Terms Of Service | Guitar Gate

Terms Of Service

 

Welcome to Guitargate.com! This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Agreement, hereinafter "Agreement”, specifies the terms and conditions for access to and use of www.guitargate.com, hereinafter the "Site", and describes the terms and conditions applicable to your access of and use of the Site. The Content, hereinafter “Content” encompasses text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you transmit, submit, display or publish (“post”) on, through or in connection with the Site. This Agreement may be modified at any time by GuitarGate, LLC (“GuitarGate”) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://guitargate.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at http://guitargate.com/privacy-policy.

3. Content.  You acknowledge and agree that:

a. All Content submitted, posted on, through or in connection with GuitarGate for duplication, production, reproduction, or replication whether publicly posted or privately transmitted, is your sole responsibility. GuitarGate is not in any way liable for the Content you submit or for its duplication, production, reproduction, or replication.

b. GuitarGate does not control the Content originating from you, and GuitarGate does not guarantee the accuracy, integrity or quality of such Content. You are responsible for maintaining the accuracy of the information and Content you submit. GuitarGate does not control the Content originating from other members, and GuitarGate does not guarantee the accuracy, integrity or quality of such Content. Information, materials, products and services posted by other members may, in whole or in part, be unauthorized, impermissible, inaccurate or otherwise violate this Agreement.

c. By posting Content, you warrant that you are legally authorized to submit any such Content for duplication, production, reproduction, or replication, and, by doing so, you warrant that you are not infringing on another person or entity’s applicable copyright, patent, trademark, or proprietary rights.

d. GuitarGate reserves the right to delete, reject or refuse to post Content in whole or in part for any or no reason. GuitarGate assumes no responsibility for monitoring the Content or quality of Content posted on or transmitted through GuitarGate.com, however, GuitarGate reserves the right to begin monitoring at any point.

4. Ownership. This site is and shall continue to be the property of GuitarGate or its suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any part of this site is prohibited, except as expressly permitted in this Agreement. GuitarGate.com and its content are protected under the applicable trademark and copyright laws. Under no circumstances will you acquire any ownership rights or other interest in the Site by or through your use of the Site.

GuitarGate does not claim any rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications or any other materials that you post on GuitarGate. After you post or publish your Content you still retain any rights that you may have had in that Content.

5. Prohibited Content/Activity

The following are examples of the kind of Content that are prohibited on, through or in connection with GuitarGate.com:

1.     Patently offensive speech or hate speech that incites racisism, bigotry, hatred or physical harm or is designed to offend others on the basis of race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition;

2.     Harassment of another member or user;

3.     Threatening harassment or physical violence towards another member or class of members or any individual or class of individuals;

4.     Advocating for the harassment of another member;

5.     Exploiting people in a sexual or violent manner;

6.     Posting Content that contains nudity, excessive violence or offensive subject matter;

7.     Any activity that promotes or furthers criminal activity or enterprise or provides instructional information about illegal activities;

8.     Soliciting passwords or personally indentifying information from other users or members for any use;

9.     Claiming to be another person or creating a false presence for an organization, corporation or other entity.

Members that are found to be in violation of this agreement will be prevented from accessing the site or their membership. GuitarGate reserves the right to delete, reject or refuse membership to anyone for any reason.

6. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

7. Site Use. GuitarGate grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of GuitarGate and GuitarGate may terminate your use of this website at any time.

8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

9. Indemnification. You agree to indemnify, defend and hold GuitarGate and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

10. Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. GUITARGATE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL GUITARGATE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12. Use of Information. GuitarGate reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13. Copyrights and Copyright Agent. As a User or Member of GuitarGate you are prohibited from uploading, embedding, posting, emailing, transmitting or otherwise making available any material that infringes any copyright, patent, trademark, trade secret or other proprietary right of any person or entity. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to GuitarGate:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;
 
(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

By Mail: 

GuitarGate, LLC

9424 Baymeadows Rd., Suite 130

Jacksonville, FL 32256

By e-mail: support@guitargate.com

14. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and GuitarGate or its affiliates.

Any action or proceeding related to or arising out of any dispute between you and GuitarGate or its affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in the County of Duval, Florida.

YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO CLAIMS ARISING OUT OF THE USE OF GUITARGATE OR IN CONNECTION WITH THIS AGREEMENT.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.