1. TERMS AND CONDITIONS.
These terms and conditions ("Terms and Conditions") govern your use
of Visions’ technology and the use of the content available at its Website.
By using VISION BOX, you and those persons you know or reasonably should know
are using VISION BOX through your facilities, are deemed to have agreed to these
Terms and Conditions. If you do not agree to these Terms and Conditions, or
if you do not obtain the agreement of persons that you know or reasonably should
know have access to VISION BOX through your facilities, you may not access VISION
BOX as an authorized Subscriber. Periodic reference should be made to these
Terms and Conditions, as modifications will be made without notice and you will
be deemed to have agreed to such terms by your continued use of VISION BOX.
VISIONS reserves the right, for any reason at its sole discretion at any time,
to terminate, change, suspend or discontinue any aspect of VISION BOX, including,
but not limited to, content, features or hours of availability. VISIONS may
also impose limits on certain features of VISION BOX or restrict your access
to part or all of VISION BOX without notice or penalty. A Subscriber may not
sublicense, assign or transfer its Subscriber account or right to access VISION
BOX, and any attempt at such sublicense, assignment or transfer is void from
its inception.
2. MUSIC AUDITIONS.
As a VISION BOX Subscriber, you understand and agree that no synchronization
licenses, master use licenses, public performance licenses or any other rights
or licenses are granted or implied by your use of VISION BOX. Your sole and
only right is to Audition Music for the business purpose stated herein. The
presence of Music or other sound recordings on this Site does not alter U.S.
or International copyright laws. Licenses for broadcast or any other commercial
uses may only be granted by the copyright owners of the Music.
ANY REQUESTS FOR MASTER USE, SYNCHRONIZATION OR ANY OTHER LICENSES SHOULD BE
DIRECTED TO: Garo@visionsfromtheroof.com
3.REGISTRATION.
As part of the registration process, you shall identify yourself, the name of
your company (i.e., advertising agency), your company title, e-mail address,
telephone number, etc., and you will select a password and Subscriber name.
You must provide VISIONS with accurate, complete, and updated registration information
and a failure to do so shall constitute a breach of this Agreement, which may
result in immediate termination of your account. A Subscriber may not (i) select
or use a screen name of another person or Subscriber with the intent to impersonate
that person or Subscriber; (ii) use a screen name and password of a Subscriber
without authorization; or (iii) use a screen name that VISIONS, at its sole
discretion, deems offensive. Subscriber shall be obligated to confirm registration
through e-mail or such other method selected by VISIONS. Subscriber shall be
responsible for maintaining the confidentiality of Subscriber's screen name
and password to protect VISIONS from unauthorized uses of VISION BOX.
4. SECURITY.
Each Subscriber is responsible for all usage or activity on its account. Subscriber
shall use all good faith, reasonable efforts to prevent the unauthorized use
of VISION BOX, and Subscriber shall notify VISIONS immediately of any known
or suspected unauthorized use(s) of Subscriber's account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of Subscriber's
screen name and/or password.
5. UNAUTHORIZED USES.
You shall promptly notify VISIONS in writing upon your discovery of any unauthorized
use or infringement of the copyright of the Music or any patent, copyright,
trade secret, trademarks or other intellectual property rights of VISIONS or
its licensors. All intellectual property available on Vision Box, including
Music, is protected by the U.S. copyright laws and through international treaties.
Any fraudulent, unauthorized or illegal activity, including but not limited
to the unauthorized use of any Music for any purpose other than Audition, is
grounds for immediate termination of Subscriber's account, at Visions’
sole discretion, and Subscriber may be referred to appropriate law enforcement
agencies. All software is the property of Visions and protected by U.S. and
international copyright laws and treaties. You may not remove or obscure any
copyright or other proprietary notices contained on Vision Box or in the material
contained within.
6. ACCOUNT TERMINATION - SUBSCRIBER.
Subscriber may terminate Subscriber's account at any time by sending an e-mail
to Garo@visionsfromtheroof.com . Upon termination, Subscriber will receive confirmation
via e-mail that the request was received, and Subscriber's access will be suspended
within 24 hours.
