www.guitartricks.com
Open in
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104.20.19.2
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Submitted URL: http://email2.guitartricks.com/e/c/eyJlbWFpbF9pZCI6IlJOSTFBQUFCZlVzTjFfRFk1Zk80dDZhX0hPRFoiLCJocmVmIjoiaHR0cHM6Ly93d3cuZ3VpdGFy...
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Submission: On November 23 via manual from US — Scanned from DE
Effective URL: https://www.guitartricks.com/trial_upgrade.php?utm_source=customerio&utm_medium=email&utm_campaign=cio_onboard_pathb_2
Submission: On November 23 via manual from US — Scanned from DE
Form analysis 2 forms found in the DOM
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<input aria-label="search site" type="search" name="search" placeholder="Search">
<button class="search-go-button">Go!</button>
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<div class="col">
<div class="terms-holder">
<h2>terms</h2>
<div class="row">
<span class="sing-up">14 Day Free Trial Membership</span>
<span class="sing-up" 100%="" free="" today<="" span="">
<span class="sing-up">Easy Cancel Anytime</span>
<span class="sing-up">Friendly Support Along The Way</span>
</span>
</div>
</div>
</div>
<div class="col">
<h3 style="">Please Read & Agree to the Terms of Service and Privacy Policy</h3>
<div class="show_terms">
<center><b>TERMS OF SERVICE</b></center>
<center>(Revised August 28, 2021)</center>
<br>
<p> Welcome to the Guitar Tricks learning service (referred to herein as either www.guitartricks.com, the “app”, or the "Site"), owned and operated by Guitar Tricks Inc. ('Company"). Subject to the following Terms of Service ("Terms"), Guitar
Tricks provides users of the Site with access to services, including a collection of guitar lessons, guitar and guitar-playing resources, and forums of users and subscribers ("Services"). </p>
<p> We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. In the event of substantive changes to the terms of this Agreement, you will be notified with a notice on the site. If any
modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute
your binding acceptance of the changes. </p>
<b>1. BINDING EFFECT.</b> This is a binding agreement. By using this services provided in connection with the Site, you agree to abide by these Terms, as Company may amend them from time to time in its sole discretion. No one under 13 is
allowed to create an account or use the Services. By using the Services, you state that: <p></p>
<ul>
<li>You can form a binding contract with Company --- meaning that if you're between 13 and 18, your parent or legal guardian has reviewed and agreed to these Terms; and</li>
<li>You will comply with these Terms and all applicable local, state, national and international laws, rules, and regulations.</li>
<li>Special notice regarding Citizens and residents of the European Union: In accordance with the European Union’s General Data Protection Regulation (GDPR), Citizens of the EU who are younger than 16-years-old, while they have the legal
capacity to enter into agreements, shall nevertheless be prohibited from doing so with Company and from using the Services unless consent to use their Personal Data (their personally identifiable information, such as name, email, phone
number, IP address, etc.), which is necessary to effectuate the service agreement herein, is actually given or authorized by the holder of parental responsibility over the child. For more information, visit our Privacy Policy.
(https://www.guitartricks.com/privacy.php)</li>
</ul>
<p>
<b>2. PRIVACY POLICY.</b> Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is
expressly incorporated into this Agreement by this reference.
</p>
<p>
<b>3. COMPANY SERVICES.</b> Company provides three (3) levels of access to the Site and its Services:
</p>
<ul>
<li>Visitor Access. Any visitor to the Site will be able to access only basic information about the Site and the Services of Company.</li>
<li>Registered User Access. Site visitors may register to use the Site by providing basic information to Company, and registered users receive limited access to Site Services.</li>
<li>Subscriber Access ("Full Access"). Registered users may subscribe to "Guitar Tricks Full Access." Subscriber Access requires periodic payments to take and remain in effect. As a subscriber, you agree to pay for the subscription period
selected at the time of purchase. You will receive a confirmation notice upon your original effective date with information about your subscription. You may view current information about your subscription at any time at your account page
(https://www.guitartricks.com/account.php). It is your responsibility to review the notice and your account page to ensure that it accurately reflects the requested subscription period.</li>
</ul>
<p>
<b>4. SUBSCRIPTION - AUTOMATIC RENEWAL AND CANCELLATION POLICIES.</b> If you are a subscriber, you agree that your subscription shall renew automatically, and that you authorize automatic renewal of your subscription until it is cancelled.
You can cancel the automatic renewal of your subscription at any time. To do so, contact us using any of the methods described at www.guitartricks.com/contact.php and provide your account username or account email address. Your account will
be canceled within two (2) business days of receipt and acceptance of your cancellation. Company will refund any payment made within sixty (60) days of the payment date.
</p>
<p>
<b>5. USERNAME/PASSWORD PROTECTION.</b> Upon registering, you will either choose or be given a username and password that will permit you to access the appropriate level of services for the Site. You agree to take all reasonable steps to
protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. You further agree to be the sole user of your username/password and the Services, and to promptly notify Company if this
is not the case.
</p>
<p>
<b>6. USER CONTENT.</b> You hereby grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User
Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of
Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and
reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and
represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
</p>
<p>
<b>7. PROHIBITED USES OF THE SITE AND SERVICE.</b> Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or
Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service,
the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without
limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or
advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) threaten, harass, abuse, slander, defame or otherwise violate the legal
rights (including, without limitation, rights of privacy and publicity) of third parties; (g) publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive,
immoral or otherwise objectionable material or information or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in
providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
</p>
<p> A. Print and Download Restrictions. The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. Company
is obliged under such licenses to disable the user's ability to download and/or print such content. Any attempt by you to circumvent these restrictions is a violation of the Terms and may result in termination of service and appropriate legal
action. </p>
<p>
<b>8. INTELLECTUAL PROPERTY NOTICES.</b> The name "Guitar Tricks" and its logo are trademarks of Company. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Company, our
instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. It is understood that anyone who misappropriates the Company's name or content for commercial use, without the express
permission of the Company, may subject himself to civil or criminal penalties. Similarly, any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing
to do so must first request and receive prior written permission from Company. Note that the use of tablature throughout the Service featuring weighted lines of varying thickness used to represent chord or fretboard diagrams is licensed under
U.S. Patent Number 7,482,525.
</p>
<p>
<b>9. ALLEGED VIOLATIONS.</b> Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that
Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company
does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and
without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
</p>
<p>
<b>10. LINKS.</b> Company welcomes links to its www.guitartricks.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Company. Company often
links to web sites that are not under its control. Company is not responsible for the contents of any linked site or any link contained in a linked site. Company provides links only as a convenience and the inclusion of any link does not
imply endorsement of the web site by Company.
