1. Eligibility.You must be at least eighteen years of age to register as a Member. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the online instructions for deleting accounts provided in the Service. Guitar Center may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Guitar Center. In the event that your membership is terminated, this the terms of this Agreement will still remain in effect, and at such time that this Agreement is terminated, certain provisions will remain effective, including, without limitation, sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. Other than in connection with Guitar Center’s business, the Service may not be used in connection with any other commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on the Website and the Service. Guitar Center owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Guitar Center, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
Guitar Center will not own or retain any rights to the content You post on the Website, other than those limited technical permissions required in order to display, store and serve that content on the Website. At anytime you can take down Your content and terminate Guitar Center’s limited permission to use any of Your content.
a. You understand and agree that Guitar Center may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Guitar Center violates this Agreement or which might be offensive, illegal, that might violate the rights, harm, or threaten the safety of others or in any way be deemed unsuitable by Guitar Center.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
d. The following is a partial list of Content that is deemed illegal or prohibited on the Website. Guitar Center reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and/or terminating the membership of such violators. It includes, but is not limited to, Content that:
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services unrelated to Guitar Center through the Service or through information you obtain from the Service.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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. Guitar Center 's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Guitar Center Legal Counsel, 5795 Lindero Canyon Rd, Westlake Village, CA 91362.
7. Member Disputes. You are solely responsible for your interactions with other Members. To the extent that interactions relate to, or involve the use of the Service, Guitar Center reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Disclaimers. Guitar Center is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Guitar Center is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Guitar Center assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Guitar Center is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Guitar Center be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Guitar Center expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Guitar Center cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Guitar Center be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if Guitar Center has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Guitar Center's 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 Guitar Center for the Service during the term of membership.
12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.
13. Indemnity. You agree to indemnify and hold Guitar Center, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Guitar Center regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this Agreement.
Updated August 22, 2011