Vincent & Gramado, LLC, a Delaware limited liability company doing business as Better Problems, (hereinafter “Better Problems” or “We/Us/Our”)
provides services, products and information via Our website (located at
www.BetterProblems.com
), Our related social media accounts (e.g., twitter, Instagram, YouTube) and other platforms which may be added or removed at any time.
In addition, We may use third-party platforms to facilitate sales of our products and services.
Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices
(such as mobile and desktop apps, web browsers, etc.).
All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”).
Licensees of Our products may be subject to additional rules applicable to such transactions.
These Terms & Conditions may be amended from time-to-time.
By using Our Platforms or licensing Our products or subscribing to Our Newsletter, You accept these Terms & Conditions and agree to comply with all of its provisions.
If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, LICENSE OUR PRODUCTS OR SUBSCRIBE TO OUR NEWSLETTER.
By using Our Platforms, You affirm that You are of legal age under the laws of your residency to enter into these Terms & Conditions and accept Our Privacy Policy.
Our Platforms are not intended for minors.
We provide products in the form of musical recordings for download and license and related services (collectively, “Our Products”).
All licensees of any of Our Products agree to the following conditions for any paid transaction with Us (hereinafter, “Payment Terms”).
You warrant and represent that You are authorized to use any payment method You provide to Us (such as PayPal accounts or credit cards).
You agree to indemnify Us against losses We may sustain as a result of any breach of this warranty.
We use third-party vendors to process payments for Our Products. Such vendors may include, for example, Stripe, Block/Square and/or Paypal.
Note also that some third-party payment processing vendors with which We may contract may also process payments through third-party apps (such as Google Pay, Apple Pay, Alipay, etc.).
Visit the individual payment processors to view these vendors’ specific privacy policies and terms and conditions.
Our Privacy Policy applies only to data over which We have control.
You may request a refund for the cost of a license for Our Products within thirty (30) days of the purchase of a license, provided that Our Products have not been publicly disseminated in any forum in any manner.
If Our Products contain material defects (for example, if a download is corrupted), you may request a replacement download within thirty (30) days of the download of Our Product.
Refunds or re-downloads may be requested via email at
[email protected].
If We are unable to replace a defective download, We will issue a refund for the cost of the license.
Additional terms and conditions related to customized music products and multiple musical track download programs are set forth during the sign up process for those products.
- Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials (such as third-party composers and musical performers). Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services except as may otherwise be granted through a separate license agreement. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms except as may otherwise be granted through a separate license agreement.
- No License. You may not, directly or indirectly, copy, display, perform, distribute, create derivative works from, modify or otherwise exploit Our Materials. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission. Such permission shall only be in the form of a separate license for a specific product or service.
- Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. Such third-party content may or may not be labeled as such. You may not, directly or indirectly, copy, display, perform, distribute, create derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
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Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
- Your name, address and contact information.
- A copy of the work(s) You believe are being infringed upon within Our Platforms.
- A readily identifiable description and location within Our Platforms of the work(s) You believe are infringing.
- A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that the works You identified as infringing are being used without authorization.
Send your DMCA Notice to:
Copyright Agent
Vincent & Gramado, LLC
221 Jackson Street
Brooklyn, NY 11211
[email protected]
- Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.
- Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
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Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).
- You will not violate or encourage the violation of any local, state, national, or international law or regulation.
- You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms.
- You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
- You will not submit or distribute any so-called “spam” or “junk-mail” or “chain letters” or otherwise promote any commercial endeavor.
- You will not solicit money, goods or services for private gain.
- You will not disrupt or interfere with the security or use of our Platforms.
- You will not damage our Platforms through the submission or use of any damaging software or other actions.
- You will not use or attempt to use any other User’s account or identity.
- You will not attempt to gain unauthorized access to any User’s account or to any of Our Platforms.
- You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy Our Platforms.
- You will not assist any third-party in engaging in any Prohibited Conduct.
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User Material Prohibitions. Users of Our Platforms may have the opportunity to upload materials (such as graphics for use as an identifying avatar) or other materials. Users of Our Platforms may also have the opportunity to communicate directly with other Users of Our Platforms and invite other Users to view playlists and other User-generated content. All such communications and materials (collectively, “User Materials”) are subject to the following terms. User Materials shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit or otherwise communicate any of the following Prohibited Content:
- User Materials that promote any commercial activity other than commercial activity provided through Our Platforms.
- User Materials that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.
- User Materials that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
- User Materials that are intended to harass, vilify or annoy any third-party.
- User Materials that are discriminatory against any individual on the basis of any personal characteristics.
- User Materials that are indecent, pornographic or otherwise contain sexually explicit material or language.
- User Materials that infringe on any copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party.
- User Materials that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.>
- User Materials that purport to originate from any individual or entity other than the individual actually submitting the content.
- Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion.
- Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion.
- As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
- No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. Users are strongly advised to maintain current anti-virus software and other protection on all devices in which You intend to access Our Products. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for any particular purpose unless otherwise warranted in a separate license agreement for a specific Product.
- Not liable for content. You assume any risk associated with any reliance You place on Our Materials unless otherwise warranted in a separate license agreement for a specific Product.
- Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
- Limitation of Damages. To the maximum extent permitted by law, in no event shall Vincent & Gramado, LLC, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials.
You agree to indemnify and hold harmless Vincent & Gramado, LLC, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions.
From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes consent to, and agreement with, these changes.
In the unlikely event that You have a dispute with Us regarding Your use of Our Platforms or Our Materials, regarding Our Products, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise) or any other claim (collectively, “Disputes”), and we are unable to resolve that dispute through informal communications between Us, You agree that any such Disputes will be subject to the following dispute resolution:
- Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the American Arbitration Association. Venue for any such dispute shall be the County of Kings, New York and New York laws shall apply.
- You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, by using Our Website or by otherwise engaging in any transaction with Us involving Our Products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.
- Integration. These Terms & Conditions along with Our Privacy Policy and any specific additional terms related to any specific transaction(s) regarding our products, services or subscriptions (collectively, “Our Agreement”), constitute the entire agreement between You and Us and supersede all prior and contemporaneous understanding, agreements, representations and warranties, written or oral. You may not make any changes to these agreements without Our written consent.
- Severability. If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Our Agreement shall remain in full force and effect.
- No Waiver. No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Our Agreement.
- Injunctive Relief. You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement.
- Injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Our Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Our Platforms or the distribution of any of Our Materials.
- Our Successors-in-Interest. Our Agreement shall inure to the benefit of any of Our successors-in-interest. You agree that We may transfer any and all data that You have submitted to Us or that We have collected from You to our successors-in-interest, without notice. Our successors-in-interest shall be subject to Our Privacy Policy.
California Civil Code §1789.3 Notice.
Pursuant to California Civil Code § 1789.3, notice is hereby provided that Users may contact Us as follows:
Better Problems
Vincent & Gramado, LLC
221 Jackson Street
Brooklyn, NY 11211
Phone: (718) 971-5866
Any charges for use of Our Platforms is set forth at the point of payment for the Products or services.
California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
1625 North Market Blvd.,
Sacramento, CA 95834
(800) 952-5210