Terms of Service

How Florida Guitar Foundation prefers you use this site

Prelude:

Don’t be a jerk.

Be nice.

No spam.


 

Terms of Use

 

The following terms and conditions govern all use of the Florida Guitar Foundation website and all content, services, and products available at or through the website. The use of this site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Florida Guitar Foundation. You agree that we may automatically upgrade our services on this site, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with Florida Guitar Foundation a registered 501(c)(3).

Please read this Agreement carefully before accessing or using our site and services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Florida Guitar Foundation, acceptance is expressly limited to these terms.

Our services are not directed to children younger than 13, and access and use of our services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our services without parental guardian authorization. Any person who registers as a user or provides their personal information to our services represents that they are 13 years of age or older, or has the appropriate guardian approval to do so.

If or when you register for an account on this website, you will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Responsibility of Contributor

If you operate a blog, comment on a blog, post material to the Florida Guitar Foundation website, post links on the Florida Guitar Foundation website, or otherwise make (or allow any third party to make) material available (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code. By using the Florida Guitar Foundation website, you represent and warrant that your content and conduct do not violate these terms or the User Guidelines. By submitting content to Florida Guitar Foundation website for inclusion on our website, you grant Florida Guitar Foundation a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing, and promoting the Florida Guitar Foundation. This license allows Florida Guitar Foundation to make publicly-posted content available to third parties selected by Florida Guitar Foundation so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Florida Guitar Foundation website users permission to share your content on other websites and Social Media and add their own content to it (aka to reblog your content), so long as they use only a portion of the post content and they give you or Florida Guitar Foundation credit as the original author by linking back to our website. If you delete content, it may remain publicly posted on the Florida Guitar Foundation website, and you acknowledge that caching or references to the content may not be made immediately unavailable.

Without limiting any of those representations or warranties, the Florida Guitar Foundation has the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any Florida Guitar Foundation policy or is in any way harmful or objectionable, or (ii) terminate or deny the use of the Florida Guitar Foundation website to any individual or entity for any reason. Florida Guitar Foundation will have no obligation to provide a refund of any amounts previously paid.

Members

Automatic Renewal

When you purchase membership through PayPal, you have the option for automatic membership renewals. Unless you cancel this renewal through PayPal before the end of the applicable subscription period that you want to cancel (usually one year from the date you purchased membership), your membership will automatically renew and you authorize us to collect the then-applicable annual membership fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you via PayPal. Cancelations may be requested here.

Responsibility of Visitors

By allowing comments, Florida Guitar Foundation has not reviewed all of the material posted to our services and website, and cannot therefore be responsible for that material’s content, use or effects. By operating our as such, Florida Guitar Foundation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Florida Guitar Foundation disclaims any responsibility for any harm resulting from the use by visitors of our website, or from any downloading by those visitors of content there posted. We will otherwise do our best to sheriff and remove such material, in the interest of our members, users, and visitors.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Florida Guitar Foundation links, and that link to Florida Guitar Foundation website. Florida Guitar Foundation does not have any control over those non-Florida Guitar Foundation websites, and is not responsible for their contents or their use. By linking to a non-Florida Guitar Foundation website, Florida Guitar Foundation does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Florida Guitar Foundation disclaims any responsibility for any harm resulting from your use of non-Florida Guitar Foundation websites and webpages.

Copyright Infringement and DMCA Policy

As Florida Guitar Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Florida Guitar Foundation violates your copyright, you are encouraged to notify Florida Guitar Foundation in accordance with the Digital Millennium Copyright Act (“DMCA”). Florida Guitar Foundation will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Florida Guitar Foundation will terminate a visitor’s access to and use of the bebsite if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Florida Guitar Foundation or others. In the case of such termination, Florida Guitar Foundation will have no obligation to provide a refund of any amounts previously paid to Florida Guitar Foundation.

The Florida Guitar Foundation is a registered Non-Profit organization with the purpose of elevating world culture with a focus on education, and as such takes advantage of Fair-Use in copyright claims.

Intellectual Property

This Agreement does not transfer from Florida Guitar Foundation to you any Florida Guitar Foundation or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Florida Guitar Foundation. Florida Guitar Foundation, the Florida Guitar Foundation logo, and all other trademarks, service marks, graphics and logos used in connection with this website or our services, are trademarks or registered trademarks of Florida Guitar Foundation or Florida Guitar Foundation’s partners. Other trademarks, service marks, graphics and logos used in connection with our site and services may be the trademarks of other third parties. Your use of our site and services grants you no right or license to reproduce or otherwise use any Florida Guitar Foundation or third-party trademarks.

Changes to the Terms

We are constantly updating our website and services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will post it here, on this page, and may let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. If you disagree with our changes, then you should stop using our services. Your continued use of our website and services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Termination

Florida Guitar Foundation may terminate your access to all or any part of our services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Florida Guitar Foundation membership (if you have one), you may simply discontinue using our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our services and website are provided “as is.” Florida Guitar Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Florida Guitar Foundation nor its suppliers and licensors, makes any warranty that our services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our services at your own discretion and risk.

Limitation of Liability

In no event will Florida Guitar Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Florida Guitar Foundation under this agreement during the twelve (12) month period prior to the cause of action. Florida Guitar Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Florida Guitar Foundation Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Florida Guitar Foundation reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Florida Guitar Foundation, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Updated Saturday, April 23, 2016

Contact Information

Florida Guitar Foundation welcomes your comments regarding this Statement of Privacy. If you believe that Florida Guitar Foundation has not adhered to this Statement, please contact info@floridaguitarfoundation.org. We will use commercially reasonable efforts to promptly determine and remedy the problem