</p>
<p>
<b>11. DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES.</b> Company may change or discontinue any of its Services or its dissemination of the lessons of any instructor, category and type of music, resources and data, and works of
specific contributors, at any time and without notice and without liability to you. Company may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Company, at its sole discretion,
may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Company's Full Access content.
</p>
<p>
<b>12. DISCLAIMER.</b> Please read this Disclaimer carefully before using any of the Services, including subscribing to the Company's Full Access content.
</p>
<p> You understand and agree that the Services available on the site are provided on an "as-is" and "as available" basis. Company hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or
otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and
without any warranty and that such exclusion of warranties is an essential part of the basis on which Company provides the Services. </p>
<p> You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any
damage to you or your computer system or for any loss of data that results from the use of the Services by you. </p>
<p> Company will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring
access to the Services as soon as practical. </p>
<p> With respect to merchandise sold or given as gifts on the Site, any references to their retail or market value represent their "estimated market value." Estimated market value means that reasonable good faith efforts have been made by
Company to determine actual retail value of the merchandise. Given the rarity and unique qualities of the products, and the lack of available and reliable market data, the values represented on the Site are estimates only and should not be
relied upon as true indications of actual retail or market value. </p>
<p>
<b>13. LIMITATION ON LIABILITY.</b> Under no circumstances shall Company be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or
any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or
received, including but not limited to damages for lost profits, even if Company has been advised of the possibility of such damages.
</p>
<p>
<b>14. COPYRIGHT INFRINGEMENT.</b> Company has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the
immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to
investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit,
or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly
infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is
claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably
sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: <br> Benjamin Martin <br> Guitar Tricks Inc <br> 268 Bush St #4400, San Francisco, CA 94104
<br> (855) 394-8482 <br> legal@guitartricks.com
</p>
<p>
<b>15. INDEMNITY.</b> You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or
infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable
assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
</p>
<p>
<b>16. DISPUTE RESOLUTION; ARBITRATION.</b>
</p>
<p> A. Complaint Process. Any individual may bring complaints relating to Company’s use of Personal Data, or any other matter arising under this Privacy Policy, directly to the company by sending notice of the complaint to the Company’s
Consumer Relations Officer at dataprivacy@guitartricks.com. Company shall respond in a reasonable time not to extend beyond 45 days. </p>
<p> B. Good Faith Negotiation; Arbitration. Should a dispute arise between you and Company under this Agreement, we would like to provide both parties with a neutral and cost-effective means of resolving the dispute quickly. Therefore, except
for (i) claims for injunctive or equitable relief, (ii) claims regarding intellectual property rights ((i) and (ii) shall be handled directly by filing the matter with the appropriate State and Federal Courts residing in San Francisco,
California), or (iii) claims involving anything related to Company’s use, retention, or sharing of Personal Data (which shall be handled according to Section 16 of Company’s Privacy Policy), for any claim arising under this Agreement, either
party shall attempt to resolve said dispute first through good faith negotiations. Should that fail, either party may elect to resolve dispute though binding non-appearance-based arbitration under the Commercial Rules of Arbitration of the
American Arbitration Association conducted in San Francisco, California. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone,
online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. </p>
<p> THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL
WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT. </p>
<p> C. No Class Actions. You and Company agree that either of you may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further,
you agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. </p>
<p> D. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. </p>
<p>
<b>17. GENERAL PROVISIONS</b>
</p>
<p> A. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein. </p>
<p> B. Waiver; Severability. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the
commercial intent of the parties. </p>
<p> C. Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the
parties. </p>
<p> D. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by
electronic mail to the addresses provided to and by you upon registration with Company, or as properly updated, or, in the absence of a valid electronic mail address, via any other method Company may elect in its sole discretion, including,
but not limited to, via posting on the Website. </p>
<p> E. Governing Law; Dispute Resolution. This Agreement will be governed and interpreted in accordance with the laws of the State of California applicable to agreements entered into and to be wholly performed in California, without regard to
conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in Arbitration clause above. </p>
<p> F. Rights Cumulative. To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity. </p>
<p> G. Headings. The titles and headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement. </p>
<p> H. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or
entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. </p>
<p> I. Assignment. Company may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining Company's prior written consent. </p>
<p> 18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. </p>
<hr><br>
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<b>PRIVACY POLICY EFFECTIVE DATE: May 17, 2018</b>
</p>
<ol>
<li>
<p>1. INTRODUCTION. GUITAR TRICKS INC. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (“the Site”) and Mobile Applications (“the Apps”), together
referred to herein as “Services.” We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use our Services and to demonstrate our commitment to fair information practices and to the protection of
privacy. This Privacy Policy is only applicable to the Services, and not to any other websites that you may be able to access from the Services, each of which may have data collection, storage, and use practices and policies that differ
materially from this Privacy Policy. </p>
</li>
</ol>
<ol>
<li>
<p>2. DEFINITIONS </p>
<ol>
<li>
<p>a. “Personal Data” and “Personal Identifiable Information” are data about an identified or identifiable individual. Personal Data may include your name, address, telephone number, credit card information, and any other information
that is connected with you and may identify you personally. </p>
</li>
<li>
<p>b. “Processing” of Personal Data means any operation or set of operations which is performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration,
retrieval, consultation, use, disclosure or dissemination, and erasure or destruction. </p>
</li>
<li>
<p>c. “Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data. </p>
</li>
<li>
<p>d. “Agent” or “Processor” means any person or organization that processes Personal Data on Controller’s behalf. </p>
</li>
<li>
