terms & conditions

The following describes the terms on which theguitarvaults offers you access to our services.

Your use of theguitarvaults database (the 'Registry') available from http://www.theguitarvaults.com (the 'Website') is governed by these terms and conditions (the 'User Agreement'). This User Agreement should be read alongside, and are in addition to, our Privacy Policy Please read these terms and conditions carefully and print a copy for your future reference. By using the Registry and/or the Website, you agree that you have read, understood and agree to this User Agreement and the Privacy Policy (as amended from time to time). If a user does not accept this User Agreement they should exit the Website immediately and should not create an account with the Registry. The User Agreement constitutes a legally binding agreement between you and theguitarvaults.

theguitarvaults may at any time revise this User Agreement to comply with law or to meet our changing business requirements without notice. Any updates or amendments will be posted on the Website. It is up to you to regularly review the User Agreement in case there are any changes. By continuing to access the Website and/or to use the Registry you agree to be bound by the terms of these updates and amendments.

This User Agreement is effective from 1st August 2012.

user agreement

1
About us
1.1
theguitarvaults Limited (referred to in this User Agreement as 'theguitarvaults', 'we', or 'us') is a company registered in England and Wales, whose registered number is 8101065 and whose registered address is theguitarvaults Limited, c/o Mitchell Charlesworth, Chesire, WA8 5SQ, UK.
1.2
Should you have any questions about this User Agreement and Privacy Notice or wish to contact us for any reason whatsoever, please use the contact details set out below: Post: The Chief Executive Officer, theguitarvaults Limited, c/o Mitchell Charlesworth, Cheshire, WA8 5SQ, U.K. Email: david@theguitarvaults.com
2
Your use of the Registry and/or the Website
2.1
The Websites are not intended for children. By using the Website and/or the Registry, you confirm that you are aged 18 or over or that you are using the Website and/or the Registry with the consent and under the supervision of a parent or guardian.
2.2
You agree to use the Website and/or the Registry only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website and/or the Registry.
2.3
You are responsible for the accuracy of the information contained in the Registry and theguitarvaults will not be responsible, or liable to you or any third party for any inaccuracies. We have provided an administration service ('your account') where you can review your personal information at any time to ensure it is correct and current. You will be able to update, correct, change or delete inaccurate details. If you do not have access to a computer you may contact us at the address above to request that your details be updated, corrected or deleted.
2.4
You are permitted to download and print content from the Website and/or the Registry solely for your own personal use. Website and/or the Registry content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website and/or the Registry or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website and/or the Registry for commercial exploitation in any circumstances.
2.5
While using theguitarvaults, you will not: 1 post or upload content or items deemed inappropriate including, but not limited to: the promotion of harassment against any group or individual; any solicitation of information regarding individuals under the age of 18; any advertisement, solicitation, spam, chain letter, or other similar type of information; any encouragement of illegal activity or commit illegal activities; the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or post another person's picture without the person's consent; unauthorized use, solicitation, or disclosure of passwords or personally identifiable information of others; any pornography, nudity, violence, or offensive subject matter or any link to an adult website; or any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. 2 post false, inaccurate, misleading, defamatory, or libelous content (including personal information); 3 distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; 4 distribute viruses or any other technologies that may harm theguitarvaults, or the interests or property of other members of theguitarvaults; 5 copy, modify, or distribute rights or content from the site 6 harvest or otherwise collect information about users, including email addresses, without their consent.
3
Intellectual property rights
3.1
As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website and/or the Registry ('IPR'). theguitarvaults owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except for the user's own personal non-commercial use. Permission for any other type of use must be obtained from theguitarvaults.
3.2
If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website and/or the Registry.
3.3
You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of this User Agreement, or to establish, perfect, preserve or enforce our rights under this User Agreement.
4
Our liability to you
4.1
While theguitarvaults tries hard to ensure that the Website and/or the Registry are functioning correctly and are as accurate as possible, this will not always be achievable and therefore the following disclaimer applies.
4.2
The Website and/or the Registry are provided 'as is' without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, accuracy and security. theguitarvaults does not guarantee or represent that the content and/or facilities available or accessible via the Website and/or the Registry will always be accurate, complete or current or that access to the Website and/or the Registry will be uninterrupted. We reserve the right to withdraw or amend the service we provide on the Website and/or the Registry without notice.
4.3
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. theguitarvaults accepts no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with this User Agreement or from the use or inability to use the Website and/or the Registry
4.4
Accessing the Website and/or the Registry and the downloading of material from them is done entirely at the user's own risk. We provide the content on the Website and/or in the Registry in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website and/or the Registry does not infringe the rights of any third party. The user, and not theguitarvaults, will be entirely responsible for the use of content on the Website and/or the Registry and such use is entirely at the user's risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website and/or the Registry, we accept no responsibility or liability for any resulting damage to software or computer systems and/or any resulting loss of data even if theguitarvaults has been advised of the possibility of such damage.
4.5
Nothing in this User Agreement shall limit our liability for personal injury or death.
5
Limitations of theguitarvaults responsibilities
5.1
Registering an instrument or any other item in theguitarvaults does not prove rightful legal ownership of the item by the member creating the profile.
5.2
We will not enter into any correspondence with the member, nor any other site members or any third parties regarding the legal ownership of an item in the Registry.
5.3
Where a dispute over rightful legal ownership occurs we will not assist in the recovery of the item to the legal owner other than in the provision of information to the authorities detailed in 5.4 and 5.5
5.4
We will disclose any information in the Registry required by law and requested by law enforcement authorities in any relevant geographical domain.
5.4
We will not be held responsible for the validity of that information provided to the authorities. The extent of our responsibility in any legal proceedings will be to provide the information requested.
6

