Vaccaro Bros. Music User Agreement

Welcome Symphonic Spirit Music Fans!

1.0

We're thrilled you've decided subscribe to our Symphonic Spirit Music Streaming website and our related services, all of which we refer to simply as the “Services.”

1.1

Our premium content has never been played, viewed or seen outside of this website.

1.2 Services License Summary

A. We are granting you a licence to stream our music content for your personal enjoyment when you sign up and pay our standard streaming fee. Our premium music content is not freely available on the internet as complete songs. We embed unique and inaudible digital codes into our music streams that are unique to every subscriber.

B. If any of our music streams are converted into an electronic form that can be shared and downloaded on the internet or in any other form, we will pursue the leaking Subscriber to pay us statutory copyright infringement damages plus punitive damages.

1.3 The main characteristics of Services are the following:

1.4

The Services are accessible to the Subscriber until the end of his subscription period as indicated on the Subscriber’s account page on the website. Subscribers may access the Services on up to 3 devices and computers at a time.

1.5 Purpose

We have created a music streaming platform built for use only by verified and paid subscribers to listen to and view our exclusive premium Symphonic Spirit content, comprising music, art and lyrics Services.

1.6 User License Terms

A. When you use our Services, you are entering into a legal agreement; and you agree to all of the provisions and terms in this agreement.

B. Our premium music service is for private listening only. You may not play our premium music at any public performance or in any public place.

C. You may not re-distribute samples of our music exceeding 30-seconds of any song, in aggregate.

D. If you submit photographs to us, you are agreeing to permit us to display the photographs on our social network.

E. You will create a strong password for your account and you will keep your password a secret . Please don’t share your password outside of your household.

F. You will not share your account with anyone else other than with your spouse, your children, your minor siblings, or your parents.

G. You will follow our rules and the law.

H. No one under 14 is allowed to create an account or use the Services.

I. You will use a valid post-paid Visa or MasterCard to identify authorized users and access the Services. (A pre-paid credit card does not provide user authentication)

J. The Services are provided on an “as is” and “as available” basis pursuant to an annual subscription fee. We will strive to provide you access to the Services via the internet according industry standard uptime availability, subject to outages that beyond our control in the normal course of business.

K. You acknowledge that your participation in using of the Services is voluntary and your access may be blocked for not adhering to these terms.

L. In no event shall Vaccaro Bros. Music, its officers, directors, employees or agents, be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including, without limitation, damages for loss of profits, loss of enjoyment, goodwill, work stoppage, computer failure, loss of data or intangible losses, that result from the use of, or inability to use, any Services.

M. For example, Vaccaro Bros. Music assumes no liability whatsoever resulting from any website outages or for any loss or damage of any kind incurred as a result of Customer’s use of the Services, whether based on warranty, contract, tort or any other legal theory, and whether or not Vaccaro Bros. Music is advised of the possibility of such damages.

2. Copyright

2.1

You agree that Symphonic Spirit Music or its licensor holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being accessed by You and You agree to make no claim of interest in any such Services.

2.2

You understand and agree that all content and materials contained in this Agreement, other policies, Symphonic Spirit Music and any affiliated websites, are protected by the various copyright laws of the United States, Canada, and across the world countries under the Berne Convention . Vaccaro Bros Music and Symphonic Spirit Music and its licensor expressly reserves its rights in and to all such content and materials.

2.3

You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Symphonic Spirit Music or its licensor.

2.4

No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to permit You by this Agreement to save, store, retransmit or otherwise re-publish the services provided on this platform.

2.5

You understand and agree that access to the Services is granted for Customer’s personal use only. Symphonic Spirit Music Services may not be resold, repackaged, transferred or provided as a benefit to any third party whatsoever, except with your spouse, your children, your minor siblings, or your parents.

2.6

Moreover, and consistent with all Terms of Use (see below) provisions relating to same (including but not limited to, limitations against reverse engineering, against large data downloads and against any crawler, automated process or high volume manual process), You shall not access the Services to (i) create derivative databases, (ii) reverse engineer technologies, (iii) "scrape,” download or copy Symphonic Spirit Music, or (iv) republish Symphonic Spirit Music. Customer may not, for example, use Symphonic Spirit Music Services to develop derivative works that replicate the functionality, in whole or in part, of any of Symphonic Spirit Music’s Services.

3. Code of Conduct

3.1

Please relax and enjoy our concerts:

3.1.1

We encourage you to relax and enjoy the experience of being at our concerts with fellow fans. When you lift up your phone to take multiple pictures or record parts of the concert, you may be disturbing and blocking the view of others behind you. Worse yet, when others see that you are recording the event, others may join in and record the event.

3.1.2

We perform better when we see that are fans are relaxed and enjoying our concerts. Please do your part to make our concerts a better experience for everyone.

3.2

You will not post pictures of your friends and others without their express permission.

3.3

You will not record more than 10 second segments of any Symphonic Spirit song or music at a concert or live event.

3.4

You will not hold your phone up at our concerts for more than 5 seconds during any 10 minute period.

4. Photographs, Music & Content

Photographers

A. You keep all of your ownership rights to any photograph that you submit to us, but you give us permission to use the photograph as we determine, without any monetary compensation.

