OUR TERMS OF SERVICES
Last Updated : September 10, 2019
General Terms
Thank you for visiting www.dailyplaylists.com a website (“Site”) operated by Five Vectors Inc., and its affiliates (“Five Vectors”, “we” or “us” or “our”) based in 1250 Long Beach Ave Apt. 318 Los Angeles CA 90021. For the purposes of the Terms of Services, Daily Playlist and Five Vectors Inc. are interchangeable names. Five Vectors Inc. will be responsible for any legal or economic inquiry/action related to the Daily Playlist platform/website.
Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website located at DailyPlaylist.com (the “Site”) our online platform and related marketing services. To make these Terms easier to read, the Site and our online platform are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Contact us directly if there are anything in our Terms that may require further clarification. You can reach us anytime by sending us a message at info@dailyplaylists.com.
Eligibility
If you are 13 years or older and not barred from using the Services under applicable law, you may use the free features of the Services.
Registration
If you want to use certain features of the Services, you may need to register with Spotify to create a Spotify account (“Spotify Account”) and then register with us to create a Daily Playlist account (“Account”). As part of this process we access some information from your Spotify Account, as applicable, including certain personal information, such as your name, location information and other general information that your privacy settings on the applicable Spotify Account permit us to access.
Privacy Policy & Data Usage
Please refer to our full Privacy Policy for information on how we collect, use and disclose information from our users.
As used in these Terms, “End User” means a user or potential user of your products or services, and “End User Data” means the data about your End Users (including any End User personally identifiable information) that you input or submit to the Services directly or via providing us with access to your Third Party Accounts. As a Registered User, you can use the marketing platform features of the Services (“Marketing Service”) to generate landing pages containing your User Content (each a “Landing Page”) to engage your target audience and capture information via social networking services such as Facebook, Twitter, Spotify, etc. (each, an SNS). You are responsible for your use of the Marketing Service.
Access to your End User Data. In order for us to retrieve your End User Data from your Third Party Account, you agree to provide us with the requisite security permissions, software interfaces to your business applications on such Third Party Accounts and any other information requested by us. We are not responsible or liable for any Third Party Accounts or any products or services (including End User Data) accessed from such Third Party Accounts on your behalf. You will indemnify us from any liability arising from accessing any End User Data from any of your Third Party Accounts.
You are the Controller of End User Data. You (and not Daily Playlist) determine what End User Data (including any personally identifiable information) is received and stored by Daily Playlist via your use of the Services. You agree to publish and abide by an appropriate privacy policy that is compliant with the applicable laws (including privacy and data security laws applicable to you) and that adequately describes the collection, use and sharing of End User Data by you and your use of third party service providers like Daily Playlists. You further agree to comply with all laws applicable to your information collection, use and sharing practices including relating to your use of the Marketing Service, Messaging Service and Advertising Service, and if required by applicable laws you agree to obtain any appropriate consents from End Users in this regard.
Users can create Contest Landing Page to engage their audience. Please refer to our feature pages for more information on each type of Landing Page here. For each Landing Page, you will need to enter information regarding your product, offer, or content along with other selections within the Marketing Service to generate your Landing Page.
Consumers will be able to engage and interact with your Landing Pages and Daily Playlists will collect certain personally identifiable information (“PII”) from these Consumers in connection with such engagement and interaction and will share this PII with you, the Registered User who created the Landing Pages. You agree that you will only use this PII as described in our Privacy Policy and that you will only interact with those Consumers who have agreed and consented to such interaction with you.
Payments
Currently, we don’t charge a fee for you to use our Services.
Content and Data
Definitions for the Terms
- “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Content includes without limitation, User Content.
- “Service Data” means the statistical, analytical or other data developed or created by or for Daily Playlists, based upon the End User Data and other internal and external data collected by Daily Playlists. Service Data will not include any personally identifiable information of any End User. By way of illustration, Daily Playlists Service Data includes without limitation, arrangements or organization of End User Data that is representative of a certain population, demographic representation of your and other Registered Users’ end users, and reports summarizing usage behavior of different end user groups.
