Guitar.com User Agreement
(Terms of Service - TOS)
This User Agreement describes the terms and conditions on which Guitar.com LLC (“Guitar” or “Guitar.com”) offers information and services under the domain and subdomains of guitar.com. By accessing our site or using our services, you automatically agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.
- Membership Eligibility
This website is not intended to be used by children under the age of thirteen (13). Membership in Guitar.com is personal and may not be sold or otherwise transferred to another party.
- 2. House Rules
Guitar.com developed the following rules to promote the free-flowing exchange of ideas about your interests, activities and hobbies, while maintaining standards consistent with the Internet community.
You must refrain from engaging in any of the following activities in connection with your use of your Guitar account or this website:
a) Displaying material that is pornographic, obscene, nude, graphically violent, or otherwise inappropriate.
b) Displaying defamatory, libelous, hateful, pornographic, profane or obscene language.
c) Providing material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, or hatred.
d) Creating offensive or indecent member names, screen names, or handles.
e) Harassing another member online.
f) Solicitation of gambling.
g) Disrupting the flow of a discussion by repeatedly posting the same message or image (flooding), or by posting excessively large images.
h) Impersonating others, including but not limited to, a Guitar employee, representative or host.
i) Displaying material that exploits children under 18 years of age.
j) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This includes, but is not limited to, the following activities: providing instructions on how to assemble bombs, grenades or other weapons; disseminating personal information about another individual for malevolent purposes; providing computer software viruses or software designed to create a virus; providing satellite TV cracks; providing programs to create a denial of service attack against another individual or ISP; facilitating the delivery of "spam" e-mail; and soliciting passwords from other members.
k) Committing acts of copyright, trademark, patent, trade secret or other intellectual property infringement. This includes, but is not limited to, the following activities: providing pirated music or tablature or links to such files; providing pirated computer programs or links to such programs (this also includes files which are solely intended for game emulation); providing information used to circumvent manufacturer-installed copy-protect devices, including but not limited to serial or registration numbers for software programs; and providing any type of cracker utility.
l) Developing home pages or session posts that consist of hyperlinks to content not allowed in Guitar.
m) Having multiple Guitar accounts that are within the same Guitar site or substantially refer to the same individual. Each Guitar account allows that particular individual access to any of the sites on the Guitar network; any individual found registering more than one account or creating false accounts to improve contest winning odds or for any other reason may be removed from the Guitar site network without prior warning.
n) Using Guitar for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.
o) Posting or disclosing any personal identifying information belonging to children. KIDS: IF YOU ARE UNDER THE AGE OF 18, FOR YOUR SAFETY, PLEASE DO NOT PUT YOUR REAL NAME, ADDRESS, PHONE NUMBER, E-MAIL ADDRESS OR OTHER PERSONAL IDENTIFYING INFORMATION IN ANY OF THE GUITAR SITES OR GIVE SUCH INFORMATION TO STRANGERS. CHILDREN UNDER 13 ARE NOT PERMITTED TO REGISTER WITH THE GUITAR SITE OR OTHERWISE ACCESS OUR SERVICES.
p) Violating Internet standards for any purpose whatsoever.
q) Engaging in commercial activities without registering as a Guitar Commercial Account. This includes, but is not limited to, the following activities: offering for sale any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner or link of any kind, including but not limited to those that are generated by banner or link exchange services, with the sole exceptions of the Internet Link Exchange; displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites; promoting, soliciting or participating in multilevel marketing or pyramid schemes.
A member or account holder is solely responsible for all activity taken under that account. If you allow anyone else to use your account or if you made your password publicly available or gave it to someone else, you recognize that you are fully responsible for:
a) online conduct of each person using your account or password;
b) controlling the users access to and use of Guitar; and
c) the consequences of any misuse.
You further recognize that you, as the holder of the account, are entirely responsible for activities conducted through your account.
Guitar may elect in its sole and absolute discretion to monitor some, all, or no areas of the Guitar network for compliance with the user agreement.
