INTRODUCTION

Guitarians.com values your privacy. This Privacy Policy informs you of your choices and our practices regarding any Information you provide to us.

The use of our services may involve the collection and use of your Information (as defined in the “The Information We Collect and How We Collect It” section below) on our services (including our websites and mobile applications). It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully.

By using our services, you agree that we may collect, use and share your Information in accordance with this Privacy Policy, as revised from time to time.

If you wish to contact us regarding this Privacy Policy or any privacy-related matters, please contact our Privacy Officer via email at [email protected]

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies across all of our services. In addition, some of our services have specific privacy guidance applicable to their use. Such service-specific privacy guidance are incorporated into and form part of this Privacy Policy. If any service-specific privacy guidance says something different from this Privacy Policy, the service-specific privacy guidance will apply to the extent of the difference.

This Privacy Policy is incorporated into and form part of the Terms of Service that you have agreed to in order to use our services. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Terms of Service, unless otherwise defined in this Privacy Policy or the context requires otherwise.

Please also note that this Privacy Policy does not apply to Information collected: (i) through third party services (including any third party websites) that you may access through our services; or (ii) by other companies and organisations who advertise their services on our services.

Additional PRIVACY POLICY

Some of our services use YouTube API Services, you are required to agree to Google Privacy Policy http://www.google.com/policies/privacy

CHANGES TO THIS PRIVACY POLICY

We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy.

Where we consider that any changes to this Privacy Policy are reasonably material, we will notify you (via our website at www.guitarians.com, direct communication to you, or other means) prior to the change becoming effective.

By continuing to use our services after any changes to this Privacy Policy, with or without notice from us, you are agreeing to the revised Privacy Policy.

THE INFORMATION WE COLLECT AND HOW WE COLLECT IT

In providing our services, we collect, store and use the following Information relating to you: “Information” is Personal Information and Non-Personal Information; “Personal Information” is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:

  • information you make available to us when you open an account or use our services, such as your name, telephone number, email address and gender;
  • information which you make available to our services as you use them, including Shared Information you make available to others through our services and information you store using our services;
  • Shared Information that others using our services make available about you, such as information contained in posts they make and communications they make to you and others using our services; and
  • information we collect as you use our services, such as certain Location Data, Log Data and public information.

“Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:

  • the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your device;
  • the IP address of the device or internet service you use to access our services,
  • other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded in any photos you make available to us; and
  • if you have provided us with your location data previously and would like us to delete such existing location data, you may be able to do so via our services.

“Log Data” is technical information that is automatically collected by us when you use our services, whether through the use of cookies (as explained in more detail in the Cookies Policy) or otherwise, including:

  • technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access our services, your IP address and your device’s version and identification number,
  • information about what you have searched for and looked at while using our services, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using our services;
  • information about what apps and other software you have used and how you have used them;
  • information about communications you have made using our services, such as the people you’ve communicated with and the time, data and duration of your communications;

“Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudonymised form.

“Shared Information” is information about you or relating to you that is voluntarily shared on our services, including postings that you make on our services (including your public profile, the scores you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using our services share about you.

HOW WE USE YOUR INFORMATION

We may use your Information for any of the following purposes:

  • to provide our services to you;
  • for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
  • to provide you with advertising (as discussed in more detail under the “Advertising” section below);
  • to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to customer desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of our services;
  • to help us develop our new services and improve our existing services;
  • to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services;
  • for the purposes of software verification or administering software upgrades; and
  • to allow you to participate in surveys and other activities about our products and services.

Please note that for the purposes of seeking to provide our users with a better experience, to improve our services or otherwise where you have consented, Personal Information collected through one of our services may, subject to user privacy controls (where available), be used by our other services (including in an aggregated or individualised manner).

For example, Personal Information collected during your use of one of our services may be used to suggest particular content that can be made available to you on another service or be used to try to present more relevant advertising to you in another service. You may also from time to time ask us to migrate or export your Personal Information contained in one of our services to another of our services, where such migration option is available.

If any of your Personal Information comprises Your Content (as defined in the Terms of Service), we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with the “Your Content” section of the Terms of Service.

Our service-specific privacy guidance may more particularly describe how we use Personal Information within the relevant services.

As noted under the “Use of your device by our services” section in the Terms of Service, we may require access to or use of your Personal Information within your device in order to provide our services to you. Any Personal Information that we use or access within your device will be treated in accordance with this Privacy Policy and the Terms of Service.

