Terms & Conditions
A. Carl Veco Music General Terms and Conditions Visit Carl Veco Music General Terms and Conditions
B. Carl Veco Music Streaming Terms and Conditions Visit Carl Veco Music Streaming Terms and Conditions
C. Carl Veco Music API Terms and Conditions Visit Carl Veco Music API Terms and Conditions
D. Carl Veco Music Social Media Official Rules Visit Carl Veco Music Social Media Sweepstakes Official Rules
E. Carl Veco Music Promotional Survey Sweepstakes Visit Carl Veco Music Promotional Survey Sweepstakes
Last Updated: Feb 10, 2023
A. General Terms and Conditions
This is a legal agreement ("Agreement") between and among you and Carl Veco Music, LLC, Carl Veco Music Europe B.V., and any other entity affiliated with Cvmusic, Inc., Carl Veco Music, LLC, Carl Veco Music International LLC and (collectively, "Carl Veco Music") stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Carl Veco Music website, including any Carl Veco Music branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Carl Veco Music reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Carl Veco Music: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All "Content", including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Carl Veco Music, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Carl Veco Music or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is "Products," which is certain Content made available by Carl Veco Music for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Carl Veco Music Sounds.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Carl Veco Music shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Carl Veco Music reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Carl Veco Music ("Registration Data") for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Carl Veco Music may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Carl Veco Music, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Carl Veco Music may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Carl Veco Music immediately of any unauthorized use of your password and/or Account. Carl Veco Music shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Carl Veco Music, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Carl Veco Music shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Carl Veco Music to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Carl Veco Music may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Carl Veco Music to charge your credit card for the above at Carl Veco Music's convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING CARL VECO MUSIC WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Carl Veco Music may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Carl Veco Music may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Carl Veco Music will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
Carl Veco Music sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Carl Veco Music reserves the right to refuse access to the Website or Carl Veco Music API or sale of Products, to any end user. Carl Veco Music may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Carl Veco Music does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Carl Veco Music charts and other marketing data, Carl Veco Music reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Carl Veco Music’s sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Carl Veco Music will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Carl Veco Music.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Carl Veco Music reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Carl Veco Music's offer to sell or (2) convey Carl Veco Music's acceptance of your order. Carl Veco Music reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Carl Veco Music reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Carl Veco Music chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
15. Charges and Billing.
Carl Veco Music currently accepts American Express, Visa, Master Card, JCB and PayPal. Carl Veco Music does not accept cash, money orders, or checks. Carl Veco Music reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Carl Veco Music, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Carl Veco Music will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Carl Veco Music's management's sole discretion.
Carl Veco Music accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Carl Veco Music, LLC. All purchases made using currency other than US Dollars shall be processed by Carl Veco Music Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
17. Limitations of Content Usage and Copyright.
Carl Veco Music may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Carl Veco Music ("Content Rules") and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. CARL VECO MUSIC RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream.
A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Carl Veco Music shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Carl Veco Music Sounds platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.
20. Loss of Rights by Carl Veco Music.
Carl Veco Music may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s charts and a user's collection of Content. CARL VECO MUSIC HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Carl Veco Music is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
23. Carl Veco Music Username Policy.
No two users or DJs can have the same Carl Veco Music Username or DJ name (collectively, “Carl Veco Music Username”) on the Carl Veco Music platform. Carl Veco Music Usernames are provided on a first-come basis.
Carl Veco Music will not typically intervene in Carl Veco Music Username disputes. Disputes should be resolved between the parties. However, Carl Veco Music reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Carl Veco Music Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Carl Veco Music determines that a Carl Veco Music Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Carl Veco Music to be otherwise misleading;
(iii) Carl Veco Music suspects that a Carl Veco Music Username is being squatted;
(iv) the registered Carl Veco Music Username is that of a more established, well-known DJ, and Carl Veco Music’s decision not to reassign the Carl Veco Music Username will lead to consumer confusion; and
(v) Carl Veco Music has determined, in its own discretion, the situation is such that removing or reassigning the Carl Veco Music Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Carl Veco Music Username is strictly prohibited and may result in permanent account suspension.
24. User Generated Content.
Carl Veco Music may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Carl Veco Music users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Carl Veco Music, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Carl Veco Music or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless Carl Veco Music, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the Carl Veco Music Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Carl Veco Music. Carl Veco Music reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Carl Veco Music reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Carl Veco Music does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Carl Veco Music.
