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Terms of Use

This website (“Website”) is operated by GuitarContactLLC, a company established in the USA. References to “we,” “our,” and “us” also extend to NME Networks Media Limited and its group companies, along with their directors, employees, representatives, successors, and assigns. Please carefully read the following terms and conditions, including our Privacy and Cookies Policy (collectively referred to as “Terms of Use”), before using the Website, as they affect your legal rights and obligations.

BY ACCESSING AND USING THE WEBSITE, YOU (“YOU” or “USER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU CHOOSE TO REGISTER FOR AN ACCOUNT WITH US (“ACCOUNT”) OR MAKE A PURCHASE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

When we mention “Content” in these Terms of Use, we are referring to anything published or made available through the Website, such as text, audio, video, images, software, data, code, and scripts.

  1. INTRODUCTION

1.1 You must be 18 years or older, or over the applicable age of majority in your jurisdiction, to use the Website. If you are below 18 years old or the applicable age of majority, you must obtain consent from your parent(s) or legal guardian(s), who must accept these Terms of Use and agree to take responsibility for: (a) your actions; (b) any charges associated with your use of the Website or purchase of goods and services; and (c) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using the Website.

1.2 Most areas of the Website can be accessed without registering for an Account. However, certain areas are only accessible if you register for an Account.

1.3 We reserve the right to revise these Terms of Use at any time by updating this posting (see date on top). It is your responsibility to check the Website periodically to review the current terms and conditions, as your continued use of the Website signifies your acceptance of the latest terms and conditions. Certain provisions may be superseded by legal notices or terms located on specific pages of the Website. If you do not agree to any new terms and conditions after we have given notice, you should discontinue using the Website.

  1. ACCOUNT

2.1 Each Account registration is for a single user only. You are not permitted to share your Account username and/or password with any other person or multiple users on a network.

2.2 You are responsible for all activity on your Account, whether or not authorized by you. Maintain the confidentiality and security of your username and password. If you suspect unauthorized access to your Account, contact us immediately and change your password.

2.3 We may suspend, cancel your registration, or terminate your Account immediately if we reasonably believe: (a) you breach any obligations under these Terms of Use; (b) there are fraudulent, illegal, or criminal transactions on your Account; or (c) your use of the Website violates applicable laws or regulations.

2.4 You may terminate your Account at any time by sending written notice to [email protected]. However, as long as you continue using the Website, these Terms of Use will remain applicable to you, even if you no longer have an Account.

3.1 Purchase of Goods and Services Directly from Us

The Website may provide the opportunity to purchase goods and services. Some of these offerings will be directly provided by us (with clear notification), forming a legal contract between you and us. The terms governing these transactions are outlined in the Selling Terms for Goods and Services in Section 3.2 below, along with this Terms of Use and any additional terms presented during the sale. In case of conflicting terms between the Selling Terms and those on the Website, the Website terms prevail.

Examples of goods we sell include music CDs, posters, and clothing, while services encompass music/video downloads, digital magazine downloads, and access to online paid content.

The website may also offer goods and services from third-party sellers, governed by Sections 4.1 and 4.2.

IMPORTANT

Goods and services sold may feature advertorial content. Reviews may result from our decision to sell such items, receipt of free products/services, or participation in affiliate programs. Reviews do not constitute endorsement, and any purchasing decision based on them is at your discretion.

3.2 Selling Terms for Goods and Services

3.2.1 Your Status

By placing an order through the Website, you confirm being at least 18 years old. If under 18, parental/guardian consent is required. Retain a copy of these User Terms for reference regarding purchased goods/services.

3.2.2 Contract Formation

(a) For Goods: After order placement, an email acknowledges receipt, but does not signify acceptance. Acceptance is confirmed via a Dispatch Notice, forming the contract.

(b) For Services: The contract is formed when services, including digital content, are made available for download/access.

3.2.3 Purchase

(a) Price: Prices are as quoted on the Website, subject to change. We verify prices before dispatch. If a pricing error occurs, we’ll contact you for instructions or reject the order.

(b) Payment Method: Debit/credit cards are accepted; cash or cheque payments are not.

(c) Out of Stock: You’ll be notified if goods are out of stock, with options for refund or waiting.

3.2.4 Delivery

(a) Delivery Charges: Additional charges may apply, depending on location. Delivery terms are detailed on the Website.

(b) Delivery Locations: Deliveries are limited to UK mainland unless stated otherwise.

(c) Delivery Time: We aim to deliver within 30 days, with exceptions for certain items.

(d) Title and Risk: Ownership transfers upon delivery; risk of loss/damage passes to you upon delivery.