COOKIES, WEB BEACONS AND SIMILAR TECHNOLOGIES

Please review our Cookies Policy for more information regarding how we use cookies, web beacons and similar technologies.

ADVERTISING

We may use your Information to try to offer advertising that is more relevant to you.

We may also use your Information for the purpose of sending you direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise our products and services and/or the products and services of selected third parties. Such products and services (of ours or third parties) include the following:

  • our products and services and the products and services of our affiliate and subsidiary companies and joint venture partners, including messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, application software and services, data management software and services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”); and
  • third party providers of Internet Services and products and services relating to dining, food and beverages, sports, music, film, television, live performances and other arts and entertainment, books, magazines and other publications, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, collectibles, housewares, appliances, home decoration and furnishings, pets, automobiles, hotels, transport and travel, banking, insurance and financial services, loyalty and reward programs and other products and services that we think may be relevant to you.

We will honor your request for us to not use your Personal Information for the marketing purposes noted above. If you wish to make such a request, please: (i) notify our Privacy Officer; (ii) follow the relevant instructions on our marketing communications; or (iii) follow the instructions as set out in certain service-specific guidance (in relation to the relevant service).

Please note that we will not share your Personal Information with advertisers unless you have given us your consent to do so. We do, however, share Non-Personal Information with advertisers for the purposes of trying to offer you advertising that is more relevant to you.

SHARING OF YOUR PERSONAL INFORMATION

Other than as permitted under this Privacy Policy or as otherwise consented to by you, we will not transfer your Personal Information to any other third parties for their processing for any purposes.

We and our affiliate companies may share your Personal Information within our group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on our behalf, mapping services providers who assists us and you with location data, analytics partners who assist our business, and advertising partners on our services). In addition, we may allow such third parties to collect your Personal Information across our services. In each case, we permit such sharing and/or collection for the purposes of: (i) providing our services to you; (ii) assisting us in carrying out the purposes set out under the “How We Use Your Information” section above; (iii) carrying out our obligations and enforcing our rights under the Terms of Service or this Privacy Policy; and/or (iv) our business, including helping us better understand and improve our services. These third parties may be located, and use and store your Personal Information, outside of your jurisdiction for these purposes.

Where we permit any third parties to collect and use your Personal Information in accordance with the above paragraph, we will use reasonable efforts to ensure that such third parties only use your Personal Information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.

You consent to the third party use, sharing and transfer of your Personal Information (both inside and outside of your jurisdiction) as described in this “Sharing of your Personal Information” section.

As we continue to develop our business, we or our affiliate companies may be acquired by a third party or re-organise our group structure. In these circumstances, it may be the case that your Information is transferred within our group and/or transferred to a third party who will continue to operate our services or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. The party to which your Personal Information is transferred may be located, and use your Information, outside of your jurisdiction.

You agree that we or our affiliate companies may be required to retain, preserve or disclose your Personal Information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations. You also agree that we or our affiliate companies may need to disclose your Personal Information in order to enforce the Terms of Service or this Privacy Policy, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.

Communications From Us

Newsletters and other types of communications

When you use our services, we may use your Information to send you emails, newsletters or push notifications to your device. If you no longer wish to receive these communications, you can do so by following the unsubscribe instructions in the emails we send to you, opting out of notifications at the device level (if available) or contacting our Privacy Officer.

Service-related announcements

We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.

A WORD ABOUT SENSITIVE PERSONAL INFORMATION

In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other personal information. Please note that content and information that you input to our services, may reveal your sensitive Personal Information to others.

We urge you to consider whether it is appropriate to communicate sensitive Personal within our services.

You consent to all processing of sensitive Personal Information for the purposes and in the manner described in this Privacy Policy.

Please note that we do not use your sensitive Personal Information for the purpose of serving advertising to you.

RETENTION OF YOUR PERSONAL INFORMATION

Subject to applicable laws and regulations (including as set out under the “Sharing of your Personal Information” section above), we will only retain your Personal Information for so long as is necessary to fulfill the purposes as set out under the “How We Use Your Information” section above.

Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which we hold, or to request that we delete any of your Personal Information that is stored by us. You may direct such request to our Privacy Officer. We will respond to all requests made to our Privacy Officer under this “Retention of your Personal Information” section within 60 days.

In addition, within some of our services, we may offer you options to amend or delete, and/or change how we and the public can view and/or access, your Personal Information and/or Shared Information within those services – in which case, please log into your account with us within the relevant service and make the appropriate changes.