25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
26. Carl Veco Music's Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Carl Veco Music may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Carl Veco Music's use of such Content exploits any proprietary rights you may have in such material, you agree that Carl Veco Music has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Carl Veco Music and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Carl Veco Music and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Carl Veco Music and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
30. Violation of Intellectual Property Rights.
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Content other than for the purposes stated for herein are prohibited.
If Carl Veco Music receives a notice alleging that you have engaged in behavior that infringes Carl Veco Music's or an other's intellectual property rights or reasonably suspects the same, Carl Veco Music may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
31. Enforcement of These Terms.
You agree that Carl Veco Music has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Carl Veco Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Carl Veco Music's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
32. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Carl Veco Music may include links to third party websites, which are provided solely as a convenience to you. Carl Veco Music assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Carl Veco Music is not responsible for evaluating or examining the content or accuracy of such.
33. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Carl Veco Music and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Carl Veco Music and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Carl Veco Music suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Carl Veco Music with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Carl Veco Music believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Carl Veco Music, at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
35. Governing Law.
The laws of the United Kingdom excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Carl Veco Music or relating in any way to your use of the Website resides in the courts of the United Kingdom
36. Export Controls.
The Content offered by Carl Veco Music may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You warrant that you are (1) not located in Congo, Cote d’Ivorie, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Carl Veco Music under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
37. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Carl Veco Music may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Carl Veco Music makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Carl Veco Music be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Carl Veco Music shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Carl Veco Music makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Carl Veco Music makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Carl Veco Music specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Carl Veco Music has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. Streaming Terms and Conditions
Please read these Carl Veco Music Streaming (“Streaming”) Terms and Conditions (“Streaming Terms”) carefully before signing up and purchasing a Streaming subscription plan. By participating in, and signing up for, Carl Veco Music Streaming, you are agreeing to be bound by these Streaming Terms. If you do not wish to be bound by these Streaming Terms, please do not purchase a subscription for Streaming.
1. Streaming Terms and Conditions
These Streaming Terms are applicable to all participating users of the Streaming service. All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Streaming Terms, these Streaming Terms shall apply for your use of the Streaming service
2. Third-Party Partner Applications and Devices
Streaming is available via third-party DJ hardware and software products (each a “Partner Company”). Each Partner Company may have their own terms and conditions, which will also apply to your use of Streaming when utilizing that company’s product. Carl Veco Music shall not be responsible if any Partner Company chooses to no longer support Streaming. In such situations, Carl Veco Music will attempt to preemptively notify all Streaming subscribers via email. If you have opted-out of email communication, you may not receive the notification.
3. Streaming Fees and Terms
Carl Veco Music Streaming has three plans available: (i) Essential with audio streams via Carl Veco Music.com and Carl Veco Music Mobile at 128kbps AAC for $9.99USD/month with no DJ hardware & software integrations; (ii) Advanced with audio streams at 128kbps AAC for $14.99USD/month with DJ hardware & software integrations and no offline locker access; and (iii) Professional with audio streams at 256kbps AAC for $29.99USD/month with DJ hardware & software integrations and offline locker access of up to 1,000 tracks.
Currency dependent on location of purchase. Monthly fees and subscription plans may be subject to change. Promotional discounts may apply. Subscription month starts on the day of purchase and renews, or terminates, on the same day the following month. Subscription will auto-renew unless terminated by you prior to the auto-renewal date. Your subscription will remain active through the current subscription month upon termination. There are no refunds for early termination. You may cancel your subscription at any time.
4. Your Use of Carl Veco Music Streaming
Streaming enables you to listen to full streams of tracks from Carl Veco Music’s catalog of content via the interface of certain Partner Company’s products. Your subscription to Streaming will grant access to Streaming wherever it is available. Carl Veco Music Sounds content will not be available on Streaming.
Any content by a Supplier that has expressly opted out of the Streaming subscription service, will not be available. Carl Veco Music is not responsible for content that is not available to Streaming subscribers and your only remedy in such situations is to choose not to renew your subscription the following month.
5. Prohibited Use of Carl Veco Music Streaming
Content streamed with your Streaming subscription is intended for your personal use only. Use of Streaming for public performance purposes will require additional licensing, which is not included as part of your subscription.
You may use Streaming with up to five (5) devices. Additional devices shall be viewed as a violation of the Streaming Terms and Conditions. Streaming supports up to 4 concurrent streams at one time.
Account sharing on Streaming is strictly prohibited. Carl Veco Music reserves the right to terminate any Streaming subscription, effective immediately, in cases where such activity is identified by Carl Veco Music. The decision to terminate your access to Streaming is solely at Carl Veco Music’s discretion. Carl Veco Music will not share evidence or detailed information in reference to what prompted Carl Veco Music to terminate your access to Streaming. No refund will be provided as a result of termination by Carl Veco Music.
