Privacy Policy

What personal data we collect and why we collect it

Last Updated: 7 June 2020

Who we are

We are pleased to welcome you to the website https://vividstudioz.com (“Website”), which is produced and maintained by Vivid studioz (hereinafter referred to as “we”, “us” “our” or “Company”).

These Terms of Use apply to the Website as well as to other interactive features, applications or downloads that we make available through the Website, including opportunities to submit content and participate in shopping and community services (“Services”). The use of the Website by itself serves as acceptance of the practices described in the present Terms of Use. In case you do not agree to these Terms of Use you should abstain from using the Website. Our Company reserves the right to amend these Terms of Use at any time and without prior notice. By continuing to use the Website after amendments have been posted, you are accepting such amendments. Amendments to these Terms of Use will not apply retroactively unless you have been provided with notice thereof. By using the Website you are also agreeing to additional terms and conditions which may apply to the purchase of products (e.g. shipping and return policies).


1. COPYRIGHT AND OWNERSHIP / TRADEMARKS / INTELLECTUAL PROPERTY RIGHTS

The content featured or displayed on the Website, including but not limited to text, photographs, images, moving images, graphics, sound, and illustrations (“Content”), belongs to us, our agents, licensors, and/or our Content providers. The Website may only be used for the purpose for which it is made available. Unless otherwise indicated in specific documents within the Website, you may view, play, download and print documents, audio and video found on our Website only for personal and informational purposes. All elements of the Website are protected by the laws of intellectual property rights, as applicable. You are not allowed to copy, transmit, display, distribute, reproduce, perform, publish, license and/or create derivative works from, transfer or sell any information or work contained in the Website. You may also not modify any of the materials available through the Website nor may you use it on any other website or networked computer environment. When using the Website and the Services, you shall comply with all applicable local and international laws. Unless otherwise expressly agreed, the Website, its Content and all related rights shall remain our and our licensors exclusive property.

All trademarks, trade names and service marks of the Company or the Company’s licensors (including without limitation the Company name, the Company logo as well as other logos used in the Website, the Website name and the Website) (collectively referred to as “Marks”) are trademarks or registered trademarks of the Company or, as the case may be, its affiliates, partners, vendors or licensors. Unless you have obtained our prior written consent, you are not allowed in any way to use, copy, upload, post, republish, reproduce, distribute, transmit, or amend such Marks. The use of Company trademarks as a “hot” link on or to any other website is not allowed, unless approved beforehand.

Musical works are provided only for the private use of each visitor/user and any further exploitation thereof without prior authorization.

For any inquiries or information concerning , do not hesitate to contact us at vividstudioz@gmail.com


2. ACCOUNT REGISTRATION AND SECURITY

You acknowledge that in certain cases you may need to create an account in order to have access to all of the parts of the Website. In this respect you undertake to provide true, current, accurate, and complete information about yourself and your business (such information being the “Registration Data”) as well as to maintain and promptly update the Registration Data so that it remains true, current, accurate and complete at all times. In case you provide information that is untrue, not current, inaccurate, or incomplete (or if we have reasonable grounds to suspect that you have provided us with untrue, not current, inaccurate or incomplete information) we may, at our discretion, suspend or terminate your account and deprive you from current or future use of the Website (or any part of it). By using the Website you acknowledge that the security and confidentiality of your password and account as well as all activities that occur under such account are your sole responsibility. In this respect, you further acknowledge that anyone able to provide your personally identifiable information will be in a position to access your account. In case you become aware of any unauthorized use of your account or any other breach of security, you must immediately notify us. Under certain circumstances (e.g. if we are legally obliged to do so or in order to protect our lawful rights, and our customers and business) we may provide user billing, account, Content or use records, and related information.


3. PREMIUM ACCOUNTS

Additional terms and conditions are applicable to “Premium” users. Such additional terms and conditions can be found on the Website. Premium users of the Website may only access one stream from any device or location at a time. In case we identify that more than one connection is active simultaneously from more than one location or device, we may, at our discretion, terminate the duplicate stream session. In cases of repetitive attempts to access more than one stream simultaneously from more than one location or device at the same time, we reserve the right to temporarily or permanently restrict streaming access.


