Terms and Conditions
Terms and Conditions for Users, Members and Tutors
For our Refunds Policy, click here.
1. General
The "The Guitar Circle" website (the "website") is the on-line presence of The Guitar Circle offering information services and content provided by The Guitar Circle, it's Members and other third parties. Please read these Terms and Conditions very carefully. By using the website (other than to read these Terms and Conditions for the first time), you are agreeing to accept, without modification, and comply with all of the Terms and Conditions hereof). Clause 11 describes our Privacy Policy and approach in complying with UK data protection.
All or any part of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use, may be changed or discontinued at any time without notice.
These Terms and Conditions, or any part thereof, may be changed, modified, added to or deleted at any time, including, but not limited to, adding new conditions on fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice of such being posted on the website. Your use of the website after such notice is posted shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions.
2. Your Responsibilities as a User or Member of this website
The right to use The Guitar Circle is personal to you and is not transferable to any other person or entity. You are responsible for all use of and access to the website under your name and Internet account (including any The Guitar Circle account, screen name or password you may establish in using and/or accessing the website) and for ensuring that all such use and access complies fully with these Terms and Conditions, and any applicable laws. You are responsible for protecting the confidentiality of your password(s), if any.
Members and Tutors and required to pay to The Guitar Circle a fee for registration and production of Member's pages on the site. This is followed by a fee on each anniversary. Failure to pay any such fees within 7 (seven) days of the due date will result in the removal of any associated website data and links.
3. Prohibitions on Use
You agree to use the website for lawful purposes only. By way of example and not limitation, you shall not do any of the following:
A. post or transmit through the website any material which violates or infringes in any way upon the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
B. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
C. delete any composer, performer or third party attributions, legal notices or proprietary designations or labels in any file that is uploaded;
D. falsify the origin or source of software or other material contained in a file that is uploaded.
You agree that the determination of whether any posting, transmission or conduct is of such a nature as described will be at the sole discretion of The Guitar Circle.
4. Intellectual Property
You shall not upload, post or otherwise make available on the website any material protected by copyright, trademark, patent or other proprietary right without the express permission of the owner of the copyright, trademark, patent or other proprietary right, and the burden of determining that any material is or is not protected by copyright rests with you. You agree to be solely liable for any loss or damage to The Guitar Circle resulting from any act or submission by you that constitutes a violation or an infringement of copyright, trademark, patent or other proprietary rights. By submitting material to the website, you automatically grant or warrant that the owner of such material has expressly granted The Guitar Circle a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, translate, perform, display, sublicense and distribute such material (in whole or in part) worldwide, either alone or as part of other works, in any form, media or technology now known or hereafter developed, for the full term of any copyright that may exist in such material. By submitting material to any public area of the website, you also permit any other person who accesses the website to access, view, store or reproduce the material for his/her personal use.
If you believe in good faith that materials hosted by The Guitar Circle infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked by emailing copyright@theguitarcircle.com.
5. Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the website is at your sole risk. The information, materials and services provided through the website may contain inaccuracies and/or typographical and other errors. Neither The Guitar Circle nor its respective employees, agents, third party content providers or licensors warrant that the website and/or such information, materials and services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the website, or as to the accuracy, reliability or content of any information, materials or service, provided through the website.
The website contains details of composers, performers and Tutors. The Guitar Circle accepts no responsibility for the accuracy of the information provided and provides no warranties for the services provided by the composers, performers and Tutors. You expressly agree that should you use any services provided by the composers, performers or Tutors you do so at your own risk.
The information, materials and services provided on the website are provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Neither The Guitar Circle, its employees, agents, third party content providers nor licensors will be responsible for any damages or injury caused by any failure of performance, error, omission, inaccuracies, untimeliness, inauthenticity, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorised access to, alteration of, or use of the website, and/or any of the materials or the services provided therein, regardless of whether any such claim is for breach of contract, tortuous behaviour, negligence, or under any other cause of action howsoever arising or occasioned. Neither The Guitar Circle, its employees, agents, third party content providers nor licensors will be responsible for the defamatory, offensive or illegal conduct of other Users of the website or third-parties, and the risk of injury from any of the foregoing rests entirely with a User.
In no event will The Guitar Circle, its employees, agents, third party content providers or licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, even if they have been advised of the possibility of such damages.
