of the GoingThruVinyl’s Site, including within channels and groups. You may make "comments" throughout the GoingThruVinyl’s Site, sharing your opinions about others' content or send messages to individual users, as applicable. Channels, groups, comments and Forums are offered for, non-commercial use only. You shall not, without GoingThruVinyl's express written approval, distribute or otherwise publish via any of the Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Services, your privilege to create channels and groups, make comments and to participate in the Forums is dependent on your continued compliance with these Terms of Service, specifically including the COMMUNITY STANDARDS AND CONDUCT policy below. GoingThruVinyl may revoke your privileges, terminate your registration/account or take any other measures deemed by GoingThruVinyl to be appropriate, in its sole discretion, to enforce these Terms of Service if violations are brought to our attention. You agree that GoingThruVinyl may change, remove or replace any channel or group name for any reason. We may refuse to grant you, and you may not use, a GoingThruVinyl channel or group name that is already being used by someone else; that may be construed as impersonating a company or another person; that belongs to a company or another person; that violates the intellectual property or other rights of any entity or person; that is offensive; or that we reject for any other reason. Please note that channel and group names may be viewed by the public, so you should not choose a channel or group name that personally identifies you.
A NOTE ABOUT COMMUNICATION PRIVACY: You should consider all communications to be public and not private communications. Although GoingThruVinyl reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
You agree that GoingThruVinyl , in its sole discretion, may terminate your password, GoingThruVinyl Site, use of the Service or use of any other GoingThruVinyl service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GoingThruVinyl believes that you have violated or acted inconsistently with the letter or spirit of the Terms. GoingThruVinyl 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 any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that GoingThruVinyl may immediately deactivate or delete your GoingThruVinyl Site and all related information and files in your GoingThruVinyl Site and/or bar any further access to such files or the Service. Further, you agree that GoingThruVinyl shall not be liable to you or any third-party for any termination of your access to the Service.
You also agree that GoingThruVinyl, in its sole discretion, may terminate your ‘GTV Local Pick Up Store” capabilites from the GoingThruVinyl site, with its sole discretion and at any time for any reason. GoingThruVinyl is not responsible for any lost, damaged or stolen items that occur before, during or after the ‘GTV Beacon Store’ transaction takes place from the buyer, seller or store. If GoingThruVinyl believes that you have violated or acted inconsistently with the letter or spirit of the Terms. GoingThruVinyl 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 any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that GoingThruVinyl may immediately deactivate or delete your GTV Beacon Store and all related information and files in your GoingThruVinyl Site and/or bar any further access to such files or the Service. Further, you agree that GoingThruVinyl shall not be liable to you or any third-party for any termination of your access to the Service.
GoingThruVinyl runs advertisements and promotions on GoingThruVinyl Sites. By creating your GoingThruVinyl Site, you agree that GoingThruVinyl has the right to run such advertisements and promotions. The manner, mode and extent of advertising by GoingThruVinyl on your GoingThruVinyl Site are subject to change in the sole discretion of GoingThruVinyl.
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree that GoingThruVinyl shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Joining GoingThruVinyl and listing items when you provide the metadata is free. We do charge fees for using other services, such as when items are sold. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that policy are effective after we provide you with at least fourteen days' notice by posting the changes on the GoingThruVinyl site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.
Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your GoingThruVinyl listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GoingThruVinyl has no control over such sites and resources, you acknowledge and agree that GoingThruVInyl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GoingThruVinyl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree that all content and materials delivered via the Service or otherwise made available by GoingThruVinyl are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by GoingThruVinyl in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at GoingThruVinyl's website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from GoingThruVinyl's website to create or compile, directly or indirectly, a collection, database or directory without written permission from GoingThruVinyl is prohibited. Any third party that contacts our users for commercial reasons, including selling them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.
Reproducing, copying or distributing any content, materials or design elements on the GoingThruVinyl’s website for any other purpose is strictly prohibited without the express prior written permission of GoingThruVinyl. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. GoingThruVinyl grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GoingThruVinyl for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
IN NO EVENT SHALL GOINGTHRUVINYL (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF GOINGTHRUVINYL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
GoingThruVinyl respects the intellectual property rights of others and we ask our users to do the same. Please email us to see our copyright policy at firstname.lastname@example.org
The Terms constitute the entire agreement between you and GoingThruVinyl and govern your use of the Service, superseding any prior agreements between you and GoingThruVinyl (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with GoingThruVinyl's prior written consent. GoingThruVinyl may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other GoingThruVinyl services, third-party content or third-party software. The Terms and the relationship between you and GoingThruVinyl shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and GoingThruVinyl agree to submit to the personal and exclusive jurisdiction of the courts located within Essex County, Ontario. The failure of GoingThruVinyl to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to us at email@example.com.