4. USER SUBMISSIONS AND PUBLISHED CONTENT

We are keen to hear from you and we welcome your comments. In cases where we have specifically invited or requested submissions, we urge you to submit content (e.g. videos, tips, postings to chatrooms etc.) that you created for consideration in connection with the Website (“User Submissions”). While such User Submissions remain the intellectual property of the individual user, by posting them on the Website, you expressly grant us a non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up worldwide and fully sub-licensable right to use, modify, adapt, reproduce, publish, create derivative works from, translate, transmit, distribute, perform and display such content and your name, voice, and/or likeness as contained therein, in any form and way, in whole or in part, and in any media or technology. Furthermore, by posting such User Submissions you acknowledge that they are not subject to confidentiality.

The Company does not encourage, solicit or seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute or contribute to a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Company will reject any submissions in which Company believes, in its sole discretion that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.

In order to avoid any misunderstandings in case that the projects developed by our professional staff may seem to others as similar to their own creative work, we do not accept or consider any creative ideas, suggestions or materials, unless we have specifically requested for such comments or submissions with the above content. For the above reason we also request that all Users’ comments are limited and related to the services and products presented by the Company and any creative ideas, suggestions or materials are submitted only and when they are specifically requested and solicited by the Company. By submitting an unsolicited submission to our Company, you hereby provide us with a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to the unsolicited submission in any media formats and for any and all purposes known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Moreover, you agree not to establish or claim any ownership right of any kind in the unsolicited submission against us (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you release our Company, its officers, directors, and any other natural or legal person directly or indirectly connected or cooperating with the Company from any claims, damages (actual and consequential), demands, payments and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.


5. INAPPROPRIATE MATERIAL

You may not submit, upload of otherwise distribute through this Website any content that is (i) unlawful, threatening, defamatory, libellous or maliciously false, obscene or indecent, pornographic or profane and/or (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Any senders of inappropriate material and their agents may be subject to civil and criminal penalties. The Terms of use expressly prohibit to send unsolicited email advertisements to any user of the Website or the Website or through Voice computer systems. The use of the Company’s computer systems for the above purpose is unauthorised and therefore constitutes a breach of the present Terms of Use and the applicable “anti-spam” laws. If our Company considers in its sole judgement that a user has breached or is likely to breach the above conditions, apart from any remedies that the Company may have at law or in equity, the Company may also undertake any action it considers necessary to cure or prevent the breach, including without limitation, the immediate removal of the related contents from this Website. Our Company fully cooperates with all law enforcement authorities for the enforcement of any court order requesting or directing the Company to disclose the identity of anyone posting such content.


6. FEES – SUBSCRIPTION POLICY

Your Pay Pal account or credit card or any other alternative method offered by our Company shall be billed with all charges for any products and services you purchase from us. From the membership plans offered, only the monthly membership plan  is entered into automatic recurring billing. We will re-bill your PayPal  automatically on the renewal date. For customers remaining active in their initial membership plan, the original fees will never increase. Once the membership  billing fees are charged and the transaction has been processed the recovery of such amounts is not possible. The cancellation of the recurring billing profile may only be effected under the following conditions or criteria: (a) We accept cancellations only before the recurring transaction has been processed; (b) Cancellations may be performed by using the My Account menu of the website or by email; (c) A cancellation shall be valid and effective only upon receiving an email reply confirmation from the Company. Cancellations through telephone messages are not accepted under any circumstances. Any and all email correspondence regarding cancellations must be kept as proof by the customer. Should you have any issues related to billing errors or any other discrepancy, please email us at vividstudioz@gmail.com with the details of any concerns and we will address your concerns as soon as possible.


7. ACCESS AND INTERFERENCE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Further to the above you are also not permitted to: (i) to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Website’s systems or networks or any systems or networks connected to the Website; (ii) attempt to gain unauthorized access to any portion or feature of the Website.


8. ACCURACY OF INFORMATION

The Company makes its best efforts to ensure that all data on this Website are complete, accurate and current. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products or services contained on the Website for any purpose.


9. THIRD PARTY LINKS

Occasionally, our Website may contain links to other websites which are not owned or operated by us and are outside our control and are thus not covered by these Terms and Conditions. The links provided in our Website are provided solely for your convenience and may assist you in locating other useful information on the Internet. When you click on these links you will leave our Company’s website and will be redirected to another website. Our Company and its affiliates are not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products etc. We make no representation or warranty regarding the accuracy of the information contained in the linked websites or the results that you may obtain from using any other websites. Accessing third party websites linked to or from our Website is entirely at your own risk and we strongly suggest that you always verify the information obtained from linked websites before acting upon this information.


