Terms and Conditions of Use:
Using These Materials:
All of the material on this site, which include but not limited to software, images, music, text, “applets,” logos and trademarks, along with the overall appearance and image of this website (referred to as the “Material”), is protected under various intellectual property laws and is owned or controlled by D Mania Communications, or used with permission of the owner(s) of such Material. Unless it is otherwise indicated on this website, ay copying, reproduction, uploading, downloading, transmitting or other use of this site or of any of the Material, in whole or part, without the express permission of D Mania Communications, is prohibited. However, you may copy, download, reproduce, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (1) this site; (2) any of the Material; or (3) any such individual pages so copied, reproduced, downloaded, transmitted or printed. However, substantial portions of this Site or any of the materials contained hereon may not be copied, reproduced, downloaded transmitted and/or printed without the express written permission of D Mania Communications. Any unauthorized use of this Site and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.
On occasion, the GuitarHD.com website may provide links to other websites that are not controlled and/or maintained by D Mania Communications. Any access to and use of such other websites is done at your own risk and is subject to all the terms terms, conditions and privacy policies that govern such websites. These terms, conditions and policies may differ from those of D Mania Communications therefore they may or may not provide any users with less security than the
GuitarHD.com site. By providing such links, D Mania Communications does not endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. D Mania Communications is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result there from. Any and all copyrighted materials or information on the linked sites are owned by other organizations.
User Submitted Content:
You may be permitted to post comments, information or creative works on certain sections of this Site. This includes but is not restricted to audio or audiovisual works or other materials (“User Content”). In doing so, you acknowledge and agree that you alone are responsible for any User Content that you post. You further accept and agree that D Mania Communications has no responsibility whatsoever for, or ownership of, any User Content which you may post at this Site. Further, D Mania Communications will not be liable for any User Content that is in violation of these Terms and Conditions. Regarding any and all User Content that you post, by doing so you represent and warrant that: (1) the material is either completely originated by you and/ or that you have all necessary rights, licenses and permissions needed to post this material at this Site. This agreement includes but is not limited to all copyrights and right of publicity/privacy rights. You further grant D Mania Communications and all other users of this Site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content as contemplated by the Site. (2) All such user Content does not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (3) No financial or other obligation will be owed to any party as a result of the posting of the User Content or its use as contemplated by this Site. (4) Any and all users will be responsible for all User Content submitted through your account. For all of the purposes under these Terms and Conditions, all submissions from your account shall be deemed to have been submitted by you.
Further, D Mania Communications has no control over, and does not endorse, any User Content and specifically disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, D Mania Communications reserves the right in its sole and absolute discretion, to: (1) remove without notice,or refuse to post in the first instance, any User Content; (2) revoke any user’s right to use this Site.
Further, any and all User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of D Mania Communications, to the following rules and standards. It must: (1) conform to all applicable laws, (2) be appropriate in the context of the general purposes of the Site; (3) it may not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (3) it may not provide personal information, or solicit such information from any other user of the Site; (4) it may not involve or result in the transmission of junk e-mail, or any unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (5) it may not transmit or distribute any programs that are potentially harmful, such as Trojan Horses, worms, viruses, spyware or any malicious software or code; (6) it may not contain any material or images owned by any other entity or person unless the user has obtained any and all necessary rights, licenses and permissions that are needed to post the material and have it used as contemplated by this Site; and (7) it may be only be used for non-commercial purposes.
Promotions, Sweepstakes and Contests
From time to time, D Mania Communications or certain advertisers or suppliers to this Site may conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each of these special postings may have its own specific rules and regulations. These will be made available to users and shall be deemed incorporated in and become a part of these Terms and Conditions.
Infringement of Copyrights Policy:
D Mania Communications values intellectual property and respects the intellectual property rights of others. Therefore, D Mania Communications will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, §512, you may notify D Mania Communications’s Designated Agent in writing as follows:
D Mania Communications
PO Box 57993
Sherman Oaks, CA 91413
You must include the following in your notice:
(1) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(2) identification of the any copyrighted work(s) that are allegedly being infringed;
(3) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information which allows us to locate such materials;
(4) contact information (i.e., name, address, email address) sufficient to enable
D Mania Communications to contact you;(5) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content only be made available to users of the site that consent to D Mania Communications sharing of their Personal Consumer Information with the sponsors of such Promotions and/or advertisers appearing on the such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions will govern with respect to the specific pages or sections to which they apply.
Transmitting and Downloading:
D Mania Communications is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
D Mania Communications does not warrant or represent that this site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
By using this site, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You agree to indemnify, defend and hold harmless D Mania Communications, its parent corporation, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (1) your use of the site; (2) your violation of these Terms and Conditions; and/or (3) any User Content submitted by you to the site. You agree that your representations and warranties, and obligation to indemnify D Mania Communications shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with D Mania Communications electronically, via email or otherwise, you consent to receive electronic communications from D Mania Communications. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by D Mania Communications satisfy any legal requirement that such communication be in writing.
Limitation of Liability and Use Disclaimer:
D Mania Communications is not responsible for any damages or loss related to the use of this site.
THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. D MANIA COMMUNICATIONS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. D MANIA COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, D Mania Communications liability is limited to the greatest extent allowable under applicable law.
Changes in Policy:
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms. These Terms and Conditions of Use were last updated on (Pete: Insert appropriate date) and are effective immediately.
Acquisition of Business
In the event that D Mania Communications is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this site and all of D Mania Communications’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, D Mania Communications will post a notice to such effect on this website.
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us at: email@example.com
Applicable Law/Dispute Procedures:
Use of this site and these Terms and Conditions shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute concerning your use of this site shall be submitted to binding arbitration in California within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Regardless of anything to the contrary set forth in these Terms and Conditions, D Mania Communications may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of California, in the event that D Mania Communications believes that you have violated or threatened to violate any of D Mania Communications’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any part of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions. No waiver by D Mania Communications of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and D Mania Communications’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
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