7. ACCOUNT TERMINATION - VISIONS.
VISIONS may, at its sole discretion, terminate, limit or suspend Subscriber's
access to all or part of the Website for any reason whatsoever, including, without
limitation, breach of this Subscriber Agreement and/or an assignment in contravention
of this Agreement.
8. TECHNOLOGY ISSUES.
You acknowledge and agree that in connection with your use of VISION BOX, you
must: (a) provide for your own access to the World Wide Web and pay any service
fees (if any) associated with such access; and (b) provide all equipment necessary
for you to make such connection to the World Wide Web, including, if applicable,
a computer, software, a modem and a working telephone line. VISIONS shall not
be responsible for any malfunctions, errors, crashes or other adverse events
that may occur from your use of VISION BOX (inclusive of any and all software).
9. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITIES.
You warrant, represent and agree that you shall not: impersonate or misrepresent
your affiliation with any other person or entity; post, publish, transmit, reproduce,
distribute or in any way exploit VISION BOX or any Music or other content, graphics,
sounds, information or other material obtained on, through or derived from VISION
BOX for any purpose (whether commercial or private) other than for Audition
as permitted by VISIONS; attempt to reverse engineer or otherwise dismantle
any or all of any software and/or other intellectual property maintained or
otherwise found on this Site; attempt to gain unauthorized access to VISION
BOX or other computer systems through VISION BOX (i.e., "hack"); or
gather, harvest, "data mine," collect or store information about the
users or content of this Web Site (other than "bookmarking VISION BOX"
as that term is commonly understood).
10. INDEMNIFICATION.
You hereby indemnify, defend and hold VISIONS and its respective licensees,
affiliates and all its respective officers, directors, owners, agents and licensors
and licensees, harmless from and against any and all liability and costs (including
reasonable attorney fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach or alleged breach by Subscriber, or
any user of Subscriber's account, of the Terms and Conditions or any of the
foregoing representations and warranties, or the use or misuse of VISION BOX
for any purpose other than the Auditioning of Music in accordance with the Terms
and Conditions. Subscriber shall cooperate as fully as required in the defense
of any claim. VISIONS reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by Subscriber.
11. DISCLAIMER OF LIABILITY.
VISION BOX IS provided on an "as is" basis. VISIONS makes no representations
or warranties regarding VISION BOX'S availability, accuracy, usefulness or content,
and does not make any warranties of title, non-infringement, merchantability
or fitness for a particular purpose. VISIONS does not warrant that VISION BOX
or the content or services available herein will be timely, secure, uninterrupted
or error free, or that defects will be corrected. VISIONS makes no warranty
that VISION BOX will meet its users' requirements. No advice, results or information,
whether oral or written, obtained by you from VISIONS or through Vision Box
shall create any warranty not expressly made herein. If you are dissatisfied
with VISION BOX, your sole remedy is to discontinue using VISION BOX.
12. LIMITATION OF LIABILITY.
In no event shall VISIONS, or any of its directors, officers, employees, agents,
affiliates or content or service providers be liable for any indirect, special,
incidental, consequential, exemplary or punitive damages arising from or directly
or indirectly related to the use of, or the inability to use VISION BOX or the
Music, materials, content or functions related thereto, including without limitation,
loss of revenue or anticipated profits, or lost business, data or sales, if
VISIONS or its representatives have been advised of the possibility of such
damages. Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so some of the above limitations may
not apply to certain users.
13. VISIONS FROM THE ROOF PRIVACY POLICY.
VISIONS protects the privacy of its Subscribers in accordance with our "Privacy
Policy." By accessing VISION BOX, you are deemed to have acknowledged and
agreed to Visions’ Privacy Policy in its entirety. VISIONS reserves the
right to remove anyone registering on VISION BOX whom VISIONS reasonably believes
is not a legitimate Subscriber or whom VISIONS believes has violated the Terms
and Conditions of the Subscriber Agreement or its Privacy Policy.
In summary, any specific information that personally identifies you and/or your
employees, representatives or independent contractors with whom you work, which
may be provided to VISIONS during the registration process (i.e. name, telephone
number, address, etc.) or which may be gathered electronically when you utilize
VISION BOX, will not be disclosed to any third parties, except (i) to satisfy
any law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate VISIONS; or (iii) to protect the rights, intellectual
property, or physical property of VISIONS, its licensees, the licensors of any
Music available on VISION BOX, users, sponsors, providers and/or partners. VISIONS
may aggregate Subscriber information and compile anonymous user data so that
we may better understand how our Subscribers use VISION BOX and improve the
quality of the service that we provide to our Subscribers.