You acknowledge that by providing you with the ability to distribute your content, Guitar is acting as a passive conduit for such distribution and Guitar is not undertaking any obligation or liability relating to any content or activities.
The opinions and views expressed in any user-generated content do not reflect the opinions and views of Guitar and are not reviewed in any way before they appear in Guitar.
Guitar is not responsible for any user-generated content. We reserve the right to remove any homepages or other user-generated content that is in violation of this user agreement, or any other content standards, including, but not limited to discussion board standards. Members are legally responsible for their content and must not use copyrighted material, infringe any trademarks, services marks or logos, or post material considered indecent for minors. You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any message, information, text, data or other materials. Guitar reserves the right to remove material which is deemed in Guitar’s sole discretion unlawful, harmful, defamatory, hateful, offensive, or otherwise objectionable in violation of this user agreement or any rules or policies which Guitar has in place at the time. Guitar may also edit any material submitted by a member for the purpose of conforming the material to meet the rules of Guitar, clarifying submitted material, or any other legitimate lawful reason. Member agrees not to use Guitar for chain letters, junk mail, unsolicited bulk mail, or any type of spam.
Members are solely responsible for everything contained in their postings and interactions with the Guitar sites. Guitar does not verify, endorse or otherwise vouch for the contents of any user generated content. Members may be held legally liable for the content they generate and may be held legally accountable if their content includes, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the express permission of the author or owner.
Guitar is not responsible or liable for any loss of data resulting from our deletion of user data or as a result of network or system outages, file corruption or any other reasons. We urge all members to maintain backup versions of their home pages to guard against losses of any kind.
a) comply with the law, including legal process served on Guitar or its affiliates
b) protect and defend the rights or property of Guitar; or
c) act under exigent circumstances to protect the personal safety of Guitar’s members or the public.
7. Termination of Membership
You or Guitar may terminate your account at any time for any reason or no reason at all, with or without notice. Nothing herein shall be deemed to limit the rights and remedies of Guitar. Once your account is terminated, you can not engage in member activities on Guitar without the express written consent of Guitar. You can not assist in enabling a terminated member to access Guitar using your account. Guitar has the right to terminate you for activity undertaken through your account, whether by you or anyone else, with or without your authorization.
Members who are in violation of this user agreement may have their membership revoked, services cancelled, and their information, or portions of their information, suspended or removed without warning. Guitar will not return the removed information or website to the offending member.
You agree to indemnify and hold us and, as applicable, our affiliates, officers, directors, agents, and employees, harmless from any loss, cost, expense, liability or obligation, including but not limited to reasonable attorneys’ fees and costs, arising from any claim, demand or legal proceeding made by or instituted any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party.
By uploading materials to any section or submitting any materials to us, you automatically grant (or warrant that the owner of such has expressly granted) to us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. In addition, you warrant that any “moral rights” in those materials have been waived.
10. DMCA Copyright Infringement Notice
Copyright Violations: If you believe that any material on this website infringes your copyright, please notify us as follows, under the Digital Millennium Copyright Act ("DMCA").
A. Notice of Infringement:
1. Send us a written notice (emails not accepted) to our Designated Agent to:
25 Highland Park Village.
Dallas TX 75205
2. Include the following information in your Notice:
a. Identify of the copyrighted work(s) you claim is infringed;
b. Identify the material you claim is infringing the copyright(s), and give enough information for Guitar to locate that material – if possible include the URL of the page;
c. Include a physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
d. Include the Claimant's name, address, email address and telephone number(s);
e. Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent; and
f. Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is the copyright owner or is authorized to act on behalf of the copyright owner.
B. Procedure upon receipt of Notice of Infringement:
When we receive an Infringement Notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the Guitar member or other person who posted the material that we removed or disabled access to the material.