B. By submitting, or otherwise agreeing to our use of, a photograph or other content, you grant us a non-exclusive, unrestricted, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to publish, publicly display, perform, and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms.

C. By submitting, or otherwise agreeing to our use of a photograph, you waive your moral rights in a photograph or other content, and permit us to modify, edit, alter and superimpose fun images onto the photograph.

Representations

D. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge that Your actions in connection with using the Services infringe upon Symphonic Spirit Music’s copyright.

E. If your image appears in a photograph being submitted to us, you hereby irrevocably:

I. Authorize Symphonic Spirit to edit, alter, copy, exhibit, publish or distribute the photograph for purposes of publicizing Symphonic Spirit and its Services; and

II. Waive your privacy rights and publicity rights and you permit us to use your name and image with our Services; and

III. Acknowledge that since your participation with use of the Services is voluntary, you will not receive any monetary compensation.

5. The Content you submit.

A. Since we do not want our Services be put to bad uses, you agree not to submit any photograph that:

  1. Invades anyone's privacy rights;
  2. Violates anyone's copyright rights;
  3. Violates anyone's publicity rights;
  4. Violates any law;
  5. Defames anyone;
  6. Is deviant, obscene, inappropriate, sexually explicit, harassing, abusive, harmful, violent, or is offensive in any way;
  7. Depicts any recognizable criminal act or is otherwise objectionable; or
  8. That harms us or our audience.

B. While we're not required to do so, we may access, review, screen, and delete your photograph from our Services without notice to you, in our sole discretion at any time, including if we think your content violates any provision or terms of this agreement.

C. You alone remain responsible for the photographs you submit, upload, post, send, or store through our Services.

6. Conflict Resolution, waiver and indemnity

A. If you have a disagreement with us or think any of your photographs has been used without your permission or in violation of your rights, let us know so that we can try to work it out.

B. You can reach us here:

VACCARO BROS. MUSIC INC. Email: PO Box Maple, ON

C. You irrevocably waive all rights and agree to release and hold harmless Symphonic Spirit from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, damage to property, or any other similar matter.

D. You agree to indemnify, defend, and hold Symphonic Spirit harmless from any claim or cause of action related to your violation of any provision or terms of this Agreement.

7. Safety

A. We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

B. Services in a way that would distract you from obeying traffic or safety laws. For example, never shoot photographs or videos while driving. And never put yourself or others in harm’s way just to shoot a photograph.

8. Enforceability

If any provision or term of this User Agreement is deemed invalid, illegal or is otherwise unenforceable, then that provision or term shall be limited or eliminated to the minimum extent necessary to permit the remaining provisions and terms of this User Agreement to remain in full force and effect.

If any provision or term of this User Agreement is found invalid, in whole or in part, the parties agree that the remaining provisions and terms shall remain enforceable.

9. Symphonic Spirit

When we refer to “Symphonic Spirit” or “us” or “our” or “we” in these Terms & Conditions, we mean ________________________INC., its affiliates, subsidiaries, successors, licensees and assigns.

You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

You will not use or attempt to use another user’s account, username, or password without their permission.

You will not solicit login credentials from another user.

You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.

You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.

You will not probe, scan, or test the vulnerability of our Services or any system or network.

You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our

10. Successors and Assigns

The covenants and conditions contained in this Assignment shall apply to and bind the parties hereto and their heirs, legal representatives, successors and assigns.

11. Choice of Law

This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario, Canada.

12. Modification

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion with seven (7) days prior written notice. You will be notified by email. Modifications may include, but are not limited to, changes in the scope of available If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of our website following our posting of a change notice or new agreement on our participating websites will constitute binding acceptance of the change.

SE of material on SymphonicSpirit.com

The information, design, text, graphics, music, recordings and other content on this Website (the "Materials") are protected by copyright laws. You may only access and use the Materials for personal purposes. You may not modify, scan or copy or use any other method now known or to be discovered in future to reproduce, republish, duplicate, translate or distribute in any way any portion of the Materials or use the Materials for any other purpose, or publicly perform or broadcast any of the musical excerpts or recordings included on this Website without the prior written permission of VACCARO BROS. MUSIC INC. You may not download the music and recordings of this Service at any time. Any publication, reproduction, public exhibition or further distribution of Materials provided at this Website, whether in whole or in part, is strictly and expressly prohibited. To request permission, send an e-mail, including your name, username, e-mail and postal address and a description of the purpose of your intended use and the Materials you would like to use to customer service . You may print any part of the Materials for personal purposes only, provided you also retain any copyright notice originally included with the Materials. The materials included on this Website have been compiled from a variety of sources, and are subject to change without notice.

Disclaimer of Warranty

VACCARO BROS. MUSIC INC. has taken every care in the preparation of the Materials of this Website. Everything made available on this Website is provided to you "as is" and VACCARO BROS. MUSIC INC. makes no warranties or representations of any kind with respect to this Website or the Materials. TRADEMARKS The trademarks displayed on this Website are the registered and unregistered trademarks of VACCARO BROS. MUSIC INC. Nothing contained on this Website shall be construed as granting any license or right to use any such trademarks.