Should your account be terminated by you or us for any reason, we will (subject to the above paragraph) take steps to ensure that your Personal Information is no longer available through our services, or otherwise used by us, within a reasonable period of time (subject to technical limitations) after such account termination. However, it is important to note that communications made by you using our services may put your Personal Information in the hands of third parties that we cannot control – for example, if you have previously made your Personal Information public via our services. In some instances, we may not be able to delete your Personal Information and/or Shared Information from our services or systems – in which case we will (where reasonably practicable) let you know why we are unable to do so.

ACCEPTABLE USE POLICY

INTRODUCTION

We provide various services for our users to use and enjoy. By using our services, you agree to this Acceptable Use Policy, which sets out the rules of good behaviour applicable to your use of our services.

Should you have any questions about, or any person’s compliance with, this Acceptable Use Policy, please contact us at [email protected]

Any terms used in this Acceptable Use Policy will have the same meaning as the equivalent defined terms in our Terms of Service, unless the context requires otherwise.

PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities on or in relation to our services, or allow any person to use your account with us to do the same:

  • impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our services;
  • name squat via your account name in a way that infringes any third party’s intellectual property rights or other rights;
  • send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
  • use our services for any commercial purpose or for the benefit of any third party, except as expressly permitted by the Terms of Service or otherwise by us from time to time, including any of the following activities:
    • making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest
    • making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
    • making postings(whether written by you or anyone else) in exchange for money or other benefits or compensation from any third party;
    • posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
    • making any other postings not in good faith;
    • submit, upload, transmit or display, through our services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
      • breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by the Terms of Service);
      • creates a risk of loss or damage to any person or property; is fraudulent, false, misleading or deceptive;
      • harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
      • is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
      • promotes or encourages self-harming;
      • infringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights; is pornographic, sexually explicit, violent or otherwise of a mature nature; or encourages or is likely to encourage any of the above;
      • violate any applicable laws or regulations;
      • engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;
      • gamble, provide gambling information or entice others to engage in gambling through any method;
  • use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access our services);
  • access any of our services, collect or process any content made available through our services, send or redirect any communications through our services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including using any automated means to artificially promote any content;
  • engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our services.
  • interfere with, or attempt to interfere with, any user’s or any other party’s access to our services;
  • intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
  • share or publish any other person’s personally identifiable information using our services without their express consent;
  • probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our services, our systems or the systems of other users;
  • decompile, reverse compile or reverse engineer of the software used to provide our services, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;
  • create multiple accounts for disruptive or abusive purposes; or
  • engage in any other activity that encourages any person or entity to breach the Terms of Service (including this Acceptable Use Policy).

COOKIES POLICY

INTRODUCTION

We may, from time to time, use cookies, web beacons and similar technologies to collect, use and store Information about you or relating to you. This Policy describes how we use such cookies, web beacons and similar technologies.

Please note that we collect, use and store your Information in accordance with our Privacy Policy. This Policy is incorporated into and forms part of our Privacy Policy that you have agreed to in order to use our services. Any terms used in this Policy will have the same meaning as the equivalent defined terms in our Terms of Service or Privacy Policy.

WHAT ARE COOKIES AND WEB BEACONS?

A cookie is a small file containing a string of characters that is placed on your computer, mobile phone or other device when you access a website or other web content.

Web beacons are electronic image files or other technologies that may be embedded within websites or emails. They may be used to keep count of visitors, record when and if an email or website is viewed, or accessed certain cookies.

HOW DO WE USE COOKIES, WEB BECAONS AND SIMILAR TECHNOLOGIES?

We and our third party tracking-utility partners may from time to time gather certain Information automatically via such cookies, web beacons and similar technologies and store it as Log Data.

We use our own cookies, web beacons and similar technologies to personalise your experience on our services and for various other purposes, including:

  • remembering you. For example, cookies, web beacons and similar technologies can help us identify you as a registered user of our services or keep the preferences or information that you have previously provided;
  • analysing how you use our services. We can use cookies, web beacons and similar technologies to understand what users are doing on our services, or which pages or sections are most popular;
  • serving advertising. Cookies, web beacons and similar technologies help us provide you with advertising that we believe are relevant to you, based on your Information (as discussed in more detail under the “How we use your Information” and “Advertising” sections of our Privacy Policy); and
  • credit card information and other financial data required to process payments when using one of our services may be collected and stored by third party payment processors or our own payment processors. Those payment processors may provide us with a cookie or similar technology that enables you to make additional purchases using the payment information you have already provided.