3.2.5 Digital Content

(a) Downloads are delivered to your device; you’re responsible for compatibility.

(b) Once download/access begins, cancellations/refunds are not permitted.

3.2.6 Cancellation

(a) For goods, a 14-day cancellation period applies. Refund requests must be made within this period.

(b) For digital content, cancellations are accepted within 14 days unless content access has begun.

3.2.7 Incorrect/Faulty/Damaged Goods

Faulty/damaged goods can be returned within 30 days for a full refund, including delivery costs.

3.2.8 Exceptions to Cancellation

Cancellation rights do not apply to certain goods, including newspapers/magazines, opened audio/video recordings, personalized items, perishables, and digital content after access.

3.2.9 Returning Ordered Goods

(a) Goods must be returned in their original condition, with undamaged packaging. The cost of diminished value due to handling beyond what’s necessary may be deducted.

(b) Return shipping costs are generally the responsibility of the buyer.

(c) For specific goods, the supplier may arrange collection.

3.2.10 Gifts

Refunds for gift items are credited to the original purchaser. Exchange policies apply, with adjustments for price differences. Additional payment may be required for higher-priced replacements.


  1. BUYING GOODS AND SERVICES FROM A THIRD-PARTY VIA THE WEBSITE

4.1 Goods and Services

Goods and services on the Website may be:

(a) Provided by a third-party through a linked or framed third-party website; (b) Offered by a third-party with our involvement, but provided by the third-party themselves; (c) Facilitated by us acting as an agent for a third-party.

IMPORTANT

Third-party goods/services may be featured in advertorial content or reviews. Reviews may result from our decision to sell such items, receipt of free products/services, or participation in affiliate programs. These reviews do not constitute promotion, endorsement, or representation by us. Your purchasing decisions based on such content or reviews are entirely at your discretion.

4.2 Merchant Sales

In cases outlined in Section 4.1 (“Merchant Sales”), the legal contract for goods/services is between you and the relevant third-party seller (“Merchant”), governed by their terms and conditions, in addition to this Terms of Use. We do not control matters related to the promotion, quality, or delivery of the merchandise. We disclaim any warranties regarding the quality of merchandise, though your statutory rights against the Merchant remain unaffected.

Merchant Terms

4.2.1 Acknowledgements

(a) The Merchant is solely responsible for order fulfillment, quality, and suitability of merchandise. (b) Your selection and purchase of merchandise from the Website or Merchant’s site is your choice. Any disputes regarding merchandise should be addressed to the Merchant, and we bear no responsibility. (c) Merchant’s data protection practices may differ from ours, and we have no control over data submitted to or collected by them. (d) We are not liable for any charges or losses resulting from your reliance on content, materials, or merchandise from any Merchant.

4.3 Review Merchant Terms

Review the Merchant’s terms and conditions, along with these Merchant Rules and the Terms of Use, before purchasing any merchandise. It’s essential to check the privacy policy, terms of use, and content of the Merchant’s website accessible from the Website.

 

 


  1. OWNERSHIP AND USAGE

5.1 Intellectual Property Rights

The intellectual property rights in the Website, Content, and Marks are owned by us and/or our licensors, protected by copyright, trademark, and other laws. Except as permitted in this Terms of Use, you must not use the Website, Content, or Marks without prior permission from us and/or our licensors.

5.2 Permissible Use

For personal and non-commercial use, you may:

(a) View the Website on your devices; (b) Print one copy of the Content; (c) Save a copy of the Content on your devices (excluding servers connected to networks); (d) Share the Content as permitted in this Terms of Use.

5.3 Termination of Permission

Breaching any terms terminates your permission to use the Website, requiring immediate destruction of downloaded or printed Content.

5.4 Prohibited Actions

You must not:

(a) Hack, reverse engineer, or impair the Website; (b) Facilitate unauthorized access to the Website; (c) Impersonate us; (d) Circumvent content security technology; (e) Use the Website unlawfully; (f) Modify printed or digital Content; (g) Use graphics separately from accompanying text; (h) Misrepresent ownership of Content; (i) Sell Content; (j) Harvest metadata; (k) Alter Marks; (l) Use Marks without permission; (m) Register domains using Marks.

5.5 Sharing Content

We enable easy sharing of Content without compensation.

5.6 Content Sharing

When sharing on social media, platform terms apply alongside ours.

5.7 Sharing Guidelines

(a) Use Website favicon buttons to share; (b) Ensure accurate Content display; (c) Include source credits if absent.