<p>e. “Customer” means the subscriber of or visitor to the Company’s Site or Apps, or otherwise accesses the Company’s Services. </p>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<p>3. COMPANY’S LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA. Any use of your Personal Data must be for a lawful purpose. In Company’s case, the Personal Data requested from you (e.g., your name, address, email, billing information,
etc.) is necessary for the entering into and the performance of the lawful contract between Company and you, under which terms, you may use and enjoy the Company’s Services. Company shall also use the information to promote its services
within its subscription base and, with your permission, may share it with third party or affiliate companies interested in marketing similar products to you. </p>
</li>
</ol>
<ol>
<li>
<p>4. COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR). In keeping with Company’s commitment to comply with the various rules and regulations relating to safeguarding and protecting Personal Data it receives
from its customers in the United States, in the European Union, and elsewhere, Company has chosen to undertake a good faith effort to comply the European Union’s GDPR and the obligations it imposes on controllers and processors of EU
Personal Data, and to incorporate the privacy terms required for GDPR compliance herein. </p>
</li>
</ol>
<ol>
<li>
<p>5. COMPLIANCE WITH PRIVACY SHIELD FRAMEWORK. In addition to its efforts to comply with the European Union’s GDPR, Company complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the Switzerland to the United States. Company has certified to the Department of Commerce that it
adheres to the Privacy Shield Principles. Company’s participation in Privacy Shield subjects it so the investigatory powers of the FTC. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles,
the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/</p>
</li>
</ol>
<ol>
<li>
<p>6. PRIVACY PRINCIPLES ADHERED TO BY COMPANY PERSONNEL. Company will ensure that its personnel engaged in the processing of Customer Data and Personal Data (i) will process such data only on instructions from Customer, and (ii) will be
obligated to maintain the confidentiality and security of such data even after their engagement ends. Furthermore, Company hereby complies with Privacy Shield’s Notice Principle which requires Company to inform all participants
of the Services about: </p>
<ol>
<li>
<p>a. Its participation in the Privacy Shield (see Paragraph 5 above)</p>
</li>
<li>
<p>b. The types of personal data collected and the entities or subsidiaries of the organization also adhering to the Principles (see Paragraph 7(a) below)</p>
</li>
<li>
<p>c. Its commitment to subject to the Principles all personal data received from the EU and/or Switzerland in reliance on the Privacy Shield (see Paragraph 5 above)</p>
</li>
<li>
<p>d. The purposes for which it collects and uses personal information about them (see Paragraphs 3 and 7(b) below)</p>
</li>
<li>
<p>e. How to contact the Company with any inquiries or complaints (see Paragraph 17 below)</p>
</li>
<li>
<p>f. The type or identity of third parties to which it discloses personal information, and the purposes for which it does so (see Paragraph 7(d) below)</p>
</li>
<li>
<p>g. The right of individuals to access their personal data (see Paragraph 12 below)</p>
</li>
<li>
<p>h. The choices and means Company offers individuals for limiting the use and disclosure of their personal data (see Paragraph 9 below)</p>
</li>
<li>
<p>i. The independent dispute resolution body designated to address complaints and provide recourse free of charge to the individual, which in this case is an alternative dispute resolution provider based in the U.S. (see Paragraph
17(a) below)</p>
</li>
<li>
<p>j. Company being subject to the investigatory and enforcement powers of the FTC (see Paragraph 5 above).</p>
</li>
<li>
<p>k. The possibility, under certain conditions, for the individual to invoke binding arbitration (see Paragraph 17(b) below)</p>
</li>
<li>
<p>l. The requirement to disclose personal information in response to lawful requests by public authorities (see Paragraph 7(b) below)</p>
</li>
<li>
<p> m. Company’s liability in cases of onward transfers to third parties (see Paragraph 7(b)(ii) below)</p>
</li>
</ol>
<p></p>
</li>
</ol>
<ol>
<li>
<p>7. TYPES AND USES OF INFORMATION COLLECTED </p>
<ol>
<li>
<p>a. Types. </p>
<ol>
<li>
<p>i. TRAFFIC DATA COLLECTED (NON-PERSONAL IDENTIFIABLE INFORMATION). We automatically track and collect the following categories of information when you visit our Services: (1) IP addresses; (2) domain servers; (3) types of
computers accessing the Services; and (4) types of web browsers used to access the Services (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing
purposes or for improving your experience on the Services. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you
do not have to re-enter it each time you visit the Services. </p>
</li>
<li>
<p>ii. PERSONAL IDENTIFIABLE INFORMATION COLLECTED. In order for you to access certain premium, services and to purchase products that we offer via our Services, we require you to provide us with certain information that
personally identifies you. Personal Identifiable Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, e-mail address, and, if you call our “Call for Guitar Help”
service, your phone number); (2) Geographical Information (such as time zones, locales) (3) Financial Data (such as your account or credit card number, your Paypal email address, or your billing address); (4) Demographic Data
(such as your zip code, age, and income); (5) Facebook Profile and ID (we access the first and last names and email address from customer’s public profile information); and Google Account Information (we access the first and
last names and email address from customer’s public profile information) . If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys,
or contest entries, any information provided in such communication may be collected as Personal Information. If you choose to participate in one of our optional marketing research surveys, contests, or other promotional and
marketing events at the site, the demographic information asked for (e.g., name, age, gender, and income level) will be collected and retained by us for marketing purposes as described below. </p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<ol>
<li>
<p>b. Uses. </p>
<ol>
<li>
<p>i. COMPANY USE OF INFORMATION. We act as a “Controller” of information we receive from you in that we use your Contact Data to send you information about our company or our products or services, or to provide you with
promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your
Demographic Data to customize and tailor your experience on the Services, such as displaying content that we think you might be interested in according to demographic data and your expressed preferences. </p>
</li>
<li>
<p>ii. SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you to the following parties for the following purposes: </p>
<ul>
<li>
<p>• We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. </p>
</li>
<li>
<p>• We share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. </p>
</li>
<li>
<p>• We also share Contact Data and Financial Data with our business processing partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation
of the Services. Company may hire such third parties to provide certain limited or ancillary services on its behalf. Customer consents to the engagement of these third parties as Sub-processors. </p>
</li>
<li>
<p>• Contractual obligation of all entities with whom we share Personal Data to adhere to Privacy Principles. Because Company is liable for any breach of personal information it transfers to third parties, by express written
agreement with Company, those third parties shall warrant and represent that they likewise comply with the same Privacy Principles as those required by GDPR and by Privacy Shield, and shall take reasonable and appropriate
measures to protect any shared data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.