Information about other members of theguitarvaults

The Website enables users to exchange personal information via the messaging service. Where members exchange personal information such as each other's name, user ID, email address, and other contact information such as postal information, theguitarvaults cannot guarantee that other users will respect the privacy or security of your information. Therefore we encourage you to consider your personal privacy carefully before sharing any such information with them. Similarly, we ask and expect you to respect other users' privacy.
7

User IDs and passwords

Members have responsibilities in relation to the security of their user ID and passwords. Members shall:
7.1
Keep passwords confidential
7.2
Not use the same password used for other purposes (e.g. personal banking)
7.3
Change their passwords if they believe they may have been compromised
8
Suspension and Termination
8.1

We will determine, in our discretion, whether there has been a breach of this User Agreement through your use of the Website and/or the Registry. When a breach of this User Agreement has occurred, we may take such action as we deem appropriate, including treating the failure to comply as a material breach and/or taking all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use the Website and/or the Registry.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.2
We exclude liability for actions taken in response to breaches of this User Agreement. The responses described in this User Agreement are not limited, and we may take any other action we reasonably deem appropriate.
9
Payment of Charges to register instruments on the Website
9.1
Membership of the Website is without charge. However, members may choose to register additional instruments for which charges may apply.
9.2
The charging structure and payment methods will be shown clearly at the point of registration and prior to payment being taken.
9.3
theguitarvaults reserves the right to amend the charging structure and methods of payment at any time in the future. The Website will announce to members in advance any such changes due to be introduced.
9.4
The security of the financial transaction will be the responsibility of the 3rd party payment provider and theguitarvaults will not be held responsible for any financial loss suffered on the part of the member as a result of any such transaction.
10

Links

The Website may contain links to other websites over which theguitarvaults has no control. Such links are supplied solely for the convenience of users. theguitarvaults is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them or the organisation or persons providing them in any way. theguitarvaults does not guarantee that these links will work all of the time and we have no control over the availability of the linked pages or any use of personal data by third party.
11
Other important terms
11.1
If any part of this User Agreement is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the User Agreement shall remain in full force and effect.
11.2
Only you and we shall be entitled to enforce this User Agreement. No third party shall be entitled to enforce any part of this User Agreement, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3
If any part of this User Agreement is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the User Agreement shall remain in full force and effect.
11.4
This User Agreement sets out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
11.5
Omission by theguitarvaults to exercise any right under this User Agreement will not constitute a waiver of such right unless expressly stated by theguitarvaults in writing.
 
This User Agreement was last updated on 1st August 2012.