These Terms of Service (the “Terms”) govern your use of and access to the learnloveguitar.com software application and all associated websites, features, plug-ins, and related software, systems and networks (collectively, the “Application”). By accessing or using this Application, you are agreeing to the Terms, which constitute a legally binding contract between you and learnloveguitar.com, the owner of Application. The terms “we,” “us,” “our,” and “owner,” refer to learnloveguitar.com. The terms “you” and “your” refer to the user using or accessing the Application.
This Application is offered to you conditioned upon your acceptance without modification of the Terms set forth below. By accessing or using this Application in any manner, you agree to be bound by the Terms and represent that you have read and understood its provisions. Please read the Terms carefully, as they contain information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions, please do not access the Application.
Your use of the Application is also governed by our Privacy Policy, as amended from time to time, which is incorporated into these Terms by reference.
By using the Application, you understand we may change or otherwise modify the Terms in the future, and you understand and agree that, without prior notice, once the amended Terms are posted on the Application, your continued access or use of this Application signifies your acceptance of the updated or modified Terms.
Warranty Disclaimer. The Application is provided to you “as is” and without representations or warranties of any kind. EXCEPT AS SET FORTH IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, learnloveguitar.com DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION.
THE APPLICATION PROVIDED BY learnloveguitar.com OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE MATERIALS ACCESSED VIA THE APPLICATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
learnloveguitar.com RESERVES THE RIGHT TO ALTER OR REMOVE APPLICATION CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND learnloveguitar.com WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
learnloveguitar.com DOES NOT WARRANT THAT THE APPLICATION WILL BE AVAILABLE AT ALL TIMES, NOR THAT THERE WILL NEVER BE SERVICE INTERRUPTIONS. THE APPLICATION MAY BE TAKEN DOWN OR OTHERWISE UNAVAILABLE AT ANY TIME, WHETHER FOR ROUTINE MAINTENANCE, OR AS THE RESULT OF TECHNICAL ISSUES, OR OTHER REASONS. learnloveguitar.com WILL USE REASONABLE EFFORTS TO COMMUNICATE ANY SCHEDULED DOWNTIMES AND TO RESTORE SERVICE AFTER UNPLANNED SERVICE INTERRUPTIONS.
PLEASE NOTE THAT THIS APPLICATION MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, learnloveguitar.com DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS APPLICATION IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, learnloveguitar.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMAT ON OR ANY SITES LINKED TO THIS APPLICATION.
learnloveguitar.com is not affiliated with any guitar manufacturer or dealer. learnloveguitar.com is not responsible for any effect the Application may have on your guitar’s performance, resale value or warranty.
Anti-SPAM
The owner of this Application does not authorize the harvesting, mining or collection of information from or through the Application or its services. It is prohibited to contact any member for any commercial reason without express written consent from learnloveguitar.com.
The owner of this Application does not permit or authorize others to use its services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses. The owner of this Application does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any the owner service.
If the owner of this Application believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The operator of this Application may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any message that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send messages to, or through, this Application and/or services. Failure to enforce this policy in every instance does not amount to a waiver of rights of the owner of this Application.
Unauthorized use of this Application services in connection with the transmission of unsolicited messages, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
User Content
By posting content on the Application you warrant that you are the creator and owner of the posted content, or that you have obtained prior written consent to post said content from a third party owner. When posting content originating from any third party, you agree to conspicuously post the name of said third party adjacent to said posted content. By posting content on the Application, you also grant, and warrant that you have the authority to grant, learnloveguitar.com a limited license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Application.
If we learn of harmful content or conduct, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
To provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving the Application and Services.
When you share, post, or upload content that is covered by intellectual property rights on or in connection with our Application, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
We have no obligation to review, monitor, delete, or edit the Services, including user Content. You acknowledge and agree that we have the right to do so at any time in our sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content.
DMCA
We take copyright violations very seriously and will vigorously protect the rights of legal copyright owners.
If you are the copyright owner of content which appears on our Application, and you did not authorize the use of the content, you must notify us in writing in order for us to identify the allegedly infringing content and take action.
We will be unable to take any action if you do not provide us with the required information, so if you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Prohibited Activities
The content and information on this Application (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Application.
Violators of prohibited activities may be subject to “cease and desist” orders or penalties of up to $25,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
General Legal Terms
Account Management. You will be required to establish an account in order to use the Application and/or take advantage of certain features. You agree to provide accurate and complete information about yourself. Your account is meant to be personal (i.e., one per family) and you shall not share accounts for any reason. Your account is not to be used for commercial purposes.
Notices. learnloveguitar.commay provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Application.
Assignment. learnloveguitar.com may assign any part of this agreement without your written consent. Except as otherwise provided herein, you may not assign any of your rights under these Terms to any third party without the express written consent of learnloveguitar.com. Any attempted assignment in violation of the foregoing will be void and of no effect. Subject to the above, these Terms will be binding upon and inure to the benefit of your permitted successors and assigns. HOWEVER, learnloveguitar.com HAS NO OBLIGATIONS OR LIABILITY TO ANY SUCH NEW OWNER, AND YOU WILL INDEMNIFY AND HOLD learnloveguitar.com HARMLESS FOR ANY SUCH CLAIMS, EXPENSES OR DAMAGES.
Application Features. learnloveguitar.com reserves the right at any time in our sole discretion to modify or discontinue the Application, modify or discontinue any information or other content or features of the Application, or terminate your Password and Account and your use of the Application, for any reason or no reason.
Third Party Links and Services. Additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions, including, without limitation, a payment processor. Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable you to conduct such business and complete the transactions. These additional terms may include: HERE Service Terms, HERE Service Terms for Business, and HERE Privacy Policy. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Advertisements. If any advertisement for a product or service provided by anyone other than learnloveguitar.com appears on the Application, learnloveguitar.com does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and 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.
No Waiver. learnloveguitar.comwill not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if learnloveguitar.com expressly states in a writing signed by an authorized representative that learnloveguitar.com is waiving a specified Term.
Entire Agreement. These terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
Severability. If any term (or part of a term) of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.
Governing Law. The validity, interpretation and enforceability of these Terms shall be governed by the exclusive jurisdiction and laws of the State of Texas without regard to any conflicts of law principles. Any dispute relating to these Terms or the Application will be resolved solely by courts of competent subject matter jurisdiction located in Dallas County, Texas, and you hereby agree to the personal jurisdiction of such courts.
Relationship. These Terms do not create any joint venture, partnership or other fiduciary relationship between the parties.
EXPORT CONTROL. Any tools, information, documents, or other data or materials (collectively, “Materials”) available from or through the use of the Application are or may be subject to United States export controls. No such Materials may be downloaded, accessed or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods or other sanctions; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or other similar list (each, a “Restricted List”). By using or downloading any Materials, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.