- "User Content" means any Content that Registered Users and Consumers provide to be made available through the Services, including the content related to Marketing Service.
With our Services, Consumers will be able to access and interact with Registered Users. Registered Users will be able to engage with Consumers privately through the use of the Services, as well as through external media such as email, social media, and any other methods if Consumers have interacted on the Registered User's page or have subscribed or followed that Registered User via Third Party Accounts or through interacting with User Content on the Services. Daily Playlists is not responsible for and accepts no liability in relation to Consumers’ private communication and sharing of information with any Registered User, including via media external to the Site and Services. Consumers should exercise discretion and good judgment when submitting or posting User Content, when interacting with Registered Users and others, and when giving away personal or other information to Registered Users and others.
Content Ownership and Responsibility
Daily Playlists does not claim any ownership rights in any User Content or End User Data (subject to Daily Playlists’ rights in the Service Data) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content or End User Data. Subject to the foregoing and with the exception of User Content and End User Data, Daily Playlists and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Daily Playlists will exclusively own all rights, title and interest in and to the Daily Playlists Service Data, including all intellectual property rights therein and will use the Daily Playlists Service Data in any manner it sees fit. You will have no rights in or to, nor access or use of, the Daily Playlists Service Data, other than as required for your use of the Services as provided herein.
Account Removal
You can remove your User Content by specifically deleting it using the features of the Services. We will permanently delete all information, content, and end-user data associated with your account. However, in very few instances, some Daily Playlists Service Data may not be able to be removed. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content or End User Data. Please contact us at Info@dailyplaylists.com for any clarification or requests associated with your data. You may also see our Privacy Policy for more insight in the kind of data Daily Playlists stores and shares.
User Grant of Rights
You hereby grant to Daily Playlists a non-exclusive, transferable, sublicensable, worldwide, royalty-free, irrevocable license to use, copy, modify, create derivative works based upon, publish, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Registered Users. In addition, Registered Users hereby grant to Daily Playlists a non-exclusive, transferable, sublicensable, worldwide, royalty-free, irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute their End User Data solely as necessary to: (i) develop, create and provide the Services; and (ii) develop and create the Service Data; provided however that: (a) Daily Playlists will not use or disclose any personally identifiable information of any of such End Users, except solely for the purpose of providing the Services in accordance with these Terms; (b) none of the Service Data will identify the Registered User or such End Users; and (c) Daily Playlists will use the End User Data in compliance with Daily Playlists’ Privacy Policy as it applies to such End User Data.
User Representation and Warranties
You are solely responsible for all your User Content and End User Data. You represent and warrant, that:
- you own all your User Content and End User Data, or you have all rights that are necessary to grant us the license rights in your User Content and End User Data under these Terms, including any appropriate licenses from rights management organizations
- you have paid any required royalties or fees for the rights to use such User Content and to grant us the license rights in your User Content and End User Data under these Terms
- neither your User Content nor End User Data, nor your use and provision of such User Content or End User Data to be made available through the Services, nor any use of your User Content or End User Data by Daily Playlists on or through the Services will infringe, misappropriate or violate a third party’s rights, including intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation (including without limitation, applicable data and privacy laws)
- neither the End User Data, nor your use and transmission of End User Data to be made available through the Services, nor any use of the End User Data by Daily Playlists as contemplated by this Agreement will breach any agreement between you and any third party
- you have made all disclosures and secured all requisite consents required under the applicable laws from End Users and other individuals as applicable, in connection with the provision and transmission of End User Data to Daily Playlists, the collection of End User Data by Daily Playlists, and use of such End User Data by Daily Playlists as contemplated herein.