6. Accessibility of Past Purchases
Your Streaming subscription includes access to your past purchases with unlimited re-downloads. Please review the Terms for information on usage of this feature.
7. Carl Veco Music Charts and Plays
Plays on LINK are not applied to the Carl Veco Music Charts for charting purposes. Carl Veco Music reserves the right to exclude fraudulent plays, at its own discretion, that it believes are made for the sole purpose of increasing revenue share. Carl Veco Music will not share any data that was the basis for such decisions.
E. API Terms and Conditions
If you are requesting access to the Carl Veco Music API on behalf of yourself, "you" and "your" shall refer to you as a contracting individual.
The Carl Veco Music API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Carl Veco Music approved domain.
B. Your Use of the Carl Veco Music API
(ii) Prohibited Actions.
You, as the user of the Carl Veco Music API, must not attempt to:
(a) encourage or facilitate the violation of any aspect of Carl Veco Music's Website Terms and Conditions ;
(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Carl Veco Music's express written consent;
(c) use the API in conjunction with a subscription service or the distribution of any content, for free or for sale, whether or not you have the appropriate license and rights to distribute such materials, without express written permission by Carl Veco Music (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or,
(d) mislead, misguide, or confuse users.
(iii) Use of Carl Veco Music Logos and Trademarks.
Carl Veco Music grants you a non-exclusive license to use the Carl Veco Music trade name, logo, and trademark solely to identify the source of the Carl Veco Music API content or as direct links to the Carl Veco Music Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Carl Veco Music brand. All permitted use of the Carl Veco Music trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Carl Veco Music API or as defined in the Carl Veco Music Style Guide: https://support.Carl Veco Music.com/hc/en-us/articles/200353255 .
(iv) Link to Purchase Pages.
The Carl Veco Music API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Carl Veco Music's Website where the user can access the associated content.
2. Platform Usage.
A. Carl Veco Music may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge we have no obligation to do so. Carl Veco Music is not responsible for files, content, or any other information accessible through the API platform.
B. We may limit the number of calls accepted by the API if we believe the number of calls to the Carl Veco Music API may negatively impact the Carl Veco Music API or Website performance.
C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Carl Veco Music refines and adds more features with the needs of our audience and any feedback received.
3. End User Data.
4. Other Platforms and Users.
Carl Veco Music has no obligation to provide support to your users. Unless you have written permission to do so from Carl Veco Music, you must not state or imply any endorsement by Carl Veco Music of your site or the content of your site. Providing links to the Carl Veco Music store to enable purchasing of products shall not be considered an endorsement.
5. Copyright and License
Carl Veco Music grants you a limited, non-sublicensable right to access the API and use the Carl Veco Music data for non-commercial and informational use. Any commercial use must be pre-approved in writing by Carl Veco Music and any options to purchase content provided by the API must link back to Carl Veco Music's website, unless otherwise permitted by Carl Veco Music.
6. Proprietary Rights and License.
A. Carl Veco Music Property.
As between you and Carl Veco Music, Carl Veco Music retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Carl Veco Music brands; and (d) any feedback from users, developers, or others (including suggestions, comments, improvements, ideas, etc.) about the Carl Veco Music services, the content, the API, or any applications Carl Veco Music may be developing at the time of feedback or chooses to develop at a future date.
B. No Implied Rights.
C. Carl Veco Music Development.
7. Term and Termination.
Your use of the Carl Veco Music API is subject to the following restrictions:
A. All calls to the Carl Veco Music API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.
B. You will provide the Carl Veco Music content to your users on "As Is" terms.
C. You may not use the Carl Veco Music content in a product, service, or for commercial use without Carl Veco Music's express permission.
D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Carl Veco Music API or any content or data provided through the Carl Veco Music API.
E. You agree not to use the Carl Veco Music API, Content, Products, or the Carl Veco Music trade names, logos, and trademarks in any way that harms Carl Veco Music, its service providers, its suppliers, its artists, its labels, Carl Veco Music or your end users, or any other person.
F. You may not use the Carl Veco Music API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.
9. Representations and Warranties.
The Carl Veco Music API is provided "As Is", use at your own risk, without express or implied warranty or condition of any kind. Carl Veco Music also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.
12. Limitation of Liability.
In no event will Carl Veco Music, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Carl Veco Music has been warned of the possibility of such damages. Carl Veco Music assumes no liability for any of your activities in connection with the Carl Veco Music API or for your use of the Carl Veco Music API in connection with your website.
