OUR TERMS OF SERVICES
Last Updated : September 10, 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”) 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 email@example.com.
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.
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.
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.
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.
Currently, we don’t charge a fee for you to use our Services.
Content and Data
Definitions for the Terms
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.
User Grant of Rights
User Representation and Warranties
You are solely responsible for all your User Content and End User Data. You represent and warrant, that:
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:
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. 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:
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.
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 email@example.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.
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.
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.
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
Published: September 9, 2019
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.
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
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.
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 firstname.lastname@example.org.
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.
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.
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 email@example.com or write us at using the contact information in the Questions, Concerns, or Complaints section below.
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.
Questions, Concerns, or Complaints
Please contact us at: