Vinyl Care

VC4

Below you will find a brief guide to Vinyl Record & Stylus Care.

Please visit our dedicated section of our shop for our current range of cleaning & care products HERE

Storing Records

So when you’re not playing them, where is your vinyl going to live? And what are the best ways to store them? Ideally, you’ll want to keep them in a clean dry place, avoiding extreme temperatures and humidity (so not in the bathroom or sauna if that’s what you were thinking…) What you’re doing is trying to avoid warping the record. Warping is when the record bends out of shape which often leads to unplayable vinyl. There are methods of unwarping but prevention is the best cure, so keep them away from direct sunlight and high heat.

Another way your records can warp is by stacking them, so NEVER store them horizontally. Compared to other formats vinyl are pretty heavy, so the weight and pressure will eventually warp them over time. The more vertical the record stands the better. While on the subject of weight, you’ll want to make sure whatever they’re standing on is sturdy. An average 12” can weigh between 140 and 220 grams so bear that in mind as your collection grows. There’s plenty of specialist units and storage racks you can get for vinyl too.

Handling Vinyl

So, we’re stating the obvious here, but seriously, be nice to your vinyl. Always handle them at the edges or by the inner label at the centre. Much like how it’s sacrilege to touch the data side of the CD the same applies to vinyl. When you touch the playing surface, you’ll transfer oils from your skin into the grooves, which dust will stick to and affect the sound quality. You’re also running the risk of scratching the grooves with your fingernails.

Inner Sleeves

You don’t want your vinyl rattling around inside the jacket. There are a few different types of inner sleeves made from different materials available:

  • Paper – The most basic and cheapest option is to use paper inner sleeves and are commonly included with the vinyl when you first buy it. However, these sheets can scratch records as you slide them in and out as well as create paper dust. Plus, with them being paper, they rip and deteriorate much easier and much quicker. Hardcore collectors will also note that some of these paper sleeves come with pressing dates, record company logos and other interesting quirks, so double check before you bin them. We don’t recommend paper sleeves over any other types but it’s better than no protection at all.
  • Poly – Poly sleeves (or polypropylene) are more durable than the paper sleeves previously mentioned but are also more expensive, but if you’re serious about collecting you might want to invest in these. It eliminates the issues of dust and scratchy paper damages when taking it in and out of the sleeve. It’s also much easier to remove and insert it into the album jacket. Some also have rounded corners making life even easier.
  • Paper with poly lining – As you can probably guess, a mixture of the above. The outside paper makes the sleeve much more rigid whilst the poly lining inside lets the vinyl slip in much smoother with a lower risk of scratching and collecting dust.

Cleaning Records

Again, hours of Googling can be had here and you might find some weird and wonderful suggestions too (if you’re brave enough to try the dishwasher or toothpaste suggestions we found, we salute you). But to begin with here's a few simple tips:

  • Dry Cleaning – Use a carbon fibre brush to clean your vinyl before and after every play. Brush lightly along the grooves and this will help prevent the build-up of dust and other dirt. The carbon strands (on the outer surface of the cleaner) reduce the static charge on the vinyl (which attracts dust) and the inner part (usually a cloth material) then collects the dust on the second wipe after the static is reduced. Remember to regularly clean the brush too. This should be a regular practice in your listening sessions.
  • Wet Cleaning – Highly recommended when you want to give your records a deep clean. A mixture of record cleaning fluid and water (distilled, not tap!) works well. Clean with a micro-fibre cloth and dry with a separate micro-fibre cloth.
  • Cleaning Machines – Once you have a big collection, cleaning records by hand might be a lot of effort. There are vacuum cleaning machines that automatically apply a cleaning solution and then vacuum the liquid off again. There are also spin cleaners that clean the record with the solution as it spins with the brushes cleaning off the dirt. Although effective, they can be expensive.
  • Wood Glue – Yep you’ve read that correctly, using wood glue is an age-old secret to pristine vinyl. As it’s chemically very similar to the material of a record it won’t stick to it, but it will stick to everything else clogging it up. Spread on the glue, wait for it to dry and peel away. Try this out on an old vinyl first before applying to your entire collection.

Stylus Care

The threats to your records are numerous and each can affect your discs in different ways: from impairing the clarity of the audio to skipping and even, in a worst-case scenario, rendering them unplayable.

But before we focus on the threats to your records themselves, we should highlight the importance of looking after your player, and more specifically, your stylus.

The stylus is the part of the player that runs through the groove, generating the electrical signal that results in your audio – therefore, it’s fundamental that you don’t allow your stylus to become caked in dust, grime or, well, anything really.

It’s often best practice to give your stylus a clean with a dedicated solution and fine brush regularly, if not after each play.

There are many different types of stylus cleaner around which you can pick up affordably, they’re worth their weight in gold.

Be sure to always run your brush over the stylus in the same direction that the record spins.

Be liberal with your application of the liquid but remember to clean and brush your stylus regularly. Also, check (as much as you can) that there isn’t anything nasty affixed to it.

Eventually, no matter how frequently you clean it, your stylus will naturally start to wear and need replacing. We’d recommend you purchase a brand-new cartridge after around two -to-three years of regular playing.

Replacing the cartridge also combats the possibility of the suspension stiffening, which tends to happen with poorer quality cartridges after around four years. Bear in mind that even if your needle is spotlessly clean, a cartridge with degraded suspension can damage your collection. So, to reiterate – get your cartridge changed after a couple of years.

FAQ's

Phoenix Vinyl FAQ's

How do I get my tracks to you?

You can do this in a number of ways, the easiest way is to send them via WeTransfer, add our email address (This email address is being protected from spambots. You need JavaScript enabled to view it.) in the “to” box and your email in the “from” box, in the notes please include the ideal track sequence, although this may not always be possible due to time / volume constraints.   

What about copyright?

With a change in the law a few years ago if you have bought a selection of songs, then you can transfer them to any format you like be it CD, vinyl, MP3 or whatever - this is called 'fair use' and is legal, however streaming services such as “spotify” does not qualify for this and should not be used as the audio has not been purchased. audio can be purchased on request specifically for the client, the cost for this would be included in the final invoice.

If you want more than one copy of a song (that you don't own copyright to) then I have to pay the PRS (Performing Rights Society) so the artist gets paid. This is only £1 or so per track, so this is added to the price of the vinyl cut.

If the content is fully owned by you, and you require multiple copies for commercial release, then your order can be processed immediately by accepting the interim Declaration for Release when you complete your order. For information, PRS guidelines stipulate you should also make an application for a ‘License of No Claim’.

(see guidance to UK copyright law here).

What format would you prefer audio in? 

In simple terms, the highest quality possible, preferably 16bit/44.1Khz WAV or AIFF or FLAC as a minimum. If you only have it in a compressed format (MP3 AAC etc.) then when you send it to us, we will email you back with the anticipated quality review before cutting.

Are there any other format’s you accept?

Yes, the studio is geared up to accept Vinyl Records, CD audio, USB sticks, DAT Tapes and Cassette tapes, in addition to this we will be adding Minidisc and Reel to Reel in due course, please email us before sending any physical media.

It is my own music, how should it be mastered? 

If the music is your own you probably have the original master and can re-master it. mixing for vinyl is different from digital releases, there are many articles and links as to what you should do, but for the basics please follow these rules:

Excessive variants in levels can cause issues so compress the tracks a bit to keep the levels a bit more consistent.

Don't pan too much especially the bass instruments, keep these in the middle - Kick Drum, bass guitar etc. the cutting stylus can't cope with large movements - if I think it's too much I'll ask you to re-master it, or I can make adjustments for you if required.

'harsh' instruments that start to produce square sound waves, such as  rasping saxophone's  can also cause some issues so please try and reduce these.

De-Ess the vocals, and reduce the level of high hats etc.  vinyl accentuates these frequencies - again we will listen to your track before cutting and advise any adjustments required.

Signal / frequency restraints should also be noted, there are limitations when cutting Vinyl that are not normally an issue when using digital media, bass frequencies below 20 Hz provide playback issues and should be avoided, there is a full interesting and detailed article available HERE

What are blank Vinyl discs made from?

Unlike traditional ‘dub-plates’ that are made with soft acetate, and will deteriorate significantly within a very short time, Phoenix Vinyl only uses harder professional grade polycarbonate, (1.5mm or 2mm). This ensures that, like pressed vinyl, the final product is far more durable and retains its original playback quality over time.

Can your records be used for scratching?

Yes, they are very durable and hardwearing.

What are the maximum recording times?

12" (per side)
33rpm: 20 Minutes
45rpm: 11 Minutes

10" (per side)
33rpm: 15 Minutes
45rpm: 8 Minutes

7" (per side)
45rpm: 4 Minutes

How long will it take to process my order?

We strive to meet our delivery targets at all times, however, any timings given are estimates. This service can be very busy and at times of exceptional demand there may be further delays in the processing time. In the case of any unreasonable delay we’ll email you with updates on progress, Priority orders are available as a small cost, and in the case of Priority orders not being met, we’ll refund the Priority order charge.

What are your postage charges?

Standard Royal Mail first class post for single items, for batches or multiple orders clients can use a prefered carrier if required.

I’ve received my Vinyl but unfortunately I have a problem.

We always try hard to ensure every aspect of your order goes according to plan. However, in order to keep our costs to the customer as low as possible, we are unable to monitor and review 100% of every order. Due to the complex and delicate nature of vinyl cutting a flawed cut can occasionally occur. We are pleased to say, this rarely occurs in most of our orders, however, in the unlikely event that something does go wrong with a single product, Phoenix Vinyl offers the options to either rectify the issue, or alternatively we will provide a full refund.

 

 

The Limitation's of Vinyl Records

THE following was written to aid engineers and producers who wish to release vinyl records. It is especially important for those who may be well versed in recording, but have not released vinyl records before. The paper is mainly about “pop” music , but the principles apply to all others. It was written to explain a complicated transformation in as simple terms as possible. To some it may seem very technical, to technical types it will seem simplistic. It was written for the “middle ground”.

PRODUCING GREAT SOUNDING PHONOGRAPH RECORDS
(or Why Records Don’t Always Sound Like the Master Tape)

BY: KEVIN GRAY

The phonograph record is a marvelous medium for storing and reproducing sound. With frequency response from 7 Hz to 25kHz and over 75 dB dynamic range possible, it is capable of startling realism. Its ability to convey a sense of space, that is width and depth of sound stage, with a degree of openness and airiness, is unrivaled by anything but the most esoteric digital systems.

That having been said, it is important to understand the limitations of this medium in order to make great sounding records. The first limitation is recording time and level (volume). The amount of time possible on a record side is entirely dependent on the cutting level (volume) and the amount of low frequency information (bass). Bass uses more space than treble.

The record groove is an analog of a sound wave. Try to picture looking down on a narrow river or stream. The left bank is the left channel and the right bank is the right channel. Your turntable’s stylus is a wide round raft that is going to travel that river. For simplicity, imagine that the banks stay parallel, (left and right the same) which means the sound is monaural. The louder the sound and or the heavier the bass, the wider the whole river (and your boat) wiggles side to side. The higher the pitch (frequency), the closer together the wiggles get. In other words the sharper the twists and turns, the higher the pitch. Obviously, everything from bass to treble is happening at once, so the gently sweeping wide curves (bass guitar and bass drum) have smaller, more jagged wiggles (vocals, guitars, keyboards, cymbals, percussion etc.), superimposed on them. It should be mentioned here that if the bass information is too loud, your raft gets thrown over the embankment (skips). So now you should be able to see that the louder the music is cut, the wider the groove wiggles, and the less time can fit on the side. Or looking at it the other way around, the longer the side, the less room for wiggles (volume and bass).

Next limitation: treble. You can put as much treble on a DAT or CD as you want. Unfortunately this is not true on a record (or analog tape for that matter). Although 25kHz response is possible, excessive transients are a problem. There are several reasons for this. It was decided with the advent of the first electrical transcription phonograph record, to reduce bass and boost treble in the cutting of the master record. This reduces bass wiggles and makes treble louder. And we aren’t talking about a little bit of cut and boost here, we’re talking about a 40 dB change from bottom to top! Without the bass cut, you’d only have about 5 minutes on your LP side. Without the treble boost, you would hear mostly surface noise. You don’t have to worry about this drastic cut and boost sounding funny, because the phono preamplifier in your amplifier or receiver has an inverse curve which boosts the bass and reduces the treble by the same amounts used in cutting, so the whole process comes out linear. This was standardized worldwide in 1953 and is called the RIAA record and reproduce curves.

I said you don’t have to worry about the RIAA curve, but the cutting engineer sure does! Power amplifiers (100 to 400 plus watts) are used to drive the tiny coils (one for each channel) in the cutting head. They’re like miniature speakers which instead of just moving air, push the stylus that etches the groove in your record. With 20 dB of treble boost, you can only imagine the beating that the cutting head takes from cymbal crashes and the like. The coils are helium cooled but still can reach 200 degrees Centigrade. A circuit breaker is used to prevent catastrophic destruction. This doesn’t all add up to the limitation it seems, because it is still possible to cut levels higher than can be played back.

Let’s take a look at cymbals and vocal sibilance (those loud ‘S’ sounds). “Why”, do you ask, “Do they sound OK on the tape but sometimes so awful on the record?” The answer is twofold. First, the problem is aggravated by the high frequency boost we just discussed. Further excessive boost in your mix makes it that much worse. Unlike a cymbal crash in which the impulse is short (the actual hit of the stick on the cymbal), the duration of an ‘S’ is considerably longer, so it is even more pronounced. And second, the worst part: Remember the river? Suppose the river’s twists and turns are actually tighter than your raft? Ever watch a raft attempting rapids? Well, that is exactly what your stylus is doing when it hits a loud cymbal crash or a loud ‘S’ in the record groove. At the instant that the curvature of the groove is tighter than the tip radius of your stylus (raft), it goes over instead of through ‘the rapids’, and you have 100 percent distortion. The higher the frequency and or level, the greater the curvature and distortion.
The cutting engineer can usually tell if treble peaks are going to ‘break up’ on playback, by the amount of current drawn by the cutting amplifier. This is measured by current meters on the amplifiers. If the current is excessive, the only way to prevent this is to use a very fast-attack treble limiter to reduce the intensity, and therefore, the groove curvature.

While we’re on the curvature subject, it is necessary to explain one more thing. Ever wonder why outside diameter cuts on a record sound clearer and cleaner than inside ones? Unfortunately it’s a fact. Why? The answer is geometry, curvature again. One turntable revolution at 33 1/3 rpm on an LP takes 1.8 seconds. That 1.8 seconds is spread over a circumference of 36 inches on the outside of the record. At the minimum allowable inside diameter that same 1.8 second revolution would only cover 14.9 inches. You can see from this, that a gentle wiggle spread over 36 inches would get quite ‘scrunched’ over 14.9 inches. A jagged groove at 36 inches would get really scrunched at 14.9 inches (remember the rapids). Excessive treble can even cause the cutting stylus to accelerate so fast that its back edge wipes out what the front edge just cut! It’s unfortunate, but treble rolls off, and distortion goes up as you approach the center of the record. It is quite gradual, but if you compare the source recording to the disc, this actually starts to become noticeable after the second cut or so. Any attempt to compensate for this by boosting the treble, only makes the problem worse (greater curvature remember).

I’ll discuss stereo very briefly. If the sides of the river don’t stay parallel, it’s stereo. In other words, any difference between the two channels causes the stylus to move up and down in addition to sideways. As the stylus digs deeper, it is using more precious disc space. The moral for engineers is: If you are looking for hot levels or long sides, don’t pan instruments like drums and percussion hard left and right. Keep the bass and bass drum in the center, and keep everything in phase. An out of phase snare or bass drum can wreak havoc. Use an oscilloscope if possible!

All else being equal (bass, volume and depth of cut), by allowing the end of the record to finish farther out from the label, instead of spreading the grooves farther apart to fill all the space, will actually make the record sound better. However, I understand the concept of making the record look ‘full’.

So much for the primer on record cutting. Now let me give you some additional tips on making your record sound great. First, keep it as short as possible. I know this isn’t always possible, but particularly if hot levels are important, keep it short! How short? As a general rule an LP should be under 20 minutes and 24 minutes maximum. 16 to 18 minutes is ideal. Also, try to balance the side times, preferably within one minute. If one side has to be longer, put more of the quiet material on that side. This will insure even levels. If the sides are long, remember that the more bass, the lower the cutting level (volume). It is possible to squeeze 30 minutes on a side but the level will be so low you’ll have to crank it just to hear it, and you will hear the surface noise!

A hot club record should be under 12 minutes, 8 to 10 minutes is ideal. Some of the top club DJs tell me they won’t even play records that are over 12 minutes long because they know the levels will be low and don’t want to adjust gain.

Watch excessive treble boost in the 8 to 16 kHz range in mixing, you won’t get it back on your record. You can’t break the laws of physics, sorry. A good idea is to check your mix against a record you like with lots of cymbals. If you hear a lot more sizzle on your tape, chances are it won’t make it to the record. Particularly watch those ‘S’s. Use a de’esser on vocals. I don’t do endorsements, but dbx makes a great one. This will give you more overall treble because in cutting your record, the treble limiter won’t be chomping on your cymbals too.

Put your hottest, brightest most dynamic mixes on the beginning of the disc and they’ll stay that way. If possible keep the quieter material on the inside tracks.

A word about comparing DATs and CDs to a record; digital levels do not bear any relationship to analog levels. We’re talking apples and oranges here. The analog output level of a CD player or DAT deck can be anything the manufacturer wants it to be, but it is generally higher than a phono preamp output. There are two reasons for this. First the digital equipment manufacturers want CDs and DATs to sound better (translate Louder) than records. If the DAT or CD is fairly wide dynamic range, a record can be as loud. HOWEVER, there has been a trend in the last few years to compress digital tapes almost to the point of the level display not moving from the beginning to the end of the song (second reason). This started with rap, filtered through to dance and club mixes, and finally to most new commercial pop releases. The result is that what used to be the peak level is now the average level and we’re talking 6 to 8 dB louder than is physically possible to put on a phonograph record (or analog tape). Remember that the groove can only move so far before the playback stylus mistracks or skips, and magnetic tape can only be driven so hard before it saturates. At any level, a digital recorder is only printing ones and zeroes. There is no digital counterpart. The bottom line is that a really compressed CD or DAT is going to be 6 to 8 dB louder than your record. This is not a defect, it’s a FACT OF LIFE. I prefer to think of the digital compression as a defect and a scourge to anyone who appreciates dynamic range, but now I’m editorializing.

If the levels are not matched in one of these comparisons, the compressed digital source (6 to 8 dB louder) will sound like it’s got more of everything. I’ve heard the record described as sounding like it’s under water. If the levels are matched, suddenly they sound almost identical. If you are trying to accurately compare a record with a digital source, use a mixer or preamp to raise the level of the record or lower the level of the DAT until they sound very similar and then compare.

While I’m getting things off my chest, how about making the cutting engineer’s job easier. Analog tapes are easily timed when rewinding, and have visual clues such as leaders and splices. DATs and CDRs do not. When supplying DAT tapes or CDRs for record mastering, always provide three things, please! One: Start IDs for each song, not just each side, sometimes it’s hard to tell where one song ends and another starts. Also, they’re handy for checking each song. Two: Note accurate timings for each song AND total side time including pauses. This is particularly important if your DAT deck doesn’t print absolute time on the tape. So much time is wasted by the cutting engineer having to figure out times and it’s imperative to know before cutting. Three: Any level or EQ (tonal) changes you want made. One thing to be aware of is that just because all the songs peak at zero doesn’t mean they will all be at the same apparent volume. This is also true with analog tapes, but to a much lesser degree (remember the digital level tutorial). This is where good old VU meters (with 6 dB pads) come in handy when you are assembling your DAT or CDR.

I hope you find these tips and suggestions helpful, and apply them. You may have guessed from this, that records were not originally intended to store the kind of energy today’s music contains. It’s true, but if you mix with the limitations in mind, it will make a huge difference in the final product. It’s unfortunate, but the approximately 10 year lull in the production of phonograph records, from the mid 80s to mid 90s, caused a lot of engineers to forget these limitations. In the meantime, a whole new generation of engineers has come along who never dealt with record production before. This is for you! Make some great sounding vinyl!

——————-
Kevin Gray

At the age of eighteen, Kevin Gray was the youngest mastering engineer in the country when he started cutting records at Artisan Sound Recorders in Hollywood. That was in 1972. Over the next five years, he cut hit after hit for artists as diverse as: America, Paul Anka, The Beach Boys, Debbie Boone, Donald Byrd, Mac Davis, ELO, The Grateful Dead, Freddie Hubbard, Billy Joel, L.T.D., Manassas, The Osmonds, Kenny Rankin, and Redbone.

In 1977, he and his friend Bob Van der Veen produced, and Kevin mastered, a direct-to-disc recording for jazz pianist Victor Feldman, which they released on their own label, Cohearent Sound.

In 1980, he and his business partner, Doug Sheppard, opened their own mastering facility, The Cutting System, Inc. All electronics were discrete class A, and were designed and built from scratch by the duo. Projects were mastered for Bob Welch, Jay Ferguson, Pages, and many more.

In 1982, he was called upon again to master another direct-to-disc recording for Victor Feldman, this time for Nautilus Recordings.

With the compact disc looming on the horizon, Kevin decided to take a position with MCA Records, heading their mastering department. In his stay there, he mastered records for The Fixx, Musical Youth, Red Rider, Night Ranger, The Who, and many others.

From 1984 to 1989, he mastered at LRS in Burbank, working mostly on syndicated radio shows for personalities such as Casey Kasem, Dick Clark, and Rick Dees. He also mastered records for The Beach Boys, Stephanie, Rod Stewart, and Celebration. In 1989, he helped LRS launch into CD mastering. His old friend from MCA days, reissue guru Steve Hoffman, brought DCC Compact Classics mastering to him and over the next six years they mastered reissues (for CD and vinyl) for everybody from The Doors, Creedence Clearwater Revival, and Cream, to Elton John, Miles Davis, and Lightnin’ Hopkins.

In 1995, Kevin moved to Future Disc Systems in Hollywood (who incidentally purchased his custom mastering system). In 1996, Kevin was responsible for the mastering of the MCA Heavy Vinyl Series – The Who, Buddy Holly, Dave Mason, Buddy Guy, and the Out of Africa soundtrack. He and Steve Hoffman continued to work on new DCC releases such as Bonnie Raitt, Jethro Tull, and Jefferson Starship. He also mastered other new (digital and analog) major label projects for Wang Chung, Paula Cole, Depeche Mode, Gina G, and Erasure. He cut the Grammy winning Dance Record of the Year in 1998 (Madonna) and 1999 (Cher).

In his thirty year career, Kevin has mastered music for every major label in every genre, including pop, rock, jazz, classical, punk, heavy metal, new age, gothic, world ethnic, disco, dance, soul, blues, and rap. He has to his credit more than a hundred top ten and Grammy award winning records, and dozens of RIAA certified gold and platinum albums and singles.

He began working part-time at AcousTech Mastering in 1997. He completely rebuilt and re-equipped the mastering room in 2001 and continues to upgrade and improve equipment constantly.

Prices

Price List

7" single up to 5 Minutes Per Side,  £18.00  plus postage (45 RPM ONLY)

10" Picture Disc (Single sided) 10 Minutes recording time, £35.00 (33 RPM)

10" Picture Disc (Double sided) 2x Pictures (one on each side) 10 Minutes per side £45.00 (33 RPM)

10'" EP  from 6 to 10 Minutes Per Side,  £29.00 plus postage (45 & 33 RPM)

12" single 10 to 20 Minutes Per Side £35.00  plus postage (45 & 33 RPM)

12" Album 15 to 20 Minutes Per Side max £48.00 plus postage (33 RPM ONLY)

All except picture disc's are supplied on 2.0mm (180g) Vinyl with white label or Phoenix Vinyl labels and sleeve included.

Upgrade your Vinyl colour to 2.0mm (180g) Red, Blue, Green or White Vinyl for £10.00 extra!

Special Shaped Vinyl available, currently in stock are our heart shaped picture discs, £40.00 around 5 Minutes recording time (Single sided)

Postage to the UK is standard £5.00 for 1st class for one off orders (£3.70 postage and strong card mailer)

Mutliple copies qualify for a discount, please Contact Us for details.

Gift vouchers are available on request, Discount codes are sometines listed on our social media pages.

Payment's can be made via "paypal" or Bank Transfer at time of ordering.

 

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Last updated February 05, 2020

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You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in UK Pounds.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

 

1.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

2.  Use a buying agent or purchasing agent to make purchases on the Site.

3.  Use the Site to advertise or offer to sell goods and services.

4.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

5.  Engage in unauthorized framing of or linking to the Site.

6.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

7.  Sell or otherwise transfer your profile.

8.  Attempt to impersonate another user or person or use the username of another user.

9.  Use the Site in a manner inconsistent with any applicable laws or regulations.

10.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

11.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

12.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

13.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

14.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

15.  Delete the copyright or other proprietary rights notice from any Content.

16.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

17.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

18.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

19.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

20.  Use any information obtained from the Site in order to harass, abuse, or harm another person.

21.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

22.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

23.  Make improper use of our support services or submit false reports of abuse or misconduct.

24.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.    

USER GENERATED CONTRIBUTIONS    

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE  

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.   

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.  

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.   

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS  

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE    

Use License   

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.     

Apple and Android Devices   

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.phoenixvinyl.co.uk/index.php/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a solicitor.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Phoenix Vinyl and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Blackpool, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

Phoenix Vinyl

4 Torquay Avenue

Blackpool, Lancashire

FY3 9SJ

United Kingdom

Phone: 01253 761490

Contact Us