C. Counter Notification:
We will inform the Guitar member or other poster of the material that they may send us a Counter Notification if they believe the claim of infringement is not correct. A Counter Notification must be sent to the Designated Agent at the address/email identified above. A Counter Notification must contain the following information:
- A physical signature of the Guitar member or other poster of the material;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Guitar member or other poster of the material has a good faith belief that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- The name, address, email address and telephone number of the Guitar member or other poster of the material ;
- A statement that the Guitar member or other poster of the material consents to the jurisdiction of Federal District Court for the judicial district in which the member’s or poster’s address is located, or if the member or poster is outside of the United States, for any judicial district in which Guitar may be found, and that the member or poster will accept service of process from the person who provided notification or an agent of such person.
D. Procedure upon receipt of Counter Notification.
When we receive a Counter Notification containing all the above information,
- Guitar will promptly provide the Complainant with a copy of the Counter Notification;
- Guitar will inform the Claimant that we will replace the removed material or cease disabling access to it within ten (10) business days;
- Guitar will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days after receipt of the Counter Notification, provided that Guitar’s Designated Agent has not received notice from the Complainant stating that a lawsuit has been filed seeking a court order to restrain the Guitar member or poster from infringing the material posted on Guitar. .
E. Account Termination:
Guitar may terminate a member’s or poster’s account if the member or poster is a repeat infringer. Please inform us, in the Infringement Notice or after, if you believe that an member or poster complained about is a repeat infringer.
F. Please Note:
Guitar accommodates and does not interfere with standard technical measures “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works
11. Other Rights Reserved by Guitar
Without limiting anything set forth in this agreement, Guitar reserves the right to (i) release current or past member information if Guitar reasonably believes that a member's account is in violation of this user agreement, if it is being used to commit unlawful acts, if the information is subpoenaed and/or if Guitar deems it necessary and/or appropriate,. (ii) utilize third parties to provide services to Guitar members (these third parties may require limited access to members' personal identifying information in order to perform the services), and (iii) use member-submitted content, including names or images, for promotional and other commercial purposes.
12. No Warranty; Disclaimers
THE MATERIALS ON THE GUITAR NETWORK ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GUITAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUITAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY GUITAR SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULL COMPONENTS. GUITAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR ANY GUITAR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT GUITAR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. GUITAR IS NOT RESPONSIBLE (I) FOR THE DELIVERY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH ITS SPONSORS OR ITS MEMBERS, OR (II) FOR THE PAYMENT OF ANY SUCH GOODS OR SERVICES.
Search and directory are services offered by Guitar. Guitar explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Guitar also disclaims any responsibility for the completeness or accuracy of any such information or any directory or search result.
Guitar sites contain links to other sites not under Guitar's control. Guitar explicitly disclaims any responsibility as to the content of any other site not under our control and is not responsible to investigate, check, or endorse any site not on the Guitar network.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
13. Liability Limit
IN NO EVENT SHALL GUITAR OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE THAT OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE MEMBERSHIP FEES, IF ANY, PAID BY YOU TO GUITAR IN THE LAST TWELVE MONTHS OF YOUR MEMBERSHIP.
14. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
15. No Agency
Nothing in this agreement shall be construed to create any agency, partnership, joint venture, employment relationship, franchise relationship or similar relationship between you and Guitar.
16. Additional Terms
The following terms, rules and conditions are incorporated into this agreement by reference and are made a part hereof:
- Any specific terms, rules and conditions contained in any web page of our site
- The Copyright Statement and Legal Statement in the Legal Information page
This agreement may be revised at any time without notice. We urge you to review the terms and condition of this agreement periodically. Use of this website constitutes acceptance of these terms, including any revisions.
This agreement shall be governed in all respects by the laws of the state of New York without regard to conflicts of law rules. You agree to submit to jurisdiction of the federal and state courts located in Suffolk County, New York in the event of any dispute arising between you and Guitar under this agreement.
YOU HEREBY WAIVE YOUR RIGHT TO ANY TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU FURTHER WAIVE ANY CLAIM OF LACK OF JURISDICTION OR VENUE OR FORUM NON-CONVENIENS.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any paragraph.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that Guitar may assign this agreement to a third party. You may not assign this agreement without the prior written consent of Guitar. Any purported assignment in violation of this provisions shall be void and without effect.