</p>
</li>
<li>
<p>• Obligations of our business processing partners only. Our agreement with our business processing partners, or agents, provide that such Personal Data shared may only be processed for limited and specific purposes
consistent with the consent provided by the customer, that they shall comply with the same level of privacy protection as provided by the Company, and that they will otherwise notify Company if the processor can no longer
meet this obligation. In such an event, the agreement will stipulate that the processing partner will immediately cease the processing and shall take other reasonable and that Company shall take appropriate steps to
remediate. The agreement shall further provide that, should an unauthorized breach occur involving their data security systems, our processing partners shall immediately inform Company. </p>
</li>
<li>
<p>• Company may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.</p>
</li>
</ul>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<ol>
<li>
<p>c. Location and Retention of Customer Data. Unless otherwise expressed herein, the Personal Data collected by Company shall be kept in its central server and shall remain only as long as necessary to fulfill the requirements of the
service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer requests its removal. </p>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<ol>
<li>
<p>d. Summary of Data Recipients, Users, Purposes, and Retention Periods. </p>
<table border="0" cellspacing="0" cellpadding="0">
<colgroup>
<col width="141">
<col width="166">
<col width="166">
<col width="135">
</colgroup>
<tbody>
<tr>
<td>
<p>Recipient of Data</p>
</td>
<td>
<p>Data Solicited/Shared</p>
</td>
<td>
<p>Purpose</p>
</td>
<td>
<p>Retention Period</p>
</td>
</tr>
<tr>
<td>
<p>Guitar Tricks</p>
<p>(Originating Controller)</p>
</td>
<td>
<p>Data Solicited:</p>
<p>Personal Information (name; phone number; email; address); Computer information (IP; Browser type); Demographic Information (zip code, age, income); Financial Information (credit card number, PayPal address, billing
address); Geographical information (Locale, Time Zone); Facebook Profile; Google Profile</p>
</td>
<td>
<p>Information is necessary to effectuate the service agreement between Company and customer, for customer support, and to allow Company to promote and market the service within its customer base. Facebook and Google public
profile information are accessed by Company only to record the “name” and “email” of customer, again for effectuating the agreement and for internal marketing.</p>
</td>
<td>
<p>Information shall be retained and used in its central server only as long as necessary to fulfill the requirements of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until
customer requests its removal.</p>
</td>
</tr>
<tr>
<td>
<p>Mobile Advertising, Marketing, and Attribution Networks</p>
</td>
<td>
<p>Data shared:</p>
<p>Personal Information (email); Device information (IP; Device type, in-app events, advertising IDs); Geographical information (Locale, Time Zone);</p>
</td>
<td>
<p>Information is necessary to effectuate the service agreement between Company and customer, for customer support, and to allow Company to promote and market the service within its customer base.</p>
</td>
<td>
<p>Information shall be retained and used in its central server only as long as necessary to fulfill the requirements of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until
customer requests its removal.</p>
</td>
</tr>
</tbody>
</table>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<p>8. DATA BREACH NOTIFICATION. If Company becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data or Personal Data while processed
by Company (each a “Security Incident”), Company will promptly and without undue delay (1) notify Customer of the Security Incident; (2) investigate the Security Incident and provide Customer with detailed information about the Security
Incident; (3) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident. With respect to breach of Personal Data of citizens of the EU, Company shall comply with GDPR requirements and
take immediate steps to notify the supervisory authority “without undue delay” and within 72 hours of discovering the breach, where feasible. Company’s obligation to report or respond to a Security Incident under this section is not an
acknowledgement by Company of any fault or liability with respect to the Security Incident. </p>
</li>
</ol>
<ol>
<li>
<p>9. CUSTOMER’S CHOICES REGARDING USE OF INFORMATION; CUSTOMER’S RIGHT TO OPT-OUT. You may choose not to provide us with any Personal Information. In such an event, you may still access and use much of the Services, however, you will not
be able to access and use those portions of the Services that require your Personal Information. If you do not want us to share your Contact Data with any third parties, please email us at admin@guitartricks.com, or select the “opt out”
box on our online forms. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 11 below. </p>
<ol>
<li>
<p>a. Assignment of Personal Information in the Event of Sale or Change in Business Status. In the event of a sale of the business, or company bankruptcy, we may be required to sell portions of our company or its assets, including the
information collected through the Services. If Company or substantially all of its assets are acquired by a third party, customer information may be one of the assets transferred to the acquirer. It shall be a necessary condition of
any transfer that these privacy policy principles expressed herein shall continue to remain in force. </p>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<p>10. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Customer’s personal payment information (e.g., credit card information) is currently stored with a third-party payment processing company, Braintree or PayPal. We do not store
credit card information on our own service, only on the third-party server “vault.” Except as otherwise provided in this Privacy Policy, we will keep your other personal information private on secure servers and will not share it with
third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. We provide you with the capability to transmit your
Personal Data Information via secured and encrypted channels if you use a similarly equipped web browser. </p>
</li>
</ol>
<ol>
<li>
<p>11. DATA PROTECTION OFFICER. Company has designated a Data Protection Officer (DPO) to regularly monitor and maintain the systems and processes relating to Company’s proper handling of Personal Data Information, and to make sure that
appropriate safeguards be in place to ensure that any processing and retention of Personal Data complies with the GDPR and Privacy Shield requirements. Moreover, the DPO shall be responsible for the record-keeping relating to all
processing activities, for the purposes of demonstrating compliance with GNPR and Privacy Shield, should a compliance audit be requested. </p>
</li>
</ol>
<ol>
<li>
<p>12. PROCESS TO ACCESS, UPDATE, CORRECT, OR ERASE PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile
at <a href="https://www.guitartricks.com/account.php">https://www.guitartricks.com/account.php</a>. Through your personal profile you may: (a) review and update your Personal Information that we have already collected; (b) choose
whether or not you wish us to send you information about our company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties. </p>
</li>
</ol>
<ol>
<li>
<p>13. DATA PORTABILITY. Upon your request, Company shall provide your Personal Data in a machine-readable format, or electronically transmit your Personal Data, directly to another Controller. </p>
</li>
</ol>
<ol>
<li>
<p>14. NOTICE CONCERNING CHILDREN. Our Services are intended for a general audience, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive
nature of children’s privacy online. If we learn or have reason to suspect that a user of our Services is under age 13, we will promptly delete any personal information in that user’s account. Special notice regarding Citizens and
residents of the European Union: Citizens of the EU who are younger than 16-years-old may provide personal information provided consent is actually given or authorized by the holder of parental responsibility over the child. </p>
</li>
</ol>
<ol>
<li>
<p>15. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from
your account and update our records accordingly. </p>
</li>
</ol>
<ol>
<li>
<p>16. PUBLICLY-RELEASED INFORMATION. The Services contain links to other third-party websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news
groups available to you. Please understand that any information you voluntarily disclose in these areas becomes public information and is not our responsibility. Thereafter, you should exercise caution when deciding to disclose your
Personal Information in such venues. </p>
</li>
</ol>
<ol>
<li>
<p>17. DISPUTES REGARDING PERSONAL DATA COMPLAINTS </p>
<ol>
<li>
<p>a. Complaint Process. Company commits to resolve complaintsabout our collection or use of your personal information. Any individual, including EU individualswith inquiries or complaints regarding ouruse of Personal Data,or any
other matter arising under this Privacy Policy, or regarding our Privacy Shield policy should first contact Company’s Consumer Relations Officer at dataprivacy@guitartricks.com. Company shall respond in a reasonable time not to
extend beyond 45 days. Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Guitar Tricks Inc’s internal processes, Guitar Tricks Inc has agreed to participate in the <a href="https://www.verasafe.com/privacy-services/dispute-resolution/privacy-shield-dispute-procedure/">
VeraSafe Privacy Shield Dispute Resolution Procedure</a>. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the
Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: <a href="https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/">
https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
</a> </p>
</li>
<li>
<p>b. Good Faith Negotiation; Arbitration. Should VeraSafe’s services not result in a full and complete settlement of the dispute, either party may then elect to resolve any remaining dispute through a neutral, binding,
non-appearance-based arbitration under the Commercial Rules of Arbitration of the American Arbitration Association conducted in San Francisco, California.The Arbitrator and the parties must comply with the following rules: (a) the
arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. </p>
<p>THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A
JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.</p>
</li>
<li>
<p>c. No Class Actions. You and Company agree that you may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree
that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. </p>
</li>
<li>
<p>d. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred. </p>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<p>18. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Services and
without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Services. </p>
</li>
</ol>
</div>
</div>
<div class="check-holder">
<div style="line-height:1.2em; margin-bottom: 0.6em; font-size: 16px;">Do you agree to our Terms of Service and Privacy Policy, which explain how we collect, store and use your email address and data?</div>
<label style="color:black; display:block;">
<input type="checkbox" id="agree2" name="agree2" value="accept"> Yes, I have read and agree to both. I'm ready to start learning guitar! </label>
<button class="button">start your free trial!</button>
</div>
</div>
</form>Text Content
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GET FREE GUITAR LESSONS!
