These
terms and conditions of use ("Terms of Use") apply to your use of this
web site, audio files and video files provided by
"GuitarSuperStars.com". By visiting and accessing this site, you
acknowledge and accept these terms of use. These Terms of Use also
incorporate by this reference the terms of our Privacy Policy. In
addition, when using particular services or features on the Service,
you shall be subject to any guidelines or rules applicable to such
services or features that may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the Terms
of Use. If you do not agree to these Terms of Use and our Privacy
Policy, you are not authorized to use the Service.
We may
change the Terms of Use and/or the Privacy Policy at any time without
notice to you, by posting such changes on the Service. By using the
Service following any modifications to the Terms of Use or Privacy
Policy, you agree to be bound by any such modifications. Please check
this page and our Privacy Policy periodically to familiarize yourself
with any changes that may have occurred. Again, your use of the Service
means that you accept and agree to the Terms of Use and Privacy Policy.
Links
from and to the Service:
You
acknowledge and agree that GuitarSuperStars.com has no responsibility
for the accuracy or availability of information, appropriateness or
other content provided by web sites linked to or from the Service.
Hyperinks to or from external web sites are not endorsed by
GuitarSuperStars.com and the sponsors or operators of such sites or the
content, products, advertising or other materials presented on such
sites are not endorsed by GuitarSuperStars.com.
We do not
author, edit, or monitor these other sites. You acknowledge and agree
that we are not responsible or liable, directly or indirectly, for any
damage or loss, harassment or impotence caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods
or services available on such external sites or resources.
Certain
services and features offered through the Service are provided by third
parties outside of the Service. While the
Service provides a link to these services, we have no control over
these services or the companies that provide them.
You
understand and agree that we are not responsible in any way for your
use of these services provided by third parties, and that your use of
such services is subject to the terms and conditions established by
such third parties. Information you provide when you use such services
is collected by such services (and not by us), and we do not control
their use of such information. You should do the same for other
services provided by third parties.
Purchasing
a
Membership
If you
would like to purchase a membership or other items offered on the
Service (collectively, "Merchandise") your purchase will be subject to
the terms and conditions of our Customer Service Policy.
We
provide members with access to a thank-you page, and/or members section
where members can access audio files and/or text files and/or html
pages that contain the features and content originally offered to
non-members. We have to the best of our ability, made it universally
understood that a fee will grant you access to a membership that is
updated with files for download, and an updating database where files
accumulate over time. We bill you monthly and you need to contact us to
cancel. We decide when to update and upload the material to the members
section at any given time and we are not required to give notice to the
customer when doing so.
We have
advertised our services with the intention of interpreting the size of
our entire members section.
By
submitting payment information in connection with any such purchase,
you agree to be bound by these terms. Our Customer Service Policy is
hereby incorporated by reference into the Terms of Use.
What You
Cannot Do on the Service:
Amongst
many other things while using the Service you should not and may not:
upload,
post, publish, transmit, reproduce, or distribute in any way,
information, software or other material which is protected by
copyright, or other proprietary or intellectual property rights, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or rightsholder; or upload, post, publish,
reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto, as the Service
is copyrighted under U.S. copyright laws; or upload, post, publish or
transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute illegal
activity, give rise to any kind of criminal and/or civil liability, or
otherwise violate any local, state, national or foreign law, including
without limitation the rules, laws and regulations, United States Civil
and/or Criminal Law, U.S. export or any other laws and regulations; or
upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through
the Service for commercial purposes (other than as expressly permitted
by the Company); or restrict or inhibit any other user from using and
enjoying the Service; or post or transmit any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities
or schemes or other unsolicited commercial communication (except as
otherwise expressly permitted by the Company) or engage in spamming or
flooding or any other fishy dodgy way to sneakily bypass legal system;
or impersonate any other person or entity, or misrepresent your
affiliation with any other person or entity; or post or transmit any
information or software which contains a virus, trojan horse, worm or
other harmful component.
We have
no obligation to monitor the Service. You acknowledge and agree,
however, that we do retain the right to monitor the Service and to
disclose any information as necessary or appropriate to satisfy any
law, regulation or other governmental request, to operate the Service
properly, or to protect the Company, the Service or its members. We
will not intentionally monitor or disclose any private electronic-mail
message unless required by law. We reserve the right to refuse to post
or to remove any information or materials, in whole or in part, that,
in our sole discretion, are unacceptable, undesirable, inappropriate or
in violation of these Terms of Use.
Submissions:
All
information or other materials submitted to the Service, whether
through chat rooms, message boards, blogs, or otherwise, shall be
deemed and remain the property of the Company, and we shall have the
universal and worldwide, perpetual, irrevocable right to reproduce,
modify, publish, display, perform, adapt, distribute and otherwise use
and exploit any images, ideas, concepts or anything else contained in
information or other materials that any user of the Service provides to
the Service, in all media and for any purpose, without any
compensation, attribution or other obligation to such user. The Company
shall not be subject to any obligations of confidentiality regarding
submitted information or materials, except as otherwise specifically
agreed or required by law. In connection with the foregoing, you hereby
grant to us the right to use your name (and likeness, if you provide a
photograph or other image to us) to attribute to you comments, opinions
and other material contained in your submissions and to otherwise
promote Company, our products and the Service. Do not submit any
photographs or other materials which do not belong to you.