5.8 Restrictions

(a) Do not charge for Content viewing; (b) Avoid implying a business relationship with us or endorsement; (c) Do not associate Content with advertisements or sponsorships.

  1. CHANGES WE MAY MAKE

6.1 Website Changes

We may modify the Website and Content, introduce new features, comply with legal requirements, or correct mistakes.

6.2 Suspension or Termination

We reserve the right to suspend or terminate Website access for certain territories or periods.


  1. REPORTING INFRINGEMENTS

7.1 Reporting Infringements

If you believe any Content infringes yours or someone else’s intellectual property rights, please email us at [email protected] to report it.

7.2 Investigation and Response

While we’ll investigate reported infringements, we can’t guarantee a response or specific action.

  1. THIRD-PARTY SITES

8.1 Access to Third-Party Sites

The Website grants access to sites, applications, or platforms owned or operated by third parties. We don’t control these entities, and they have their own terms of use and privacy policies. It’s essential to review them.

8.2 Agreement and Disclaimers

You agree that:

(a) We don’t endorse linked third-party sites, applications, or platforms or their products, services, or content. (b) We’re not responsible for their products, services, or content, nor liable for any issues arising from their use. (c) Sharing links to third-party sites, applications, or platforms doesn’t imply our responsibility for their content.

 


  1. DISCLAIMERS AND LIABILITY LIMITS

9.1 Your Responsibility

While we strive to provide interesting and informative content, your use of the Website and Content is entirely at your own risk. We don’t have a special duty to act in your best interest.

9.2 Limitation of Liability

We (including related companies, directors, employees, representatives, successors, and assigns) are only liable for losses directly caused by fraud, gross negligence, or wilful default.

9.3 No Promises

We make no promises about the Website or Content, including:

(a) Satisfactory quality or suitability for your use; (b) Accuracy, completeness, or adequacy; (c) Security, error-free operation, or continuous availability; (d) Absence of bugs, viruses, or malware; (e) Correction of defects; (f) Lawfulness of use in your country; or (g) Non-infringement of third-party rights.

9.4 Exclusions

We aren’t liable for:

(a) Matters not promised by us; (b) Reliance on advice, data, commentary, or opinions in the Content; (c) Changes or removal of Content; (d) Removal of your ability to share Content; (e) Removal of linked third-party sites; (f) Unforeseeable events; or (g) Results not usually caused by our actions.

9.5 Indirect or Consequential Losses

We’re not liable for any indirect, incidental, special, consequential losses, or punitive damages resulting from your use of the Website or Content.

9.6 Third-Party Sites

These disclaimers also apply to third-party sites we link to.

  1. INDEMNITY

You agree to indemnify us for all losses and expenses, including reasonable lawyer’s fees, arising from claims related to your use of the Website and Content, your breach of laws or others’ rights, and our enforcement of this Terms of Use.

  1. DATA PROCESSING

11.1 Privacy and Cookies Policy

Read our Privacy and Cookies Policy before submitting any personal data.

11.2 Use of Cookies

We use cookies to understand Website usage. Our Privacy and Cookies Policy explains our cookie use and how to disable cookies.

11.3 Personal Data Processing

By using the Website, you agree to our processing of personal data according to our Privacy and Cookies Policy.

  1. IMPOSSIBILITY OF PERFORMANCE

We’re not liable for failure to perform our obligations under this Terms of Use due to events or circumstances beyond our control, such as acts of God, riots, fire, flood, war, disease outbreaks, or government actions.

 


  1. GOVERNING LAW AND JURISDICTION

This Terms of Use is governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

  1. MISCELLANEOUS

14.1 Assignment and Transfer

You may not assign, sublicense, or transfer any of your rights or obligations under this Terms of Use. However, we may freely delegate or transfer our rights and obligations. This may occur, for example, when hiring others to help operate the Website or during business reorganization or sale.

14.2 Severability

If any provision of this Terms of Use is found invalid by any court of competent jurisdiction, the remaining provisions will remain valid and enforceable.

14.3 Third-Party Rights

Only parties to this Terms of Use have the right to enforce its terms or enjoy its benefits. No third party has such rights.

14.4 Entire Agreement

This Terms of Use, including the Privacy and Cookies Policy and any other communicated terms, constitutes the entire agreement between you and us, replacing all previous terms. Any changes must be made in writing.

14.5 Enforcement

If you violate any terms of this agreement, we reserve the right to take action at any time, even if we initially do not.

14.6 Headings

Headings are provided for convenience and do not affect the interpretation of this Terms of Use.

LAST UPDATE:  May 1, 2024