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TERMS
14 Day Free Trial Membership Easy Cancel Anytime Friendly Support Along The Way
PLEASE READ & AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY
TERMS OF SERVICE (Revised August 28, 2021)
Welcome to the Guitar Tricks learning service (referred to herein as either
www.guitartricks.com, the “app”, or the "Site"), owned and operated by Guitar
Tricks Inc. ('Company"). Subject to the following Terms of Service ("Terms"),
Guitar Tricks provides users of the Site with access to services, including a
collection of guitar lessons, guitar and guitar-playing resources, and forums of
users and subscribers ("Services").
We reserve the right to add, delete and/or modify any of the terms and
conditions contained in this Agreement. In the event of substantive changes to
the terms of this Agreement, you will be notified with a notice on the site. If
any modification is unacceptable to you, your only recourse is to discontinue
use of the Services. Your continued use of the Services following posting of a
change notice or new agreement on the Site or notice to you via e-mail, will
constitute your binding acceptance of the changes.
1. BINDING EFFECT. This is a binding agreement. By using this services provided
in connection with the Site, you agree to abide by these Terms, as Company may
amend them from time to time in its sole discretion. No one under 13 is allowed
to create an account or use the Services. By using the Services, you state that:
* You can form a binding contract with Company --- meaning that if you're
between 13 and 18, your parent or legal guardian has reviewed and agreed to
these Terms; and
* You will comply with these Terms and all applicable local, state, national
and international laws, rules, and regulations.
* Special notice regarding Citizens and residents of the European Union: In
accordance with the European Union’s General Data Protection Regulation
(GDPR), Citizens of the EU who are younger than 16-years-old, while they have
the legal capacity to enter into agreements, shall nevertheless be prohibited
from doing so with Company and from using the Services unless consent to use
their Personal Data (their personally identifiable information, such as name,
email, phone number, IP address, etc.), which is necessary to effectuate the
service agreement herein, is actually given or authorized by the holder of
parental responsibility over the child. For more information, visit our
Privacy Policy. (https://www.guitartricks.com/privacy.php)
2. PRIVACY POLICY. Company respects your privacy and permits you to control the
treatment of your personal information. A complete statement of Company’s
current privacy policy can be found by clicking here. Company’s privacy policy
is expressly incorporated into this Agreement by this reference.
3. COMPANY SERVICES. Company provides three (3) levels of access to the Site and
its Services:
* Visitor Access. Any visitor to the Site will be able to access only basic
information about the Site and the Services of Company.
* Registered User Access. Site visitors may register to use the Site by
providing basic information to Company, and registered users receive limited
access to Site Services.
* Subscriber Access ("Full Access"). Registered users may subscribe to "Guitar
Tricks Full Access." Subscriber Access requires periodic payments to take and
remain in effect. As a subscriber, you agree to pay for the subscription
period selected at the time of purchase. You will receive a confirmation
notice upon your original effective date with information about your
subscription. You may view current information about your subscription at any
time at your account page (https://www.guitartricks.com/account.php). It is
your responsibility to review the notice and your account page to ensure that
it accurately reflects the requested subscription period.
4. SUBSCRIPTION - AUTOMATIC RENEWAL AND CANCELLATION POLICIES. If you are a
subscriber, you agree that your subscription shall renew automatically, and that
you authorize automatic renewal of your subscription until it is cancelled. You
can cancel the automatic renewal of your subscription at any time. To do so,
contact us using any of the methods described at
www.guitartricks.com/contact.php and provide your account username or account
email address. Your account will be canceled within two (2) business days of
receipt and acceptance of your cancellation. Company will refund any payment
made within sixty (60) days of the payment date.
5. USERNAME/PASSWORD PROTECTION. Upon registering, you will either choose or be
given a username and password that will permit you to access the appropriate
level of services for the Site. You agree to take all reasonable steps to
protect and ensure the accuracy of any login, password or payment information
provided in connection with the Services. You further agree to be the sole user
of your username/password and the Services, and to promptly notify Company if
this is not the case.
6. USER CONTENT. You hereby grant Company a license to use the materials you
post to the Site or Service. By posting, downloading, displaying, performing,
transmitting, or otherwise distributing information or other content (“User
Content”) to the Site or Service, you are granting Company, its affiliates,
officers, directors, employees, consultants, agents, and representatives a
license to use User Content in connection with the operation of the Internet
business of Company, its affiliates, officers, directors, employees,
consultants, agents, and representatives, including without limitation, a right
to copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat User Content. You will not be compensated for any
User Content. You agree that Company may publish or otherwise disclose your name
in connection with your User Content. By posting User Content on the Site or
Service, you warrant and represent that you own the rights to the User Content
or are otherwise authorized to post, distribute, display, perform, transmit, or
otherwise distribute User Content.