F. CARL VECO MUSIC SOCIAL MEDIA SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER OR ANY THIRD PARTY SOCIAL MEDIA PLATFORM. VOID WHERE PROHIBITED BY LAW.
BY ENTERING ANY CARL VECO MUSIC SOCIAL MEDIA SWEEPSTAKES, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. ANY VIOLATION OF THESE OFFICIALS RULES MAY, AT CARL VECO MUSIC’S, OR IDENTIFIED SPONSOR’S, DISCRETION, RESULT IN DISQUALIFICATION.
Carl Veco Music may run, from time to time, Carl Veco Music Social Media Sweepstakes (individually and collectively, “Sweepstakes”), sponsored by Carl Veco Music, LLC and Carl Veco Music Europe B.V. (collectively “Carl Veco Music”). Such Sweepstakes shall take place on Carl Veco Music’s various social media platforms. These Official Rules shall apply to each Sweepstakes unless the Sweepstakes states otherwise and alternate terms and conditions are provided.
The “Sweepstakes Period” for each Sweepstakes shall be stated on the post/tweet for the specific Sweepstakes. All submissions must be provided by 12:01am Mountain Standard Time (USA) by the date posted. Carl Veco Music may, at its discretion, extend the Sweepstakes Period for each Sweepstakes by changing the end date on the selected post.
The Winner for each Sweepstakes will be identified in the comments section of the Sweepstakes post. Carl Veco Music may also reach out to the Winner via messaging on the social media platform. By entering, you give Carl Veco Music permission to message you if you are the Winner.
1. What Can I Win?
There will be one (1) prize (“Prize”) for each Sweepstakes. Winning a Prize does not disqualify you from participating in or winning future Sweepstakes. Prize for each Sweepstakes will be identified with the Sweepstakes post/tweet.
Prize is non-transferable and no substitution, exchange or cash equivalent will be allowed except by Carl Veco Music. Carl Veco Music reserves the right to substitute prizes of equal or greater value and approximately similar features for any Prize due to unavailability or difficulty in shipping.
The odds of winning depend on the number of eligible entries received.
2. Who Can Enter?
This is a worldwide promotion. You are eligible if you are 18 years of age or older as of the date the Sweepstakes was first posted or are between the ages of 13 and 18 years of age and have your parent’s permission, and reside in a country where Carl Veco Music content can be purchased. Entrants must also be legal, non-fraudulent, registered members of Carl Veco Music.com and the social media platform where the Sweepstakes is conducted.
You are ineligible to enter and will be disqualified if:
• You are an employee or director of, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live) of, or live in the same household (whether related or not) with, such employees and directors (collectively, an “Employee”) of Carl Veco Music or Cvmusic, Inc, or if you are an employee of their respective parent and subsidiary companies, or of an advertising, promotion, judging, production or publicity agency doing business with any of the above, or of any of their respective parents, subsidiaries, and affiliated companies, or of anyone connected with the production and distribution of the Sweepstakes.
• You have attempted to enter the Sweepstakes via multiple accounts or multiple entries from the same account.
• You have not complied with these Official Rules or the final decisions of Carl Veco Music, in Carl Veco Music’s sole discretion.
3. How Do I Enter?
• Become a registered member of Carl Veco Music.com and the social media platform the Sweepstakes is posted on, if you are not already, and follow or friend the Carl Veco Music profile page. Registrations are free.
• And, either:
a.) Follow the instructions for entry associated with the Sweepstakes post/tweet; or,
b.) Enter by mail-in entry to: Carl Veco Music, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention: Carl Veco Music Social Media Sweepstakes Entry. Entry must be received by Carl Veco Music on or before the posted Sweepstakes Period associated with the Sweepstakes, and must include the participant’s registered Carl Veco Music username.
Multiple entries or submissions are prohibited.
Carl Veco Music may disqualify any entrant violating these Official Rules, in letter or in spirit. Carl Veco Music may prohibit any individual from participating in the Sweepstakes or winning a prize if, in Carl Veco Music’s sole discretion, it determines that said individual: is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, fraud, theft, or other unfair practices; violates the Official Rules; or acts in any disruptive manner during the Sweepstakes.
Your contact information may be shared with Carl Veco Music’s representatives for the sole purpose of prize fulfillment. By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of Carl Veco Music, which will be final.