Please note that we use our cookies, web beacons and similar technologies for these purposes, but may make certain aggregated Non-Personal Information obtained through these technologies available to advertisers and other partners to analyze how you and others use our services and to serve advertising.

We also allow advertisers and other partners to place their own cookies, web beacons and similar technologies into some of our services to analyse how these services are used and to serve advertising. It is important to note that these third party cookies, web beacons and similar technologies are subject to the relevant third party’s own privacy policies and not our Privacy Policy. We are not responsible for third party cookies or web beacons.

TYPES OF COOKIES

We further describe in the below table how we use certain types of cookies within our services.

Some or all of such cookies (or other web beacons or similar technologies) may be stored in your browser. Your browser may enable you to block or manage cookies or web beacons. However, please remember that if you do so, we may not be able to provide you with the optimal experience through our services and some of our services may not function properly.

CATEGORY OF COOKIES USE DESCRIPTION
Authentication These cookies notify us when you access our services, so to enable us to provide suitable and secure services and experience to you.For example, these cookies will inform us when you have logged onto service, allowing us to identify whether you have safely logged onto service and to display information within service that specifically pertain to you.
Preference Setting We use such cookies to record your layout, appearance and other custom preferences and settings, to ensure our services are personalised for you.For example, we use such cookies within our services to record whether you have read certain messages or reminders we sent to you;prevent us from repeatedly sending such messages or reminders; and save your preferences and settings (such as font sizing) so that the relevant service will be automatically adjusted to your settings when you use it again.
Security We use such cookies to ensure the security of your Information and our services, and to prevent fraudulent, criminal or other suspect activities.For example, such cookies can identify whether you have logged onto our services in your usual location, and to prevent identity theft and other misappropriation of your Information.
Functionality We use such cookies to perform and improve our services. For example, such cookies assist us to pre-fill your account details in the login or other fields of our services, to help you use our services more efficiently.
Efficiency We use such cookies to improve the speed, performance and efficiency of our services. For example, such cookies can facilitate router flow between servers and assess the speed of loading of our services by different users. We may also use such cookies to save information temporarily in your browser, to enable a faster loading and response speed when you visit our services.
Analysis and Research We use such cookies to follow up and improve our services, and to provide us with reference data for research and development of new services or functions. For example, cookies help us better understand how you use our services and thus make it possible for us to improve your and other users’ experiences within our services. Such information may include the amount of time spent by you at each process when you access our services, as well as the pages and functions your access on our services.
Advertising Optimization We use such cookies to optimise advertising and ensure that they are relevant to you. For example, such cookies may help us display more relevant advertising to you, and track whether you have read certain advertisements on our services and visited such advertisers following such advertisements. Similarly, our partners may use cookies to ascertain whether we have displayed a particular advertisement and determine such advertisement’s effectiveness, or to provide us with information regarding your interaction with such advertisers.

GENERAL END USER LICENCE AGREEMENT

INTRODUCTION

This General EULA applies specifically to:

  • your downloading, installing and/or using any software we make available to you, including any connected software or services, any documentation relating to the use of the software (the “Documentation”) and any Updates we may make available to you (as defined in the “Updates and changes to the Software” section below) (together, the “Software”);
  • your access to services that are made available by us in relation to certain Software (the “Services”); and
  • any text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Software or any of our Services (together, the “Content”),
(the Software, Services and Content together being the “Licensed Items”).

By accessing or using any Licensed Items, you are agreeing to be bound by this General EULA between you and Guitarians.com contracting entity identified in the Terms of Service version that apply to you, except where a Licensed Item expressly identifies another of our affiliated companies as being the relevant contracting entity for that Licensed Item, in which case this General EULA will be entered into between you and that identified contracting entity in relation to your use of that particular Licensed Item (the relevant contracting entity being “we”, “our” and “us”).

You must only use the Licensed Items:

  • if you agree to this General EULA;
  • if you can lawfully enter into this General EULA with us in accordance with applicable laws and regulations; and
  • if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.

You must comply with this General EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this General EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.

If you are under the age of 13, you must not use any Licensed Items. If you are between the ages of 13 and 18, your parent or guardian must agree to this General EULA (both for themselves and on your behalf) before you can use any Licensed Items.

If you are using any Licensed Items on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to this General EULA and in such circumstances “you” will include your Organisation.

We may translate this General EULA into multiple languages, and in the event there is any difference between the Chinese version and any other language version of this General EULA, the English version will apply to the extent of the difference and to the extent permitted by applicable laws and regulations.

