PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE PLATFORM

What's in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our platform at vocalista.com ("Platform"), make contact with other users on our Platform, or use our Platform in any other way.

Who we are and how to contact us

The Platform is operated by Vocalista Limited ("We"). We are registered in Scotland under company number SC679790, our registered office is at Vocalista, Isle of Skye, United Kingdom.

To contact us, please email hello@vocalista.com.

By using our Platform you accept these terms

By using our Platform, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our Platform.

We recommend that you save a copy of these terms for future reference.

Accessing our Platform

We reserve the right to withdraw or amend any service we provide on our Platform without notice (see below). We will not be liable if for any reason our Platform is unavailable at any time or for any period. Please see our Terms and Conditions regarding your rights to terminate the contract between us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

You are responsible for making all arrangements necessary to access our Platform. 

You should always take appropriate expert advice before acting on any recommendation or advice provided by any of our other users and/or third parties.

Intellectual property rights

Other than in relation to content you may create or upload to our Platform, we are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

Any content you create or upload to our Platform will not be treated as confidential. When you generate content on our Platform or upload material to our Platform you provide:

·       Us with right to use your content for the provision of the Platform

·       Other users of the Platform with a right to use your content for non-commercial purposes (including use of the Platform)

Any commercial use of your content must be agreed between you and the user wishing to licence your content for such purpose. We shall have no liability to you if another user breaches the terms of the limited licence above.

Other than in relation to content you may create or upload to our Platform, the following conditions apply:

·       Our status (and that of any identified contributors) as the authors of material on our Platform must always be acknowledged.

·       You must not use any part of the materials on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

·       If you breach of these terms, your right to use our Platform will cease immediately.

Our Platform changes regularly

We aim to update our Platform regularly, and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.

There are other terms that may apply to you

Our Privacy Notice and Terms and Conditions also apply to your use of our Platform.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our Platform only for lawful purposes.  You may not use our Platform:

·       In any way that breaches any applicable local, national or international law or regulation.

·       In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

·       For the purpose of harming or attempting to harm minors in any way.

·       To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.

·       To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

·       To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·       Not to reproduce, duplicate, copy or re-sell any part of our Platform except in accordance with these terms.

·       Not to access without authority, interfere with, damage or disrupt:

·       any part of our Platform;

·       any equipment or network on which our Platform is stored;

·       any software used in the provision of our Platform; or

·       any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Platform, including, without limitation:

·       User-to-user messaging

·       Ability to comment on posted content

·       Ability to support (follow) other users of the Platform

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting us, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Platform ("Contribution"), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the content standards.

A Contribution must:

·       Be accurate (where it states facts).

·       Be genuinely held (where it states opinions).

·       Comply with the law applicable in Scotland and in any country from which it is posted.

A Contribution must not:

·       Be defamatory of any person.

·       Be obscene, offensive, hateful or inflammatory.

·       Promote sexually explicit material.

·       Promote violence.

·       Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·       Infringe any copyright, database right, or trade mark of any other person or company.

·       Be likely to deceive any person.

·       Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·       Promote any illegal activity.

·       Be in contempt of court.

·       Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.

·       Be likely to harass, upset, embarrass, alarm, or annoy any other person.

·       Impersonate any person (with the intent to deceive), or misrepresent your identity or affiliation with any person.

·       Give the impression that the Contribution emanates from Vocalista Limited, if this is not the case.

·       Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

·       Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.

Please note that we provide a limited time for you to delete any Contribution. After such limited time period your Contribution will only be deleted if it is in breach of this policy.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

·       Immediate, temporary, or permanent withdrawal of your right to use our Platform.

·       Immediate, temporary, or permanent removal of any Contribution uploaded by you to our Platform.

·       Issue of a warning to you.

·       Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·       Further legal action against you.

·       Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Nothing in these terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Which country's laws apply to any disputes?

If you are using the Platform for your own personal (not business) use, please note that the terms of this policy, its subject matter, and its formation are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in the English or Welsh courts (as applicable). Where you are resident in the EU and using the Platform for your own personal (not business) use, the jurisdiction will be the courts of your country of residence.

If you are a business, the terms of this policy, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.