Promotions
We may allow certain Users to organize contests, marketing campaigns and other promotions (“Promotions”) via the Services from time to time. We may also collect information from or about you as a result of your participation in an artist Promotion (“ Promotion Data”) and share that Promotion Data with the artist running the specific Promotion. Promotion Data includes information such as your name, email address, birthday, location, recent Tweets, and Spotify playlists. In addition, if you have interacted on an artist's page or have subscribed or followed that artist on your Third Party Account and we know this because you connected your Third Party Account with your Account or through interacting with the artist’s Content on the Services, and we have your email address, we will share your email address with such artist so that the artist can send you email notifications about the artist’s Promotions. Any artist’s Promotion is organized and run exclusively by the artist or on behalf of the artist by a third party, and we have no control over the manner in which a Promotion is organized, run or conducted. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR ANY LIABILITY THAT ARISES FROM YOUR PARTICIPATION IN ANY PROMOTION, DISCLOSURE OF YOUR EMAIL ADDRESS OR PROMOTION DATA TO ARTISTS OR USE OF SUCH DATA BY AN ARTIST. IF YOU PARTICIPATE IN A PROMOTION, YOU DO SO AT YOUR OWN RISK AND WE HAVE NO RESPONSIBILITY OR LIABILITY IN THIS REGARD. For more information regarding our collection, use and disclosure of email addresses and Promotion Data please see our Privacy Policy.
If you are a band/label/artist management who is organizing a Promotion via Daily Playlists, you acknowledge and agree that you are solely responsible for running the Promotion, and for any and all liabilities that arise from such Promotion. You agree to do the following in connection with your Promotions:
- Provide the contestants and participants with the official rules (“Official Rules”) of the Promotion and adhere to such Official Rules in conducting the Promotion.
- Comply with all applicable rules, regulations and laws relating to such Promotions (including without limitation, those that apply to the CAN SPAM Act and rules and regulations governing sweepstakes, contests and other skill and chance based games).
- Indemnify from any and all liability in connection with your Promotion.
- Any suggested official rules you may receive from Daily Playlists are provided “as is,” for illustrative purposes only. ACCORDINGLY, IF YOU ORGANIZE A PROMOTION USING ANY SUGGESTED OFFICIAL RULES YOU RECEIVE FROM US, YOU DO SO AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY LIABILITY THAT ARISES FROM SUCH PROMOTION OR YOUR USE OF THE SUGGESTED OFFICIAL RULES. Ensuring that a Promotion and its Official Rules comply with all applicable rules, regulations and laws is your responsibility and we recommend that you have an attorney review any Official Rules before starting any Promotion.
If you are in a band/label/artist management that receives any Registered User or Consumer information from us (including but not limited to Promotion Data) you agree that your use of any such information will be in a manner that is consistent with these Terms and the Daily Playlists Privacy Policy, and will at all times comply with all applicable laws and regulations (including, but not limited to, the CAN SPAM Act and any rules and regulations governing contests and promotions in the United States and their respective equivalent worldwide).
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@dailyplaylists.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose
General Prohibitions. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) promotes political campaigning;
- Use, display, mirror or frame the Services or any individual element within the Services, Daily Playlists’ name, any Daily Playlists trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Daily Playlists’ express written consent;
- Access, tamper with, or use non-public areas of the Services, Daily Playlists’ computer systems, or the technical delivery systems of Daily Playlists’ providers;
- Attempt to probe, scan or test the vulnerability of any Daily Playlists system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Daily Playlists or any of Daily Playlists’ providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Daily Playlists or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Daily Playlists trademark, logo URL or product name without Daily Playlists’ express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Daily Playlists’ Enforcement Rights.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including your User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy
Daily Playlists respects copyright law and expects its users to do the same. It is Daily Playlists’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please reach out to us if you have any questions in this regard at info@dailyplaylists.com.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at . Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Feedback”, “Privacy Policy”, “User Representations and Warranties”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “General Prohibitions”, “Daily Playlists’ Enforcement Rights”, “DMCA/Copyright Policy”, “Links to Third Party Websites or Resources”, “Warranty Disclaimers”, “Indemnity”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED BY DAILY PLAYLISTS “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR THE RESULTS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE USEFULNESS OR THE CAPABILITY OF THE SERVICES TO MARKET AND PROMOTE YOU OR ANY OTHER PERSON OR ANY MUSIC. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Indemnity
You will indemnify, defend and hold harmless Daily Playlists and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content (including Artist Content, if applicable), (iii) your violation of these Terms, or (iv) your Promotions (if you are an Artist conducting a Promotion).