TERMS OF SERVICE AND THIS GENERAL EULA

The Terms of Service (including, in particular, the Privacy Policy and Acceptable Use Policy, as they are amended from time to time) will apply to your use of the Licensed Items. As set out under the “Our intellectual property rights” section of the Terms of Service, this General EULA is incorporated into the Terms of Service. Please review those terms and policies.

Where there is any difference between the Terms of Service and this General EULA, this General EULA will apply, except in relation to the following sections of the Terms of Service:

  • “Changes to these Terms and our services”;
  • “Warranty and disclaimer”; and
  • “Liability for our services”.

However, to the extent that any country-specific terms differ from this General EULA or any additional terms or policies, the relevant country-specific terms will apply, regardless of which section of this General EULA is in question.

CHANGES TO THIS GENERAL EULA

We may make changes to this General EULA over time, so please come back and review it.

In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (including in relation to whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.

By continuing to use the Licensed Item after we make any changes to this General EULA or the Licensed Item, with or without notice from us, you are agreeing to be bound by the revised General EULA.

LICENCE TO USE THE LICENSED ITEMS

The Licensed Items are property belonging to us and our licensors.

They are protected by copyright laws and other intellectual property rights laws worldwide. Except as expressly provided in this General EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names (for example, “Guitarians.com”), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding the Licensed Items are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

UPDATES AND CHANGES TO THE LICENSED ITEMS

We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Licensed Items (each, an “Update”). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Licensed Item may no longer operate with the full functionality or performance described in the Documentation or operate at all.

We reserve the right, in our discretion, to change or limit the functionality and performance of the Licensed Item, including withdrawing support or access to the Licensed Item, and to prevent the use of any Licensed Item in relation to which all available Updates have not been installed.

WARRANTY, DISCLAIMER AND LIABILITY

Please refer to the “Warranty and disclaimer” and “Liability for our services” sections of the Terms of Service that will apply to this General EULA.

TERM, SUSPENSION AND TERMINATION

The licence granted to you under this General EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the General EULA; or (ii) download, copy, install, access or use any Licensed Items. The licence will expire with respect to each Licensed Item on the date upon which you dispose of the Licensed Item or the termination date, if terminated by us, as set out below.

We may suspend your access to or use of any Licensed Item or terminate this General EULA if: (i) we reasonably believe that you have breached any term or condition of this General EULA or the Terms of Service; (ii) your use of the Licensed Items creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) you fail to use the Licensed Items for a prolonged period; (iv) you attempt to circumvent the technical protection measures for the Licensed Items; (v) where we cease to support that Licensed Item; or (vi) for any other reason. Where you have paid any subscription fee in relation to a Licensed Item and we terminate this General EULA in relation to that Licensed Item under paragraphs (v) or (vi) in circumstances not due to any act or omission or breach of the Terms of Service by you or not due to any applicable laws or regulations, we will refund a pro-rata proportion of any subscription fees already paid by you at the time of termination. Where reasonably practicable, we will give you notice of any suspension or termination.

Suspension or termination of your licence to the relevant Licensed Item or this General EULA will not limit any of our rights or remedies at law or in equity.

Upon expiry or termination of this General EULA (in whole or in respect of any particular Licensed Item), you will immediately permanently delete all copies of the Licensed Item to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Item.

Please note that Licensed Items may be automatically deleted from your device, or otherwise made unavailable to you, once the time period for which the Licensed Item is available to you has expired.

RETENTION AND BACK-UP OF YOUR DATA

We do not guarantee that we will be able to return any data, information, media or other content submitted, uploaded, transmitted or displayed by you using the Licensed Items back to you following suspension or termination of this General EULA or after you cease using the Licensed Items. We may permanently delete such data, information, media or other content without notice to you at any time after termination. Please ensure that you regularly back up data, information, media and other content.

YOUR STATUTORY RIGHTS

Nothing in this General EULA is intended to replace or supersede your rights under any mandatory applicable laws and regulations, and such mandatory rights of yours will apply to the extent they are inconsistent with any terms in this General EULA.

INTRODUCTION

Your use of our products and services (“services” or “our services”) is subject to these Terms of Service (these “Terms”) – so please read them carefully.

Thank you for reviewing these Terms – we hope you enjoy using our services.