Please contact us at adam@visionsfromtheroof.com if you would like to make sure that your subscriber information is accurate, to change subscriber information in the database or if you have inquiries regarding our Privacy Policy.
14. CONFIDENTIALITY.
VISIONS currently uses industry-standard technology and security procedures
to maintain the confidentiality and accuracy of the information you provide
and to prevent against its loss or misuse. Although no data transmission over
the internet can be guaranteed to be 100% secure, and although great care will
be exercised to provide a secure transmission, VISIONS cannot guarantee that
the personal information you submit will be free from unauthorized third party
intrusion. You therefore understand and agree that all information you submit
to VISIONS is done so at your own risk.
15. INTERRUPTION SERVICE.
VISIONS will make reasonable efforts to keep your account and the service(s)
offered by VISION BOX operational. However, certain technical difficulties may,
from time to time, result in temporary interruptions. We will make reasonable
efforts to notify you at least twenty-four (24) hours in advance of any downtime
that we anticipate will exceed one hour. VISIONS also reserves the right at
any time and from time to time to modify or discontinue, temporarily or permanently,
functions and features of VISION BOX and with or without notice.
16. HYPERLINK TO OTHER WEB SITES.
The Website may contain links to other related internet web sites, resources,
sponsors, affiliates and other unrelated third parties of VISIONS. VISIONS is
not responsible for the availability of these third party web sites or their
content, and VISIONS is neither a sponsor, partner, promoter nor publisher of
such web sites or their content. Subscribers should direct any concerns regarding
any external link to the web site administrator or webmaster of such other web
site.
17. APPLICABLE LAWS.
You agree that the laws of the state of California shall govern these Terms
and Conditions. Please note that your use of VISION BOX may be subject to other
local, state, national, and international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with VISIONS, or relating in any way to
your use of VISION BOX, resides in the courts of California, and you further
agree and expressly consent to the exercise of personal jurisdiction in the
courts of California, in connection with any such dispute and including any
claim involving VISIONS or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and content providers. VISION
BOX is operated and controlled from offices and location(s) in the United States
of America. Any and all licenses for material must be made directly with VISIONS
in writing. Persons who choose to access VISION BOX from other locations do
so on their own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
18. MISCELLANEOUS PROVISIONS.
No delay or failure to take action under this Agreement shall constitute any
waiver by VISIONS of any provision of this Agreement. If any provision of this
Agreement is invalid or unenforceable under applicable law, it is, to that extent,
deemed omitted, and the remaining provisions will continue in full force and
effect. This Agreement will bind and inure to the benefit of each party's permitted
successors and assigns. This Agreement is personal to you and may not be transferred,
assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate
this Agreement shall be null and void.
19. ENTIRE AGREEMENT.
This Subscription Agreement constitutes the complete and exclusive agreement
between VISIONS and you with respect to the subject matter hereof and supersedes
all prior oral or written understandings, communications or agreements not specifically
incorporated herein. Agreement to terms of use: by clicking “accept”
you both individually and acting on behalf of any organization you may represent
in connection with your use of Vision Box: (1) Represent and warrant that you
have the authority to enter into this agreement on behalf of any such organization;
(2) Represent and warrant that you are 18 years of age or older; (3) Acknowledge
that you have read and understand the terms of use and privacy policy of Visionsfromtheroof.com;
and (4) Agree that you and any other organization that you represent will be
bound by all terms and conditions contained in the Terms of Use and Privacy
Policy.
PRIVACY POLICY
Visions from the Roof is committed to protecting the privacy of information
that you provide to us as a Subscriber to our proprietary service ("VISION
BOX"). This is our Privacy Policy.
1. How We Collect Information.
In order to become a Subscriber to VISION BOX and audition music at www.visionsfromtheroof.com,
you must provide certain identifying information and will be asked to create
user names and passwords. In addition, when Subscribers use VISION BOX, we will
automatically gather certain information, as more fully described below.