7. PROHIBITED USES OF THE SITE AND SERVICE. Company imposes certain restrictions
on your permissible use of the Site and the Service. You are prohibited from
violating or attempting to violate any security features of the Site or Service,
including, without limitation, (a) accessing content or data not intended for
you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Service, the
Site, or any associated system or network, or to breach security or
authentication measures without proper authorization; (c) interfering or
attempting to interfere with service to any user, host, or network, including,
without limitation, by means of submitting a virus to the Site or Service,
overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using
the Site or Service to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services; (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or in any
posting using the Service; (f) threaten, harass, abuse, slander, defame or
otherwise violate the legal rights (including, without limitation, rights of
privacy and publicity) of third parties; (g) publish, distribute or disseminate
any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious,
indecent, unlawful, offensive, immoral or otherwise objectionable material or
information or (h) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to a human-perceivable
form any of the source code used by Company in providing the Site or Service.
Any violation of system or network security may subject you to civil and/or
criminal liability.
A. Print and Download Restrictions. The Site may at times contain proprietary
and original material licensed from Third Parties. The terms under these
licenses may prohibit the downloading and/or printing of such material by users.
Company is obliged under such licenses to disable the user's ability to download
and/or print such content. Any attempt by you to circumvent these restrictions
is a violation of the Terms and may result in termination of service and
appropriate legal action.
8. INTELLECTUAL PROPERTY NOTICES. The name "Guitar Tricks" and its logo are
trademarks of Company. The Site contains proprietary, original material that is
protected by U.S. copyright and international treaties. Company, our instructors
and our licensors retain all intellectual property rights with respect to such
proprietary, original material. It is understood that anyone who misappropriates
the Company's name or content for commercial use, without the express permission
of the Company, may subject himself to civil or criminal penalties. Similarly,
any commercial publication or exploitation of the Services or any content
provided in connection therewith is specifically prohibited and anyone wishing
to do so must first request and receive prior written permission from Company.
Note that the use of tablature throughout the Service featuring weighted lines
of varying thickness used to represent chord or fretboard diagrams is licensed
under U.S. Patent Number 7,482,525.
9. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the
Service and/or the Site. To ensure that Company provides a high quality
experience for you and for other users of the Site and the Service, you agree
that Company or its representatives may access your account and records on a
case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the Site or
the Service. Company does not intend to disclose the existence or occurrence of
such an investigation unless required by law, but Company reserves the right to
terminate your account or your access to the Site immediately, with or without
notice to you, and without liability to you, if Company believes that you have
violated any of the Terms of Use, furnished Company with false or misleading
information, or interfered with use of the Site or the Service by others.
10. LINKS. Company welcomes links to its www.guitartricks.com web site. You are
free to establish a hypertext link to this Site provided that the link does not
state or imply any sponsorship or endorsement by Company. Company often links to
web sites that are not under its control. Company is not responsible for the
contents of any linked site or any link contained in a linked site. Company
provides links only as a convenience and the inclusion of any link does not
imply endorsement of the web site by Company.
11. DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES. Company may
change or discontinue any of its Services or its dissemination of the lessons of
any instructor, category and type of music, resources and data, and works of
specific contributors, at any time and without notice and without liability to
you. Company may change or eliminate any transmission method and may change
transmission speeds or other signal characteristics. Company, at its sole
discretion, may occasionally make modifications to the Site, its servers, and
the information, resources and data contained therein, including the Services
and/or Company's Full Access content.
12. DISCLAIMER. Please read this Disclaimer carefully before using any of the
Services, including subscribing to the Company's Full Access content.
You understand and agree that the Services available on the site are provided on
an "as-is" and "as available" basis. Company hereby disclaims any and all
warranties with respect to the Services, whether express, implied, statutory or
otherwise, including any implied warranties of fitness for a particular purpose,
merchantability, accuracy, title and non-infringement. In connection with the
foregoing you expressly agree that use of this site is at your sole risk and
without any warranty and that such exclusion of warranties is an essential part
of the basis on which Company provides the Services.
You expressly agree that use of the Services, including all lessons and content
distributed by, downloaded or accessed from or through this Site, is at your
sole risk. You understand and agree that you will be solely responsible for any
damage to you or your computer system or for any loss of data that results from
the use of the Services by you.
Company will make all reasonable efforts to have the Services available on a
24-hour basis, excluding normal network administration and system down time, but
if access is suspended or interrupted, liability will be limited to restoring
access to the Services as soon as practical.
With respect to merchandise sold or given as gifts on the Site, any references
to their retail or market value represent their "estimated market value."
Estimated market value means that reasonable good faith efforts have been made
by Company to determine actual retail value of the merchandise. Given the rarity
and unique qualities of the products, and the lack of available and reliable
market data, the values represented on the Site are estimates only and should
not be relied upon as true indications of actual retail or market value.
13. LIMITATION ON LIABILITY. Under no circumstances shall Company be liable,
whether alleged as a breach of contract, tort (including negligence and strict
liability), equity or otherwise, for any cost of cover or substitute service or
any indirect, incidental, special or consequential damages arising from or in
connection with the use the Services, or resulting from unauthorized access to
or alteration of transmissions of lessons or of other information that is sent
or received, including but not limited to damages for lost profits, even if
Company has been advised of the possibility of such damages.
14. COPYRIGHT INFRINGEMENT. Company has in place certain legally-mandated
procedures regarding allegations of copyright infringement occurring on the Site
or with the Service. Company has adopted a policy that provides for the
immediate suspension and/or termination of any Site or Service user who is found
to have infringed on the rights of Company or of a third party, or otherwise
violated any intellectual property laws or regulations. Company’s policy is to
investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the
rights of a third party have been violated and you want Company to delete, edit,
or disable the material in question, you must provide Company with all of the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the
material that is claimed to be infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Company to locate the material; (d)
information reasonably sufficient to permit Company to contact you, such as an
address, telephone number, and if available, an electronic mail address at which
you may be contacted; (e) a statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company’s
designated agent at:
Benjamin Martin
Guitar Tricks Inc
268 Bush St #4400, San Francisco, CA 94104
(855) 394-8482
legal@guitartricks.com
15. INDEMNITY. You agree to indemnify Company for certain of your acts and
omissions. You agree to indemnify, defend, and hold harmless Company, its
affiliates, officers, directors, employees, consultants, agents, and
representatives from any and all third party claims, losses, liability, damages,
and/or costs (including reasonable attorney fees and costs) arising from your
access to or use of the Site, your violation of these Terms of Use, or your
infringement, or infringement by any other user of your account, of any
intellectual property or other right of any person or entity. Company will
notify you promptly of any such claim, loss, liability, or demand, and will
provide you with reasonable assistance, at your expense, in defending any such
claim, loss, liability, damage, or cost.