If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at [email protected]

Compliance with these Terms

These Terms apply to you if you are a user of our services anywhere in the world. Please review these Terms and our policies and instructions to understand how you can and cannot use our services. You must comply with these Terms in your use of our services and only use our services as permitted by applicable laws and regulations, wherever you may be when you use them.

If you do not agree to these Terms, you must not use our services.

Contracting Entity

By using our services, you agree to enter into these Terms with Guitarians.com. (“we”, “our” and “us”).

We may specify in certain of our service-specific terms that you are contracting with one of our affiliate companies (instead of Guitarians.com.) in relation to your use of the service (or services) to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant service-specific terms, and these Terms (including the relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant service (or services).

We may translate these Terms into multiple languages. In the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable laws and regulations).

ADDITIONAL TERMS AND POLICIES

We offer a diverse range of services, so there are certain additional terms and policies that may be applicable to your use of all of our services or to specific services, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

Additional service-specific terms

Some of our services have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services. Such service-specific terms include:

  • General End User Licence Agreement (“EULA”) – which sets out terms applicable to your use of our software (including our mobile applications, desktop software and games); and terms that may apply specifically to any special promotions (such as sweepstakes, contests and surveys) that we make available through our services.

Additional Policies

The following are specific policies that you must comply with in using our services:

  • Privacy Policy – which sets out how we collect, store and use your personal information;
  • Cookies Policy – which sets out how we use cookies and log files in our services; and
  • Acceptable Use Policy – which sets out rules of good behaviour applicable to your use of our services.
  • YouTube's Terms of Service - which sets out terms to your use of YouTube services. (https://www.youtube.com/t/terms)

CHANGES TO TERMS AND OUR SERVICES

We may make changes to these Terms over time, so please come back and review them.

Where we consider that any changes to these Terms or our services are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective.

By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by these revised Terms.

YOUR ACCOUNT

You may need to create an account with us in order to access and use some of our services, such as a service-specific account.

Your account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify us, if you know or suspect that your account or password has been compromised. We will regard all use of your account on our services as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

Account deactivation

You may be able to deactivate your service-specific account – please refer to the relevant service for further guidance.

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:

  • you will continue to own and be responsible for Your Content;
  • we will not sell Your Content to any third party;
  • our use of Your Content will be subject to our Privacy Policy;
  • you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) including the right to create derivative works of, to publicly display and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our services, including our relevant service that you submitted Your Content in and any other services that we may provide now or in the future;
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise);
  • in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our services which you use;
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve our services, but we will not sell Your Content to such third parties (other than our affiliate companies) for their use for their own purposes (i.e. for any purposes that are not related to our services); and you will comply with these Terms, including our Acceptable Use Policy, in your submission of Your Content.
  • In addition, you agree that we and our affiliate companies (subject to these Terms, our Privacy Policy and applicable laws and regulations):
  • are allowed to retain and continue to use Your Content after you stop using our services – for example, where you have shared Your Content with other users of our services;
  • may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our affiliate companies may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
  • may need to disclose Your Content (including any information relating to your accounts with us) in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.

You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our services.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

INFRINGEMENT OF RIGHTS

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact [email protected]

THIRD PARTY CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including any Your Content or other content provided by other users of our services or by our advertisers. You acknowledge and agree that by using our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.

We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.

There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our services, or the record company that owns the copyright to the relevant song that you have accessed on our services). In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.

ADVERTISING CONTENT ON OUR SERVICES

Some of our services may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in our services and that (where reasonably practicable) we will identify paid services and communications. You also agree that, as explained in more detail in our Privacy Policy, we use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names (for example, “Guitarians.com”), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggest ions at our discretion without any payment or other obligation to you.

Where our services involve you downloading and using any software provided by us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). Your use of any of our software and services is also subject to the terms and conditions set out in our General EULA, which is incorporated by reference into these Terms. Please note that these licence terms may be supplemented by terms and conditions applicable to the specific software.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.

We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

USE OF YOUR DEVICE BY OUR SERVICES

In order for us to provide our services to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access that relevant service – for example, we may need to use your device’s processor and storage to complete the relevant software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.

We will provide further information regarding how a particular service uses and accesses your device within that relevant service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant service to you.

Any Personal Information (as defined in the Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Privacy Policy.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.

WARRANTY AND DISCLAIMER

We warrant to you that we will provide our services using reasonable care and skill.

APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

TERMINATION

These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.

Retention and back-up of Your Content

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms, including the Privacy Policy. Where we suspend or terminate a service, or where your access to our services is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

GENERAL

These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.