10. DISCLAIMERS

ANY USE OF THIS WEBSITE AND ANY RELIANCE YOU PLACE ON THE INFORMATION CONTAINED IN THE WEBSITE IS STRICTLY AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING. OUR COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT INFORMATION, NOR MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY, , COMMIT TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR COMPANY DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, OUR COMPANY EXPRESSLY DISCLAIMS ALL PRODUCT LIABILITY, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF IMPIED WARRANTIES, SO PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.


11. LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY, OR ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF ONE CANADAIN DOLLAR ($1).


12. FORCE MAJEURE

Neither party shall be liable vis-à-vis the other for any loss, damage or delay or failures in performance resulting from acts or occurrences beyond their reasonable control, including strikes, union assembly, lock-outs, accidents, fire, industry wide short supply or absence of raw materials, delay of carriers and/or in the delivery of raw materials by the suppliers, compliance with any law, regulation or other governmental order, insurrection, war-like acts, war, embargoes, acts of God or any other cause beyond its reasonable control.


13. RELEASE

A. DISPUTES

In the case of a dispute with one or more other users of the Website, you release the Company (and our officers, directors and employees) 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.

B. TERMINATION-SUSPENSION OF THE WEBSITE / THE STREAMING SERVICE / OTHER

You agree that the Company, at its sole discretion, may choose to terminate or to suspend this Website or its present streaming services – or any other service available now or in the future – at any time and for any reason. This may happen for a short period of time or permanently. Should this happen, you understand, acknowledge and confirm that you release the Company, its partners, suppliers, officers, directors, representatives, employees, shareholders, affiliates, agents, successors or assigns, as well as  any party involved in the creation, production, administration and transmission of this website or third party content providers 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 connected with your decision to use vividstudioz.com or to pay for a certain period of streaming (monthly billing cycle or other ). The above conditions apply whether you are a simple listener / premium subscriber/member/other type of user or an artist/composer/band/agent/record company/publisher of artists who chose to use vividstudioz.com under the “Terms of submission of music”.

In any of the above cases, you understand and agree that the Company (and all the above mentioned persons or entities) shall not be liable to: (a) refund any subscription charges (with any applicable GST) already transferred from your account to the Company’s billing system (PAYPAL or other)    or/and b)  compensate you  for any kind of losses, expenses or costs in general resulting from our decision to close the website or to suspend or stop providing our streaming service or any other related service. The Company will take all necessary legal measures and reasonable efforts to notify you promptly of any such development. In case you do not agree with this term, please do not subscribe with vividstudioz.com.


14. INDEMNITY

You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from (i) your use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) the violation of any of these Terms of Use; (iii) the violation of the rights of third parties, including without limitation any privacy, publicity rights or Intellectual Property Rights; (iv) the violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code.


15. TERMINATION

Your account or the use of the Website may be suspended or terminated by the Company at its sole discretion at any time or upon your request, for any reason or for no reason. The Company has the right to deprive your access to the Website in the case of (a) a violation of the Terms of Use; (b) inability to verify or authenticate any information provided by you; or (c) upon the Company’s belied that your actions may cause financial loss or legal liability for you, the Website’s users or the Company itself.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service.

This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en Payments We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Apple Store In-App Payments Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/

PayPal / Braintree Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/


16. GENERAL

These Terms of Use and any claim relating this Website, and/or its use and/or the materials contained herein. You irrevocably consent to the jurisdiction of the courts located in Ontario Canada for any action arising out of or relating to these Terms of Use. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not promise that the Website or any content, service or feature of the Website will be secure, error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results.. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. The Company has the unilateral right to assign these Terms of Use and all incorporated agreements at its own discretion. Headings to clauses in these Terms of Use are inserted for convenience only and have no legal effect and shall be ignored in interpreting the Terms of Use. Failure or delay on the part of our Company in exercising any power, right or remedy hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of any such right or power or the exercise of any other right, power or remedy. 7 (Access and Interference), 11 (Limitations of Liability), 13 (Release) and 14 (Indemnity), shall survive any termination or expiration of this Agreement.


17. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled.

18 Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.


19. ADDITIONAL ASSISTANCE

Should you require any additional clarifications on these Terms of Use or should you have any questions or comments, do not hesitate to contact us by email at vividstudioz@gmail.com

All Site design, graphics, text selections, arrangements, and all software are copyright © 2020 All rights reserved.