4. How Will Winners Be Chosen?
Winner shall be selected by random number generator. Winner will be notified in the comments section of the Sweepstakes. Carl Veco Music reserves the right to select an alternate winner for an individual that is unreachable or unresponsive seventy-two (72) hours after notification.
Carl Veco Music reserves the right to verify the validity of any entry, including entrant’s identity, age, address, email address, Carl Veco Music account, and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry, in Carl Veco Music’s sole judgment. Inappropriate language, in Carl Veco Music’s sole discretion, may also be cause for disqualification.
5. Winner Obligations.
Selected winner agrees to return any prize received if a representation made proves to be untrue, and shall defend, indemnify and hold harmless Carl Veco Music against any and all claims, damages and expenses, including attorneys’ fees incurred as a result of any such misrepresentation. If you are selected as a winner, you hereby consent to the use of your name and likeness by Carl Veco Music for the purposes of publicity and release to the media, without any further consent or compensation, unless prohibited by law.
At times, Carl Veco Music may conduct a Social Media Contest (“SM Contest”) instead of a Sweepstakes. With an SM Contest, Carl Veco Music is challenging its audience base to take some action in which entries will be judged and winner will be selected by a team of Carl Veco Music judges.
All eligibility and other requirements associated with Sweepstakes will pertain to such SM Contests. Judging will be performed by members of Carl Veco Music staff, unless otherwise identified.
Rules for entering and winning will be posted with the SM Contest announcement or in the comments of the post. Carl Veco Music may choose to exclude any entry or contestant it feels is trying to manipulate the SM Contest or is generally violating the spirit and intentions of the SM Contest.
All decisions made by the Carl Veco Music judges will be deemed final.
7. Release and Indemnity.
By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against Carl Veco Music, its employees and agents, for lost, late, damaged, undelivered, unseen, or miscounted entries, whether due to technical or human error, any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the award, receipt and/or use or misuse of any Prize. In order to receive a Prize, winner may be required to sign an official waiver form provided by the Carl Veco Music.
Carl Veco Music may revise these Official Rules (and/or cancel, modify or suspend a Sweepstakes, including altering the Prize) if, in its sole discretion, the Sweepstakes cannot reasonably be conducted as specified at any time. Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.
9. Other Things You Should Know.
You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the State of Colorado, or the appropriate Colorado State Court located in Denver, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but you may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, you waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Carl Veco Music in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules. The Sweepstakes is void where prohibited, restricted or regulated by law. Failure by Carl Veco Music to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights. You hereby represent and warrant that you have read these Official Rules and are fully familiar with the contents.
9. For a paper copy of winners and Prizes, please send a self-addressed, stamped envelope to Carl Veco Music, LLC, Schlesische Str. 29/30, 10997 Berlin, Germany Attention: Carl Veco Music Social Media Sweepstakes.
G. Carl Veco Music Promotional Survey Sweepstakes
Carl Veco Music may, from time to time, ask users of its Website to participate in a survey providing Carl Veco Music with information about its website, platform, brand, industry, or other such matters the company believes may be helpful. Participation in such surveys is discretionary. In some circumstances, Carl Veco Music may offer a Prize to encourage users to participate.
The Terms and Conditions provided for in Section D, Carl Veco Music Social Media Sweepstakes, shall apply to all Promotional Survey Sweepstakes, except as modified herein.
1. Entering a Promotional Survey Sweepstakes
Opportunities to participate in a Carl Veco Music Survey may be at the discretion of Carl Veco Music, or, an algorithm created by Carl Veco Music or a Carl Veco Music partner, or completely random. If you are selected, and within the required age range as defined in Section D(2), you will be automatically entered upon submission of a completed survey.
Alternatively, if you are not selected to participate in a survey, or prefer not to complete the survey but still wish to enter the Sweepstakes, you may enter by mail-in entry to: Carl Veco Music, LLC, Pfuelstraße 5, 10997 Berlin, Germany, Attention: Carl Veco Music Promotional Survey Sweepstakes Entry. Mail-in entries must be received during the time of an active Sweepstakes and before the date of the drawing, which may not be publicized.
All responses submitted shall become the sole property of Carl Veco Music. Carl Veco Music may utilize any suggestions or input without any further compensation to you. Any personal information will only be used to identify and notify the winner of the Sweepstakes.
3. Winner’s List
Winner(s) for any Promotional Survey Sweepstakes will not be publicly announced. Carl Veco Music will reach out to any winner directly via the email provided with the survey or the email associated with the user’s account. Carl Veco Music is not responsible for any undelivered or unreceived emails and reserves the right to select an alternate winner if the first selected winner is deemed unreachable.