Limitation of Liability
DAILY PLAYLISTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, OR FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER ACCOUNT HOLDERS, VISITORS OF THE SERVICES, OR THIRD PARTIES YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAILY PLAYLISTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL DAILY PLAYLISTS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAILY PLAYLISTS AND YOU.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Dispute Resolution for Commercial Entities
If you are accessing and using the Services on behalf of a company or other legal entity, you and Daily Playlists agree that the exclusive jurisdiction and venue of any legal action or proceeding arising under these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Dispute Resolution for Consumers
- Agreement to Arbitrate. You and Daily Playlists agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Daily Playlists with written notice of your desire to do so by email or regular mail at 1250 Long Beach Ave Apt. 318 Los Angeles CA 90021, within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Daily Playlists with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Daily Playlists with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Daily Playlists with an Arbitration Opt-out Notice, you acknowledge and agree that you and Daily Playlists are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Daily Playlists otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure. Unless you and Daily Playlists otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Daily Playlists submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitration Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Daily Playlists will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
- Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Daily Playlists will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- Changes. Notwithstanding the provisions of the “Changes to Terms” section above, if Daily Playlists changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Daily Playlists’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Daily Playlists in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Miscellaneous Terms
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Daily Playlists and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Daily Playlists and you regarding the Services and Content.
- Enforceability. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section above or by court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Daily Playlists’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Daily Playlists may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notice. Any notices or other communications provided by Daily Playlists under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Wavier. Daily Playlists’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Daily Playlists. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Privacy Policy
Published: September 9, 2019
Thank you for visiting www.dailyplaylists.com a website (“Site”) operated by Five Vectors Inc., and its affiliates (“Five Vectors”, “we” or “us” or “our”). Your privacy is extremely important to us. This Privacy Policy (“Privacy Policy”) explains our policies and practices regarding the collection and use of your personal information, and it sets out your privacy rights. PLEASE TAKE THE TIME TO READ THIS PRIVACY POLICY.
If you do not accept any of the provisions of this Privacy Policy, please do not use our online platform services (“Services”). The terms governing your use of the online platform are defined in our Terms of Services (“Terms”).
INFORMATION WE COLLECT
Account and Personal Information . We collect personal information about you when you register for an account, create or modify your profile, set preferences, and sign-up for our Services. For example, for us to communicate with you, you are asked to provide us personal information that will be used to identify you such as your email address. The exact personal data we will collect depends on the type of service plan you sign up for and whether or not you use a third party service (such as Spotify) to sign up and use our Services.
Your account personal information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer by signing off after you have finished accessing your account.
Content You Provide Using Our Services . We collect and store content that you post, send, receive, and share. This content includes any information about you that you may choose to disclose to us. Content also includes the files and links you upload to use our Services. If you use a server or data center version of the Services, we do not host, store, transmit, receive or collect information about you (including your content). If you have consented, we collect feedback you provide directly to us through the use of our Services and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect clickstream data about how you interact with and use features in the Services.
Content Others Provide about You . We receive and analyze content, communications and information that other people provide when they use our Services such as information about you. For example, such information might include comments or messages about your music or videos from other people.
Content You Provide on Our Site . We collect other content that you submit to our Site which includes social media or social networking websites operated by us. For example, you provide content to us when you participate in any interactive features, surveys, contests, promotions, activities or events.
Information about Your Activity . We collect information about your activity using our Services, which we use to allow playlist creators to gain information about your track and accept/reject it. The activity information may include music/tracks you search for and listen to, user location, username, social pages linked on Spotify, user subscription type on Spotify, number of Spotify followers, artists you follow.
Information You provide to Customer Support. We may also collect information from you when you provide certain information relating to our Services to our customer support team. For examples, you may provide information regarding a technical problem you are experiencing with our Services.
Payment Information . We collect certain payment and billing information (such as credit card or debit information) when you register for our Services.
