Overview

Vokler operates this website and provides information, tools, and services to users who agree to accept the terms, conditions, policies, and notices stated here. By accessing or using this website, you are agreeing to be bound by these Terms of Service, including any additional terms and conditions or policies referenced herein. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. Please carefully read these Terms of Service before using our website. If you do not agree to these terms and conditions, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

The information on this website is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Users who access the site from other locations do so at their own initiative and are solely responsible for compliance with local laws.

Any new features or tools added to the site will also be subject to these Terms of Service. The most current version of the Terms of Service can be reviewed at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The site is intended for users who are at least 16 years of age. Users who are minors in their jurisdiction of residence (generally under the age of 18) must have permission from and be directly supervised by their parent or legal guardian to use the site. If you are a minor, your parent or guardian must read and agree to these Terms before you can use the site.

General Terms

By accepting these Terms of Service, you acknowledge and represent that:

• You are at least 16 years of age.
• If you are a minor, you have obtained parental permission to use the Site and are being directly supervised by your parent or legal guardian.
• You have the legal capacity to enter into this agreement and you agree to comply with these Terms of Use.

You agree not to use the Site for any illegal or unauthorized purpose, and you will not violate any laws in your jurisdiction, including but not limited to copyright laws, while using the Service.

Please note that as a service provider, we do not guarantee the safety, effectiveness, accuracy, or legality of any information contained on the Site. You understand and agree that the content of the Site should not be relied upon, and you will hold us harmless from any errors, omissions, or misrepresentations in the Site's content.

Any breach or violation of these Terms may result in an immediate termination of your Services.

Prohibited Uses

In addition to the prohibitions outlined in the Terms of Service, the following uses of the site or its content are strictly prohibited:

(a) Using the site or its content for any unlawful purpose. (b) Soliciting others to perform or participate in any unlawful acts. (c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances. (d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others. (e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) Submitting false or misleading information. (g) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet. (h) Collecting or tracking the personal information of others. (i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping. (j) Using the Service or its content for any obscene or immoral purpose. (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

Disclaimer Of Warranties; Limitation of Liability

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from the service will be accurate or reliable.

You acknowledge and agree that we may, from time to time, remove the service for indefinite periods or cancel the service without notice to you.

You expressly agree that your use of the service, or your inability to use the service, is at your sole risk. The service and all products and services provided to you through the service are provided "as is" and "as available", without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

In no event shall Vokler, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages. However, in states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

Indemnification

By using our service, you agree to indemnify, defend, and hold Vokler, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Selling Vocals

Vokler makes vocal tracks or vocals, which are compositions and recordings, available on its Site through third-party vocalists. Vokler ensures that all vocalists confirm that their recordings and offerings do not infringe any third-party rights and that they have obtained the necessary permissions to make the vocal tracks available and grant ongoing rights to purchasers.

Vocalists acknowledge and agree that they own 100% of the vocal tracks they offer for sale or lease, and they have the appropriate licenses, copyrights, mechanical licenses, and all other permissions required to offer vocal tracks to others.

Seller Obligations

By uploading and selling vocal tracks and associated content, including name, description, and photograph (referred to as "vocal track content") on the Site, vocalists warrant and represent the following:

• You have the authority and permission to make the vocal track content available in the manner offered by you.
• The vocal track content does not infringe the rights of any third party, including sample owners, writers, artists, or musicians.
• The vocal track content does not contain or transmit any virus or other harmful matter.
• All files advertised as included with purchase are uploaded.

While Vokler provides a platform for vocalists to sell and grant licenses to vocals, all sales and licenses are between the seller and buyer. Vocalists agree that any claims arising from a sale, license, or purchase of a vocal will be brought solely against the buyer, and not against Vokler.

Vokler reserves the right to remove any of Your Content from the Website if it falls into any of the following categories: (i) patently offensive, pornographic, or defamatory; (ii) the subject of a dispute between you or us and a third party; (iii) content for which you cannot provide documentation of your rights upon Vokler request; (iv) content that violates the intellectual property rights or other protected interests of a third party; (v) the subject of a takedown notice by a party claiming to own the rights therein; or (vi) content that is the subject of any fraudulent activity or is deemed necessary by Vokler sole and absolute judgment to protect the business interests of Vokler or Licensees. Vokler shall have no liability to you for the removal of any of Your Content from the Website.

