Your Place For Vinyl
Important Info
NYLVI Terms of Use
www.NYLVI.com is a web site ("NYLVI", the "Services" or the "Site"), and a service of FAV Labs, DA. By using NYLVI you agree to be bound by the following terms and conditions (the "Terms of Use" or "Agreement") and those incorporated by reference, whether you are a "visitor" (which simply means you browse the Site, or otherwise use the Site without being a registered user) or you are a registered user ("user") (and, where applicable hereinafter references to user incorporates visitor). You are only authorized to use NYLVI (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms hereinafter contained.This agreement is effective on September 1, 2008
1. NYLVI is a Venue, not a Vendor
NYLVI acts as a venue to allow users, who comply with NYLVI's policies to offer, sell and buy vinyl records within a fixed price format, from other users located throughout the world. NYLVI is not directly involved in the transactions between users. As a result, NYLVI have no control over the quality, safety or legality of any aspect of the items advertised, the truth or accuracy of the listings, the ability of user to sell items or the ability of a user to pay for items. NYLVI cannot ensure that either a user buying or a user selling will actually complete a transaction.Consequently, NYLVI does not transfer legal ownership of items from user to user. NYLVI cannot guarantee the true identity, age, and nationality of a user. NYLVI encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You use the NYLVI service at your own risk.
2. Eligibility
NYLVI's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, NYLVI's services are not available to persons under the age of 18 or to temporarily or indefinitely suspended NYLVI users. Users of the Site represent and warrant that: (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years or older, or if you are an individual under the age of 18 this service can only be used in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities; (iv) your use of NYLVI does not violate any applicable law or regulation. NYLVI may terminate the account of any user that NYLVI believes are under 18 years old and not uses the service in conjunction with and under the supervision of a parent or legal guardian.3. User Responsibilities
As a user, your NYLVI account and "User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
As a condition of use of the venue, NYLVI requires that you keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify NYLVI of any unauthorized use of your password or any breach of security. You also agree that NYLVI cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Without limiting other remedies, NYLVI may limit your activity, immediately remove your purchase orders or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you. NYLVI reserves the right to refuse service to anyone, for any reason, at any time.
4. Information Control
NYLVI does not control the content provided by users that is made available on NYLVI. You may find some content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying and selling when using NYLVI.Additionally, there may also be risks of dealing with underage persons or people acting under false pretense. There may also be risks dealing with international trade and foreign nationals. By using NYLVI, you agree to accept such risks and that NYLVI (and NYLVI's officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on NYLVI.
5. Links to external Sites
The NYLVI website contains links to outside websites or resources. NYLVI is providing these links only as convenience to you. NYLVI does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that NYLVI 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.6. Release of NYLVI from Disputes
In the event a dispute arises between you and NYLVI, please contact NYLVI.Because NYLVI is a venue, in the event you have a dispute with one or more users, or an outside party, you release NYLVI (and NYLVI's parent company, subsidiaries, affiliates, agents, joint ventures, directors, officers, employees and NYLVI suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. NYLVI's Intellectual Property
All screens appearing on NYLVI's website including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of NYLVI, unless otherwise specified or as uploaded by users of NYLVI. All rights not expressly granted herein are reserved.8. Proprietary Rights in Content on NYLVI
License: NYLVI does not claim ownership rights in your Content. You grant NYLVI a license solely to enable NYLVI to use any information or Content you supply NYLVI with, so that NYLVI is not violating any rights you might have in that Content. You grant NYLVI 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 now known or not currently known, with respect to your Content. You agree to allow NYLVI to store or re-format your Content on NYLVI and display your Content on NYLVI in any way as NYLVI chooses. NYLVI will only use personal information in accordance with NYLVI's Privacy Policy.As part of a transaction, you may obtain personal information, including email address and shipping information, from another NYLVI user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for NYLVI-related communications. NYLVI has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any NYLVI user to your email or physical mail list. For more information, see NYLVI's Privacy Policy.