Information We Collect Automatically . As is true of most other websites and mobile applications, our Site collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of our Site, including a history of the pages you visit.
Through Cookies and Other Similar Technologies . “Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with the Sites. When you visit our Site, we may send one or more cookies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Site and enhance the level of Services and functions provided. We may use third parties to send you advertisements on our Site that may be of interest to you, based on information collected about your use of our Site and other websites. To do so, these companies may place or recognize a unique cookie or similar on your browser. Please review our Cookies Policy.
Device and Connection Information . We collect information about your computer or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. Server and data center Service administrators can disable collection of this information via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.
Information We Receive from other Users of Services . We receive information about you from other service users, from third-party services, and from our business and channel partners. For example, other users of our Services may provide information about you when they submit content through the Services. We also receive your email address from other Service users when they provide it in order to invite you to the Services.
Other Services You Link to Your Account . We receive information about you when you or your administrator integrate or link a third-party service with our Services as follows. (i) If you create an account or log into the Services using your Spotify credentials, we may receive your name and email address as permitted by your Spotify profile settings in order to authenticate you. (ii) You or your administrator may also integrate our Services with other service providers you use, such as to allow you to access, store, share and edit certain content from a third-party through our Services. (iii) You may authorize our Services to access, display and store files from a third-party document-sharing service within the Services interface. (iv) You may authorize our Services to sync a play list so that you can easily connect with our Services. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.
Internet, Network, and Telecommunication . If you use our internet connection, networks, telecommunications systems or information processing systems, your activity and any files or messages on those systems may also be monitored by us at any time, in accordance with applicable law, for purposes of an investigation, or to ensure compliance with our company policies.
Do Not Track . Our Site does not support Do Not Track settings (“DNT”) at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your website visits collected across websites when you have not interacted with that service on a page.
HOW WE SHARE INFORMATION WITH OTHERS
In General . We do not rent, sell, or share your personal information about with other people or nonaffiliated companies for their direct marketing purposes, except as specifically described in this Privacy Policy. We use third party service providers to perform certain functions or services on our behalf to provide Services to you. When we transfer your information, we require all our service providers to maintain the privacy, confidentiality and security of the personal information and data. We take steps to ensure that these third parties take protecting your privacy as seriously as we do.
People you choose to Share Information . When you share and communicate using our Services, you choose the audience for what you share. For example, at the end of a competition users can share the link of the competition on Twitter or Facebook or directly embed URL onto a website.
Types of Service Providers . We engage third parties to perform services on our behalf such as software maintenance services, hosting services, email service providers, database management, web analytics, and other services.
Credit Card Processors . Not Applicable at this time.
Marketing Support Services . Like many companies, we contract with third parties to provide customer relationship management (“CRM”) tools for marketing purposes. Typically, these CRM tools are available for our use through a cloud-based platform (such as Salesforce). We engage third parties to provide CRM tools that compile our customer personal information and data that may be collected through various channels, such as, through our Site, telephone, direct mail, and marketing materials.
Law Enforcement and Internal Operations . Personal information may be provided where we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against us or to comply with the legal process (for example, discovery requests, subpoenas or warrants); (ii) to enforce or administer our policies and agreements with users; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) to protect the rights, property or safety of Five Vectors, its users or members of the general public. We will use commercially reasonable efforts to notify users about law enforcement or court ordered requests for data unless otherwise prohibited by law. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to any third-party request to compel disclosure of your information.
Affiliates and Business Transfer . We may share your personal information with our parent, subsidiaries and affiliates. Five Vectors may also sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Under such circumstances, Five Vectors will use commercially reasonable efforts to notify its users if their personal information is to be disclosed or transferred and/or becomes subject to a different privacy policy.
YOUR CHOICES
Right to Review and Rectify Your Personal Information . You may access your account at any time to correct, update, or delete inaccuracies by logging into your account through our Sites. If additional assistance is required to change or delete inaccuracies within your personal information or you would like to know what information about you was collected, please contact us. We reserve the right to charge for copies of data requested.