16. DISPUTE RESOLUTION; ARBITRATION.
A. Complaint Process. Any individual may bring complaints relating to Company’s
use of Personal Data, or any other matter arising under this Privacy Policy,
directly to the company by sending notice of the complaint to the Company’s
Consumer Relations Officer at dataprivacy@guitartricks.com. Company shall
respond in a reasonable time not to extend beyond 45 days.
B. Good Faith Negotiation; Arbitration. Should a dispute arise between you and
Company under this Agreement, we would like to provide both parties with a
neutral and cost-effective means of resolving the dispute quickly. Therefore,
except for (i) claims for injunctive or equitable relief, (ii) claims regarding
intellectual property rights ((i) and (ii) shall be handled directly by filing
the matter with the appropriate State and Federal Courts residing in San
Francisco, California), or (iii) claims involving anything related to Company’s
use, retention, or sharing of Personal Data (which shall be handled according to
Section 16 of Company’s Privacy Policy), for any claim arising under this
Agreement, either party shall attempt to resolve said dispute first through good
faith negotiations. Should that fail, either party may elect to resolve dispute
though binding non-appearance-based arbitration under the Commercial Rules of
Arbitration of the American Arbitration Association conducted in San Francisco,
California. The Arbitrator and the parties must comply with the following rules:
(a) the arbitration will be conducted, at the option of the party seeking
relief, by telephone, online or based solely on written submissions; (b) the
arbitration will not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and (c) any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION
AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL
OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A
JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO
OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF
TERMS AND CONDITIONS OF THIS AGREEMENT.
C. No Class Actions. You and Company agree that either of you may bring claims
against the other only in your or its individual capacity and not as a plaintiff
or class member in any purported class or representative proceeding. Further,
you agree that the arbitrator may not consolidate proceedings of more than one
person’s claims and may not otherwise preside over any form of a representative
or class proceeding.
D. Cause of Action. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Services or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
17. GENERAL PROVISIONS
A. Entire Agreement. This Agreement contains the entire understanding of the
parties relating to the subject matter hereof. This Agreement cannot be changed
or modified except as provided herein.
B. Waiver; Severability. A waiver by either party of any term or condition of
this Agreement will not be deemed or construed as a waiver of such term or
condition, or of any subsequent breach thereof. If any provision of this
Agreement is determined by a court of competent jurisdiction to be
unenforceable, such determination shall not affect any other provision hereof,
and the unenforceable provision shall be replaced by an enforceable provision
that most closely meets the commercial intent of the parties.
C. Binding Effect. This Agreement will be binding on the assigns, heirs,
executors, affiliates, agents, personal representatives, administrators, and
successors (whether through merger, operation of law, or otherwise) of each of
the parties.
D. Notice. Any notice, approval, request, authorization, direction or other
communication under this Agreement shall be given in writing and shall be deemed
to have been delivered and given for all purposes on the delivery date if sent
by electronic mail to the addresses provided to and by you upon registration
with Company, or as properly updated, or, in the absence of a valid electronic
mail address, via any other method Company may elect in its sole discretion,
including, but not limited to, via posting on the Website.
E. Governing Law; Dispute Resolution. This Agreement will be governed and
interpreted in accordance with the laws of the State of California applicable to
agreements entered into and to be wholly performed in California, without regard
to conflict of laws principles. Any and all disputes arising out of this
Agreement shall be resolved in the manner set forth in Arbitration clause above.
F. Rights Cumulative. To the extent permitted by applicable law, the rights and
remedies of the parties provided under this Agreement are cumulative and are in
addition to any other rights and remedies of the parties at law or equity.
G. Headings. The titles and headings used in this Agreement are for convenience
only and are not to be considered in construing or interpreting this Agreement.
H. No Third Party Beneficiaries. This Agreement is for the sole benefit of the
parties hereto and their authorized successors and permitted assigns. Nothing
herein, express or implied, is intended to or shall confer upon any person or
entity, other than the parties hereto and their authorized successors and
permitted assigns, any legal or equitable right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.
I. Assignment. Company may assign its rights and obligations under this
Agreement at any time to any party. You may not assign your rights and/or
obligations under this Agreement without obtaining Company's prior written
consent.
18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
--------------------------------------------------------------------------------
PRIVACY POLICY EFFECTIVE DATE: May 17, 2018
1. 1. INTRODUCTION. GUITAR TRICKS INC. (“us,” “we,” or “Company”) is committed
to respecting the privacy rights of its customers, visitors, and other users
of the Company Website (“the Site”) and Mobile Applications (“the Apps”),
together referred to herein as “Services.” We created this Privacy Policy
(“Privacy Policy”) to give you confidence as you visit and use our Services
and to demonstrate our commitment to fair information practices and to the
protection of privacy. This Privacy Policy is only applicable to the
Services, and not to any other websites that you may be able to access from
the Services, each of which may have data collection, storage, and use
practices and policies that differ materially from this Privacy Policy.
1. 2. DEFINITIONS
1. a. “Personal Data” and “Personal Identifiable Information” are data about
an identified or identifiable individual. Personal Data may include your
name, address, telephone number, credit card information, and any other
information that is connected with you and may identify you personally.
2. b. “Processing” of Personal Data means any operation or set of operations
which is performed upon Personal Data, whether or not by automated means,
such as collection, recording, organization, storage, adaptation or
alteration, retrieval, consultation, use, disclosure or dissemination,
and erasure or destruction.
3. c. “Controller” means a person or organization which, alone or jointly
with others, determines the purposes and means of the processing of
Personal Data.
4. d. “Agent” or “Processor” means any person or organization that processes
Personal Data on Controller’s behalf.
5. e. “Customer” means the subscriber of or visitor to the Company’s Site or
Apps, or otherwise accesses the Company’s Services.
1. 3. COMPANY’S LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA. Any use of your
Personal Data must be for a lawful purpose. In Company’s case, the Personal
Data requested from you (e.g., your name, address, email, billing
information, etc.) is necessary for the entering into and the performance of
the lawful contract between Company and you, under which terms, you may use
and enjoy the Company’s Services. Company shall also use the information to
promote its services within its subscription base and, with your permission,
may share it with third party or affiliate companies interested in marketing
similar products to you.