Re-Posting Content: By posting Content on NYLVI, it is possible for an outside website or a third party to re-post that Content. You agree to hold NYLVI harmless for any dispute concerning this use. If you choose to display your own NYLVI-hosted image on another website, the image must provide a link back to its listing page on NYLVI.
9. Protecting Copyrights and Other Intellectual Property
NYLVI respects the intellectual property of others, and requires that users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. NYLVI has the right to terminate the accounts of any users that constitutes infringement thereof.If you have reason to believe that your work has been copied or posted on or through the Site in a way that constitutes copyright infringement, please send NYLVI a notification of claimed infringement with the following information: (i) identification of the copyrighted work claimed to be infringed, or if multiple copyrighted works covered by a single notification, a representative list of such works; (ii) identification of claimed infringing material and information reasonably sufficient to permit NYLVI to locate the material on the Site (providing URL(s) of the claimed infringing material satisfies this requirement); (iii) information reasonably sufficient to permit NYVLI to contact you such as an address, telephone number, and if available, an email address; (iv) a statement by you that you have a bona fide belief that the disputed us is not authorized by the copyright owner, its agent, or the law; (v) a statement by you , made under the penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature.
10. Access and Interface
NYLVI may contain robot exclusion headers which contain internal rules for software usage. Much of the information on NYLVI is updated on a real-time basis and is proprietary or is licensed to NYLVI by NYLVI's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access NYLVI for any purpose without NYLVI's prior express written permission. Additionally, you agree that you will not: (i) Take any action that imposes, or may impose, in NYLVI's sole discretion, an unreasonable or disproportionately large load on NYLVI's infrastructure; (ii) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the Guidelines of NYLVI from the Site) without the prior expressed written permission of NYLVI and the appropriate third party, as applicable; (iii) Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iv) Bypass NYLVI's robot exclusion headers or other measures NYLVI may use to prevent or restrict access to NYLVI.11. Breach
Without limiting other remedies, NYLVI may limit your activity, immediately remove your purchase orders or item listings, warn the NYLVI community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide NYLVI's service to you if NYLVI suspect you have breached this agreement, or the Privacy Policy, the Guidelines of NYLVI, or other policy documents and community guidelines incorporated herein; or if, NYLVI is unable to verify or authenticate any of your personal information or Content; and/or if NYLVI believes that your actions may cause financial loss or legal liability for you, NYLVI's users or to NYLVI or based on any other grounds reasonably viewed by NYLVI as cause for suspension or termination of membership as a user.12. Privacy
Except as provided in NYLVI's Privacy Policy, NYLVI will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. NYLVI views protection of users' privacy as a very important community principle.NYLVI stores and processes Content on computers located in UK, that are protected by physical as well as technological security devices. NYLVI's Privacy Policy is available here.
13. No Warranty
NYLVI, NYLVI's parent company, subsidiaries, affiliates, joint ventures, agents, officers, directors, employees, and NYLVI's suppliers provide the Site and services "as is" and without any warranty or condition, express, implied or statutory. NYLVI, NYLVI's parent company, subsidiaries, affiliates, joint ventures, officers, directors, employees and NYLVI's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from NYLVI shall create any warranty.14. Liability Limit
In no event shall NYLVI, and (as applicable) NYLVI's parent company, subsidiaries, affiliates, joint ventures, agents, officers, directors, employees or NYLVI's suppliers be liable for any damages whatsoever (including if NYLVI has been advised of the possibility of such damages), whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any third party or anyone else in connection with the use of the Site, NYLVI' services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, punitive, exemplary, indirect, incidental or consequential damages.NYLVI's liability, and (as applicable) the liability of NYLVI's parent company, subsidiaries, affiliates, joint ventures, agents, officers, directors, employees, and NYLVI's suppliers, to you or any third parties in any circumstance is limited to the greater of (i) the amount of fees you pay to NYLVI in the 12 months prior to the action giving rise to liability, and (ii) NOK500,-.