Right to Remove or Withdraw Consent . You have the right to withdraw consent where such consent is required to share or use data, however, you will not be able to opt-out on via the Sites. You may request that we delete your personal information. If you receive communications from us and no longer wish to receive them, please follow the opt out or removal instructions in the email. To delete your account, you must make a request by contacting us. Since your personal information is required for us to provide the Services to you, deleting it will also terminate your access to the Services. We may be required by law, to retain it to exercise or defend legal claims, or contractual obligations with our customers to retain some information in connection with our obligation to provide the Services. We may de-identify and anonymize some data for purposes of retaining it.
Data Portability . If you would like us to transmit your personal information to another company providing similar services and we are required to so by law, we will work with them to do so upon request and verification of such request with both the requestor and the company receiving the personal information.
Right to Redress . If you are located in the European Economic Area and you believe we have violated any data protection laws, you may file a complaint directly to your local Data Protection Authority (also known as the “DPA”).
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm . If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the Services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Communication . We will provide you reasonable mechanisms to exercise your choice regarding receipt of your personal information from Five Vectors. When you receive an email from us, you may opt-out from receiving future emails from Five Vectors by clicking on the unsubscribe link contained in the e-mail or by contacting us.
DATA STORAGE AND RETENTION
Your personal information is stored by Five Vectors on its servers, and on the servers of the cloud-based database management services Five Vectors engages, located in the United States. We will retain and use your personal information for as long as your account is active, as needed to provide you Services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact Five Vectors’ data protection officer at info@dailyplaylists.com.
SECURITY
The security of your personal information is important to us. To help protect privacy and personal information you transmit through use of our Sites, we maintain physical, technical and administrative safeguards. We take reasonable and appropriate measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction by taking into due account the risks involved in the processing and the nature of the personal data.
We restrict access to your personal information to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we store, process or transmit.
LINKS TO OTHER WEBSITES
This Site contains links to websites of other organizations. Unless otherwise specified, linkage to these other websites does not imply any relationship, sponsorship, or affiliation between Five Vectors and these linked websites, nor does it imply any adoption or approval of the content of such websites. Five Vectors does not have control over the policies or practices of these websites and is not responsible for their privacy practices or their content.
DATA INTEGRITY
Five Vectors will use your personal information only for the purposes for which it was collected, unless you provide prior consent. We will take reasonable steps to ensure that your personal information is relevant to its intended use, accurate, complete, and current. Any employee that Five Vectors determines is in violation of this Privacy Policy will be subject to disciplinary action.
INTERNATIONAL TRANSFER
Five Vectors is a global business. Personal information may be stored and processed in any country where we have operations or where we engage service providers. Five Vectors uses approved EU Standard Contractual Clauses (also known as SCC) Hyperlink https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en for the international transfer of personal information collected in the European Economic Area and Switzerland.
All the information you provide may be transferred or accessed by users outside of the United States as described in this Privacy Policy. As a result, your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.
YOUR CALIFORNIA PRIVACY RIGHTS
California residents who have an established business relationship with Five Vectors may make a written request to Five Vectors about whether we have disclosed any personal information to any third parties for the third parties' direct marketing purposes during the prior calendar year.
To make such a request, please send an email to admin@fivevectors.com or write us at using the contact information in the Questions, Concerns, or Complaints section below.
CHILDREN
The Children’s Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personal information online from children who are under 13. We do not knowingly collect or solicit personal information from children under 13; if you are a child under 13, please do not attempt to register on the Services or send any personal information about yourself to us. If you are under 13 years of age, you are not authorized to use any of the Service and must immediately delete your information from our Site and also from your devices. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
CHANGES AND UPDATES TO THE PRIVACY POLICY
As our company changes from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy, for any reason, without notice to you, other than the posting of the amended Privacy Policy. We may send you an email reminder of our notices and material changes, but you should check our Site frequently to see the current Privacy Policy is in effect and any changes that may have been made to it.
Questions, Concerns, or Complaints
Please contact us at:
Info@dailyplaylists.com