2. Subscriber Registration.
We will collect and store personally identifiable information such as your corporate
name, individual user names, your location, e-mail addresses, telephone numbers
and facsimile numbers. We may also collect certain other demographic information,
such as position within the company, business type and preferences. We use this
information to process your registration, contact you and keep track of your
use of VISION BOX for our own business purposes. We do not sell, trade or rent
your personal information to others.
3. Subscriber Use.
When you use VISION BOX, certain information such as your browser type, the
type of operating system you use, the domain name of your Internet service provider,
the pages visited and the music auditioned on VISION BOX, is automatically tracked.
This data is aggregated, interpolated and analyzed so that we may better understand
our user base and improve VISION BOX’s features and functionality. We
may also provide aggregated statistics about our Subscribers to reputable persons
involved in the television, advertising and music industries, but these statistics
do not include identifiable personal or corporate information.
4. Confidentiality of Subscriber Information.
We will not share information provided by you in the registration process or
gathered by VISION BOX during any visit by you to www.visionsfromtheroof.com
with any third parties without your consent except: (i) if required by law or
pursuant to a court or similar order; (ii) as deemed necessary to protect the
legal rights or property of VISION BOX or the intellectual property rights of
any third party which makes music available for audition purposes on VISION
BOX; (iii) to prevent personal injury; or (iv) if pursuant to sale, merger,
assignment, joint venture or other disposition of Visions from the Roof We also
reserve the right to allow third party access to our systems to perform technical
services, provided however, that such third parties will be bound by this Privacy
Policy. We also may aggregate anonymous statistical demographic information
(not personally identifiable) as market research and make such research available
to third parties who help us better understand our audience, determine trends
in our business and tailor our services to our target users.
5. Details of Tracking Devices.
A. Cookies. A cookie is data sent to your browser from a Web server. It is stored
on your computer's hard drive, and contains a unique identifier that allows
our site to recognize your computer. We are not collecting cookies, however
you may choose to have one stored on your computer that allows us to remember
your user name(s) and password(s) so you don't have to re-enter that information
each time you visit the site. It also helps us to ensure that a Subscriber’s
account is only accessed and used by the account owner. You can set your Web
browser preferences to alert you when a cookie is sent to your hard drive, or
to refuse cookies altogether
.
B. Bugs and Beacons. “Clear GIFs” (also called “Web Bugs”
or “Web Beacons”) are very small image files that we sometimes place
on Web pages and within Web-based e-mail newsletters or other communication
we send. Together with cookies, Clear GIFs let us accurately count the number
of unique users who have visited specific pages and the number of times those
pages are accessed. Clear GIFs also let us know how many people opened a Web-based
e-mail newsletter. This information is only collected in aggregate form, and
Visions from the Roof does not link this information to any personally identifiable
information you provide to us.
C. IP Address. Your IP address is a number that is assigned by your ISP (Internet
Service Provider) to your computer to identify its location. We use your IP
address to help diagnose problems with our server and to administer our Web
site. We also use IP addresses to communicate with Subscribers and possibly
even ban those Subscribers who are not complying with our Terms of Service.
6. Web Site Security.
VISION BOX uses commercially reasonable efforts to safeguard the confidentiality
of your personally identifiable information. However, due to the design of the
Internet, ever-changing technology and other factors outside of our control,
we cannot guarantee that communications between you and our servers will be
free from unauthorized access by third parties. VISION BOX will have no liability
for disclosure of personally identifiable information due to errors in transmission
or unauthorized or unlawful acts of third parties.
7. Changes.
A. To Privacy Policy. VISION BOX will occasionally update this Privacy Policy
in response to changing business circumstances and legal developments. Any revisions
to the Privacy Policy will be reflected by a change in the date in the “Last
Updated” line at the top of this page. VISION BOX encourages you to periodically
review this Policy to be informed of how we are protecting your information.
B. To Subscriber Information. You may review and update the personally identifiable
information that you have provided us by updating your account profile.
8. Contact Us.
VISION BOX welcomes your questions and comments regarding our privacy and security
practices. Please send inquiries or comments to Info@visionsfromtheroof.com.