6. Monitoring
This website, and/or any part of its contents supplied by Users, Members and third parties, may be monitored to determine compliance with this Agreement and any other operating rules established by The Guitar Circle and to satisfy any law, regulation or authorised government request. The Guitar Circle shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the website, without notice. Without limiting any of the foregoing, The Guitar Circle shall have the right, without notice, to remove any material that, in its sole discretion, it finds to be in violation of the provisions hereof, or for artistic reasons or otherwise objectionable.
7. Indemnification
You agree to defend, indemnify and hold harmless The Guitar Circle, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or occasioned by your use, or any use for which you are responsible by these Terms and Conditions, of the website.
8. Trademarks
The Guitar Circle logo and name is a trademark of The Guitar Circle. All rights are reserved. Other names, logos, designs, information and other materials on the website may be subject to trademark and/or other proprietary rights protection, either of The Guitar Circle or their respective owners.
9. Third Party Content
Any music, opinions, advice, statements, services, offers, or other information or content expressed or made available by any third parties other than The Guitar Circle on the website are those of the respective third parties. The Guitar Circle neither endorses nor is responsible for the accuracy or reliability of any such information or content made on the website by anyone other than authorised The Guitar Circle employees and/or spokespersons acting in their official capacities. Under no circumstances will The Guitar Circle be liable for any loss or damage caused by your reliance on information obtained through the website. It is your responsibility to evaluate and/or verify the accuracy, completeness or usefulness of any information or other content available through the website.
10. Third Party Links
This website may contain hyperlinks to websites operated by parties other than The Guitar Circle. Such hyperlinks are provided for your reference only. The Guitar Circle does not control such websites and is not responsible for their contents. The Guitar Circle's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
11. Privacy Policy
For everyone who visits The Guitar Circle domain, we log IP addresses, the type of operating system that the visitor's computer uses, and the type of browser software used by the visitor. From the IP address, we can determine the Internet Service Provider and the geographic location of the visitor's point of connectivity. We do not log IP addresses to track a User's session, nor do we link IP addresses to anything personally identifiable.
If a visitor wants to simply use The Guitar Circle in a generic way (i.e. reading, but no contribution of content), they are not required to register. However, if a visitor wants to become a Member of The Guitar Circle we require registration. This will include provision of the following details: name, full postal address, email address together with data and information on their relevant musical history, current activity, planned activity, works and /or performances, excerpts of music and photos.
The Guitar Circle currently uses cookies to save information including, but not limited to, a User's musical playback preferences, to facilitate and maintain a Member's login session, and to track site usage. A "cookie" is a file transferred from a website to the hard drive of your computer so that the website may track your activities on the website. A cookie will not let a website know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the website or have set your preferences in your browser to provide that information.
In any discussion forums, we may save all posted messages. This discussion content is kept for an indeterminate amount of time and is accessible to all Members and visitors of The Guitar Circle. All posted messages created by an individual may be accessible. Likewise, we also save all music content (e.g. music excerpts, music score, lessons, grooves) created by Members for an indeterminate amount of time. This content may also be accessible. In general, The Guitar Circle does not seek to edit, moderate or remove any Member-contributed content, but reserves the right to do so in its sole discretion. The Guitar Circle may also choose to highlight some of the musical content or discussions taking place on its website, (e.g., what it may consider as the "best content" from time to time).
The Guitar Circle does not and cannot otherwise control the acts of its Members, Tutors and Users. All Members, Tutors and Users should be aware that, when they disclose personal information such as their actual name, login name, e-mail address, etc., the information may be collected and used by others to send that person unsolicited e-mail from other parties, and such acts necessarily lie outside The Guitar Circle's control.
Advertising. The Guitar Circle Service may include interactive advertising for other businesses. We may use, and provide to third parties, anonymised demographic data provided by Members to target this advertising more appropriately.
We will send regular and occasional emails, which Members, Tutors and Users can decide to take or not. These will include details of music, CDs, concerts and other products and services we consider may be of interest.
We reserve the right to communicate such of a Member's, Tutor's or User's personal information as we hold to third parties which seek the disclosure of it, and which make a legally-compliant request for its disclosure.
Our site contains links to other sites. The Guitar Circle is not responsible for the privacy practices, or the content, of those websites.
You can obtain further information about data protection laws by visiting the Information Commissioner's website at www.dataprotection.gov.uk. You can search for our Data Protection Notification there, should you so wish.
12. Relevant Law
These Terms and Conditions shall be construed in accordance with English law.
