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guitar & bass freternity privacy notice and terms of use - updated as of 20th june 2008
the following describes privacy practices specific to guitarfreternity.com and bassfreternity.com
personal information
non-account activity. you can watch videos on our site without having an account.account-related activity. uploading videos, rating videos, creating a profile, viewing other members profile and leaving comments requires you to have an account. the personal information we ask for to create your account consists of your name, email address and location. this is used by us onlt to protect your account from unauthorised access.
content uploaded to site. any video content and comments that you voluntarily disclose online becomes publicly available and can be collected and used by others.
uses
if you submit personally identifiable information to us through the site, we use your personal information to operate, maintain, and provide to you the general and personalised features and functionality of the site. your account name (not your email address) is displayed to other users when you upload videos or leave comments. any videos that you submit to the site may be redistributed through the internet and other media channels, and may be viewed by the general public.we do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. we may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes or for customer service purposes).
we use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of he site and to create new features, promotions, functionality, and services by storing, tracking, analysing, and processing user preferences and trends, as well as user activity and communications.
we use cookies, clear gifs and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit; (b) provide custom, personalised content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions and status in promotions, sweepstakes and contests.
your choices
you may update or correct your personal profile information and email preferences at any time by visiting your account page.third-party advertisers
we allows other companies, called third-party ad servers or ad networks, to serve advertisements on our site. these third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear here. they automatically receive your ip address when this happens. they may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalise the advertising content you see.you should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. our privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
we care deeply about online privacy. if you have any questions concerning this privacy policy, please email us at privacy@guitarfreternity.com.
the following describes the terms of use specific to guitarfreternity.com and bassfreternity.com
This Agreement includes the policy for acceptable use of and Content posted on the website, your rights, obligations and restrictions and our Privacy Policy.
We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the guitarfreternity.com Website. You agree to be bound to any changes to this Agreement when you use the site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the site and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the site by any person, please contact us by using the contact form.
We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership of guitarfreternity.com is void where prohibited. By using our service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the site does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the site or are a Member. You may terminate your Membership at any time, for any reason, by sending us the instructions to do so (see faq). We may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members. The site is for the personal use of members and guests only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorised use of our services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of our services.
5. Proprietary Rights in Content on guitarfreternity.com.
1. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on guitarfreternity.com. After posting your Content on the site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through guitarfreternity.com, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the our services.
Without this license, we would be unable to provide the guitarfreternity.com services. For example, without the right to modify Member Content, we would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, guitarfreternity.com could not allow Users to listen to music posted by Members. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to guitarfreternity.com), fully-paid and royalty-free (meaning that we are not required to pay you for its use on the site of the Content that you post), sublicensable (so that we are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the guitarfreternity.com Services), and worldwide (because the Internet and the guitarfreternity.com are global in reach). This license will terminate at the time you remove your Content from the website. The license does not grant us the right to sell your Content, nor does the license grant us the right to distribute your Content outside of the guitarfreternity.com Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the guitarfreternity.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the guitarfreternity.com Services.
3. guitarfreternity.com Content is protected by copyright, trademark, patent, trade secret and other laws, and guitarfreternity.com owns and retains all rights in the guitarfreternity.com Content and the guitarfreternity.com Services. guitarfreternity.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the guitarfreternity.com Content solely for your personal use in connection with viewing the Website.
4. guitarfreternity.com contains Content of Users and other guitarfreternity.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the guitarfreternity.com website.
6. Content Posted.
1. We may delete any Content that in the sole judgment of guitarfreternity.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. guitarfreternity.com assumes no responsibility for monitoring the site for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the guitarfreternity.com Services, guitarfreternity.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through guitarfreternity.com, and any material or information that you transmit to other Members and for your interactions with other Users. We do not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of guitarfreternity.com. guitarfreternity.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through on guitarfreternity.com. We reserve the right to investigate and take appropriate legal action against anyone who, in guitarfreternity.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of us:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for members profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on guitar freternity.com. We reserve the right to investigate and take appropriate legal action against anyone who, in guitarfreternity.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the guitarfreternity.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from guitarfreternity.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, guitarfreternity.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which guitarfreternity.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the guitarfreternity.com Services, you acknowledge that you will have caused substantial harm to guitarfreternity.com, but that the amount of such harm would be extremely difficult to ascertain.
18. any automated use of the system, such as using scripts to add friends or send comments or messages;
19. interfering with, disrupting, or creating an undue burden on the guitarfreternity.com or the networks or services connected to the guitarfreternity.com Services;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from guitarfreternity.com in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the freternity.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
25. using the freternity.com in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of guitarfreternity.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to guitarfreternity.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the guitarfreternity.com Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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.
9. Privacy. Use of the guitarfreternity.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
10. Disclaimers. guitarfreternity.com is not responsible for any incorrect or inaccurate Content posted on the website or in connection with our Services, whether caused by Users of guitarfreternity.com or by any of the equipment or programming associated with or utilised in the guitarfreternity.com Services. Profiles created and posted by Members on the website may contain links to other websites. guitarfreternity.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the site does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk. we takes no responsibility for third party advertisements which are posted on the guitarfreternity.com website, nor does it take any responsibility for the goods or services provided by its advertisers. guitarfreternity.com is not responsible for the conduct, whether online or offline, of any User of the guitarfreternity.com Services. We assume 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, any User or Member communication. We are 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the guitarfreternity.com Services. Under no circumstances shall guitarfreternity.com be responsible for any loss or damage, including personal injury or death, resulting from use of the guitarfreternity.com Services, attendance at a guitarfreternity.com event, from any Content posted on or through the guitarfreternity.com Services, or from the conduct of any Users of the guitarfreternity.com Services, whether online or offline. guitarfreternity.com cannot guarantee and does not promise any specific results from use of the guitarfreternity.com Services.
11. Limitation on Liability. IN NO EVENT SHALL GUITARFRETERNITY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GUITARFRETERNITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FRETERNITY.COM'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 GUITARFRETERNITY.COM FOR THE GUITARFRETERNITY.COM DURING THE TERM OF MEMBERSHIP.
12. Indemnity. You agree to indemnify and hold guitarfreternity.com, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of guitarfreternity.com 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 and/or if any Content that you post on the guitarfreternity.com Website or through the guitarfreternity.com causes guitarfreternity.com to be liable to another.
13. Other. This Agreement is accepted upon your use of the guitarfreternity.com Website or any of guitarfreternity.com and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and guitarfreternity.com regarding the use of the guitarfreternity.com Services. The failure of guitarfreternity.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.