Vokler aims to provide the music community with high-quality vocals, and therefore reserves the right to remove content that is deemed to be of substantially poor quality.

We reserve the right to terminate, suspend, or remove any account or content that we believe breaches our terms and conditions, without liability to you. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs, and liabilities arising out of any breach by you of these terms.

Buying Vocals

Your contractual relationship as a purchaser of vocal tracks is with the licensor or seller of the vocal tracks, not with Vokler.

When you purchase vocal tracks, you are bound by the license terms and limitations set forth by the respective vocalist. These terms will be presented to you prior to completing the purchase of a vocal track. If you do not agree to these license terms, you must not purchase the vocal track. Any use of the vocal track by a purchaser that goes beyond the vocalist's license terms may constitute a breach of contract and intellectual property rights, for which you will be held liable.

While Vokler provides a platform for you as a buyer to purchase or obtain licenses for vocals, all sales and licenses of vocals are between the seller and buyer. You agree that any claims arising from a sale, license, or purchase of a vocal will be brought solely against the seller, and not against Vokler.

Refunds

Vokler is not responsible for any refunds for licensing or sales purchases. Vocalists use Vokler to sell their vocals, but Vokler is not the seller or owner of the vocals on our platform. Therefore, if you require a refund, please contact the vocalist directly, as the money is paid directly to them, and only they have the authority to issue a refund.

Vokler does not guarantee satisfaction with any vocal tracks offered by vocalists, and refunds are solely at the discretion of the seller. In cases where a seller has breached their "Seller Obligations" (as stated above) specifically related to the vocal track purchased, Vokler will take steps to refund a payment to you as a purchaser if we are notified of the breach within 48 hours of purchase. However, please note that we cannot guarantee a refund, as ultimately the files and payments are with the seller.

Links to Third Party Sites/Third Party Services

vokler.com may contain links to other websites, referred to as "Linked Sites." These Linked Sites are not under the control of Vokler, and Vokler is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. Vokler provides these links for your convenience only, and the inclusion of any link does not imply endorsement by Vokler of the site or any association with its operators.

Certain services available on Vokler.com may be provided by third-party sites and organizations. By using any product, service, or functionality that originates from the Vokler.com domain, you acknowledge and consent that Vokler may share information and data with any third party with whom Vokler has a contractual relationship to provide the requested product, service, or functionality on behalf of Vokler.com users and customers.

Use of Communication Services

The Site provides messaging functionality and other communication facilities, collectively referred to as "Communication Services," that allow you to communicate with other users. You agree to use the Communication Services in a manner that is proper and related to the particular Communication Service.

For example, you agree not to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others when using a Communication Service. You also agree not to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

While Vokler is not obligated to monitor the Communication Services, it reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. Vokler may also terminate your access to any or all of the Communication Services at any time without notice for any reason.

Vokler also reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

Please exercise caution when sharing personally identifying information about yourself or your children in any Communication Service. Vokler does not control or endorse the content, messages, or information found in any Communication Service, and therefore disclaims any liability with regard to the Communication Services and any actions resulting from your participation in them. Managers and hosts are not authorized Vokler spokespersons, and their views do not necessarily reflect those of Vokler.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy

International Users

Vokler controls, operates, and administers the Service from its offices within the USA. If you access the Service from a location outside the USA, you are solely responsible for complying with all local laws. You agree not to use the Vokler Content accessed through Vokler.com in any country or in any manner that is prohibited by any applicable laws, restrictions, or regulations.

Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.

Terminiation

The obligations and liabilities of the parties that arose before the termination date will continue to be in effect even after the termination of this agreement.

These Terms of Service will remain in effect until terminated by either you or us. You can terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by ceasing to use our site. If you are a vocalist on the site, you can delete your account via the Manage Subscription link in Vokler dashboard.

We reserve the right to terminate this agreement at any time without notice if, in our sole judgment, you fail to comply with any term or provision of these Terms of Service or if we suspect such failure. In such case, you will remain liable for any outstanding amounts up to the date of termination, and we may deny you access to our Services or any part thereof accordingly.

Entire Agreement

The fact that we do not exercise or enforce any right or provision of these Terms of Service does not mean that we waive such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them.

Governing Law

The Terms of Service, as well as any separate agreements for the provision of Services, shall be governed by and interpreted in accordance with the laws of Washington (WA), United States.

Contact Information

If you have any questions or inquiries about the Terms of Service, please contact us at info@vokler.com