If You
Break the Rules:
You
acknowledge and agree that, regardless of whether you have registered
for a paid membership in the Service or whether or not you are a paid
member of our site, we may terminate your password or your access or
deny you access to all or part of the Service without prior notice if
you engage in any conduct or activity that we, in our sole discretion,
believe violates any of these Terms of Use, violates the rights of the
Service, infringes the copyright or other rights of any party or is
otherwise inappropriate, as determined by us, for continued access. No
refunds of eventual subscription fees will be given under any
circumstances. You agree to defend, indemnify and hold the Company and
its affiliates harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys' fees arising in any way from
your use of the Service, the placement or transmission of any message,
information, software or other materials through the Service by you or
users of your account or any violation of these Terms of Use by you or
users of your account.
Disclaimer
of
Warranties;
Limitation of Liability
By using
the Service, including any software and content contained therein, you
agree that use of the Service is entirely at your own risk. The Service
is provided to you for entertainment purposes only, and we cannot
guarantee the accuracy or completeness of the information contained in
the Service. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL
MERCHANDISE OFFERED THEREON) IS PROVIDED "AS IS," CANNOT BE HELD
RESPONSIBLE FOR LOSS OF INFORMATION, DATA, SERVICES, OR UNINTERRUPTED
ACCESS.
NEITHER
THE COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR
ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE (INCLUDING,
WITHOUT LIMITATION, ANY MERCHANDISE OFFERED THEREON) OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF
CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
BECAUSE
SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE
SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY SUCH STATE LAW.
Our
Proprietary Rights:
Champ
Entertainment, Inc is the owner and/or authorized user of any
trademarks, logos, tradenames and/or service marks appearing on the
Service, including but not limited to "GuitarSuperStars",
"GuitarSuperStars," is the copyright owner or licensee of the content
and/or information on the Service, unless otherwise indicated. The
Service does not grant to you a license to any content, features or
materials you may access on the Service. You may not download or save a
copy of any of the content or screens except as otherwise provided in
these Terms of Use, for any purpose. You may, however, print a copy of
the information on the Service solely for your personal use or records.
If you make other use of the Service, except as otherwise provided
above, you may violate copyright and other laws of the United States
and other countries, as well as applicable state laws and may be
subject to liability for such unauthorized use. We do not grant any
license or other authorization to any user of our trademarks, logos,
tradenames, service marks, other copyrightable or other material or any
other intellectual property, by including them on the Service.
Termination;
Modification:
We
reserve the right to change or discontinue, temporarily or permanently,
the Service (or any part thereof),
including but not limited to revising and/or deleting features or other
information without prior notice to you. You agree that we shall not be
liable to you for any modification, suspension or discontinuance of the
Service. The content of the Service may vary depending upon your
browser functionality and limitations. We reserve the right, at our
sole discretion, immediately and without notice to suspend or terminate
the Terms of Use, your account (if you have registered) and/or your
ability to access the Service, for any reason
Internet
Access:
You
acknowledge and agree that in order to use the Service you must: (a)
provide for your own access to the World Wide Web and pay any service
fees associated with such access, and (b) provide all equipment
necessary for you to make such connection to the World Wide Web,
including a computer, software and a modem or other.
Information
You
Provide
to Us:
You may
be required to provide us with information about yourself in order to
enjoy certain features of the Service, such as registering for our
e-mail list or for a GuitarSuperStars Message Board, or shopping for
Merchandise. If you choose to provide us with such information, you
agree: (a) to provide true, accurate, current and complete information
about yourself as prompted by the Service, and (b) to maintain and
update this information to keep it true, accurate, current and
complete. If any information provided by you is untrue, inaccurate, not
current or incomplete, we have the right to terminate your account and
refuse any and all current or future use of the Service. Any
information you provide to us is subject to our Privacy Policy.
Other
Terms:
You agree
not to resell or transfer to any third party the Service or use of or
access to the Service. The Terms of Use and the relationship between
you and the Company shall be governed by the laws of The United States,
but not its choice of law rules. You and Company each agree to submit
to the personal and exclusive jurisdiction of the courts located within
the state of New York, USA.
The
failure of Company to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of
Use shall remain in full force and effect.
U.S.
Government
Restricted
Rights
Government users will receive no greater than
Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c) (Jun
1987), or DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c)
(May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in
any Software at this Site. Government users will secure no greater than
limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR
252.227-7018, or DFAR 252.227-7013 as applicable in any technical data
in this Site.
Notice of
Designated Agent for Notification of Claimed Copyright Infringement:
We
respect the intellectual property of others, and we ask our users to do
the same. We may, in appropriate circumstances and in our sole
discretion, suspend or cancel the accounts and/or access of users who
may be infringing the intellectual property rights of others. If you
believe that your work has been copied by materials on the Service in a
way that constitutes copyright infringement, please provide the
following information to our Agent to Receive Notification of Claimed
Copyright Infringement:
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
Service; your address, telephone number, and email address; 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 a
statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Company's
Agent to Receive Notification of Claimed Copyright Infringement can be
reached as follows:
By mail:
Champ Entertainment, Inc 21-72 21st Street, Astoria, NY 11105
By Email:
producerjamie@yahoo.com
All
Rights Reserved. 2009 Champ Entertainment, Inc