1. 4. COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION
(GDPR). In keeping with Company’s commitment to comply with the various
rules and regulations relating to safeguarding and protecting Personal Data
it receives from its customers in the United States, in the European Union,
and elsewhere, Company has chosen to undertake a good faith effort to comply
the European Union’s GDPR and the obligations it imposes on controllers and
processors of EU Personal Data, and to incorporate the privacy terms
required for GDPR compliance herein.
1. 5. COMPLIANCE WITH PRIVACY SHIELD FRAMEWORK. In addition to its efforts to
comply with the European Union’s GDPR, Company complies with the EU-U.S.
Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set
forth by the U.S. Department of Commerce regarding the collection, use, and
retention of personal information transferred from the European Union and
the Switzerland to the United States. Company has certified to the
Department of Commerce that it adheres to the Privacy Shield Principles.
Company’s participation in Privacy Shield subjects it so the investigatory
powers of the FTC. If there is any conflict between the terms in this
privacy policy and the Privacy Shield Principles, the Privacy Shield
Principles shall govern. To learn more about the Privacy Shield program, and
to view our certification, please visit https://www.privacyshield.gov/
1. 6. PRIVACY PRINCIPLES ADHERED TO BY COMPANY PERSONNEL. Company will ensure
that its personnel engaged in the processing of Customer Data and Personal
Data (i) will process such data only on instructions from Customer, and (ii)
will be obligated to maintain the confidentiality and security of such data
even after their engagement ends. Furthermore, Company hereby complies
with Privacy Shield’s Notice Principle which requires Company to inform all
participants of the Services about:
1. a. Its participation in the Privacy Shield (see Paragraph 5 above)
2. b. The types of personal data collected and the entities or subsidiaries
of the organization also adhering to the Principles (see Paragraph 7(a)
below)
3. c. Its commitment to subject to the Principles all personal data
received from the EU and/or Switzerland in reliance on the Privacy
Shield (see Paragraph 5 above)
4. d. The purposes for which it collects and uses personal information
about them (see Paragraphs 3 and 7(b) below)
5. e. How to contact the Company with any inquiries or complaints (see
Paragraph 17 below)
6. f. The type or identity of third parties to which it discloses personal
information, and the purposes for which it does so (see Paragraph 7(d)
below)
7. g. The right of individuals to access their personal data (see Paragraph
12 below)
8. h. The choices and means Company offers individuals for limiting the use
and disclosure of their personal data (see Paragraph 9 below)
9. i. The independent dispute resolution body designated to address
complaints and provide recourse free of charge to the individual, which
in this case is an alternative dispute resolution provider based in the
U.S. (see Paragraph 17(a) below)
10. j. Company being subject to the investigatory and enforcement powers of
the FTC (see Paragraph 5 above).
11. k. The possibility, under certain conditions, for the individual to
invoke binding arbitration (see Paragraph 17(b) below)
12. l. The requirement to disclose personal information in response to
lawful requests by public authorities (see Paragraph 7(b) below)
13. m. Company’s liability in cases of onward transfers to third parties
(see Paragraph 7(b)(ii) below)
1. 7. TYPES AND USES OF INFORMATION COLLECTED
1. a. Types.
1. i. TRAFFIC DATA COLLECTED (NON-PERSONAL IDENTIFIABLE INFORMATION). We
automatically track and collect the following categories of
information when you visit our Services: (1) IP addresses; (2) domain
servers; (3) types of computers accessing the Services; and (4) types
of web browsers used to access the Services (collectively “Traffic
Data”). Traffic Data is anonymous information that does not personally
identify you but is helpful for marketing purposes or for improving
your experience on the Services. We also use “cookies” to customize
content specific to your interests, to ensure that you do not see the
same advertisement repeatedly, and to store your password so you do
not have to re-enter it each time you visit the Services.
2. ii. PERSONAL IDENTIFIABLE INFORMATION COLLECTED. In order for you to
access certain premium, services and to purchase products that we
offer via our Services, we require you to provide us with certain
information that personally identifies you. Personal Identifiable
Information includes the following categories of information: (1)
Contact Data (such as your name, mailing address, e-mail address, and,
if you call our “Call for Guitar Help” service, your phone number);
(2) Geographical Information (such as time zones, locales) (3)
Financial Data (such as your account or credit card number, your
Paypal email address, or your billing address); (4) Demographic Data
(such as your zip code, age, and income); (5) Facebook Profile and ID
(we access the first and last names and email address from customer’s
public profile information); and Google Account Information (we access
the first and last names and email address from customer’s public
profile information) . If you communicate with us by e-mail, post
messages to any of our chat groups, bulletin boards, or forums, or
otherwise complete online forms, surveys, or contest entries, any
information provided in such communication may be collected as
Personal Information. If you choose to participate in one of our
optional marketing research surveys, contests, or other promotional
and marketing events at the site, the demographic information asked
for (e.g., name, age, gender, and income level) will be collected and
retained by us for marketing purposes as described below.
1. 1. b. Uses.
1. i. COMPANY USE OF INFORMATION. We act as a “Controller” of information
we receive from you in that we use your Contact Data to send you
information about our company or our products or services, or to
provide you with promotional material from some of our partners, or to
contact you when necessary. We use your Financial Data to verify your
qualifications for certain products or services and to bill you for
products and services. We use your Demographic Data to customize and
tailor your experience on the Services, such as displaying content
that we think you might be interested in according to demographic data
and your expressed preferences.
2. ii. SHARING OF PERSONAL INFORMATION. We share certain categories of
information we collect from you to the following parties for the
following purposes:
* • We share Demographic Data with advertisers and other third parties
only on an aggregate (i.e., non-personally-identifiable) basis.
* • We share Contact Data with other companies who may want to send
you information about their products or services, unless you have
specifically requested that we not share Contact Data with such
companies.
* • We also share Contact Data and Financial Data with our business
processing partners who assist us by performing core services (such
as hosting, billing, fulfillment, or data storage and security)
related to our operation of the Services. Company may hire such
third parties to provide certain limited or ancillary services on
its behalf. Customer consents to the engagement of these third
parties as Sub-processors.
* • Contractual obligation of all entities with whom we share Personal
Data to adhere to Privacy Principles. Because Company is liable for
any breach of personal information it transfers to third parties, by
express written agreement with Company, those third parties shall
warrant and represent that they likewise comply with the same
Privacy Principles as those required by GDPR and by Privacy Shield,
and shall take reasonable and appropriate measures to protect any
shared data from loss, misuse and unauthorized access, disclosure,
alteration and destruction, taking into due account the risks
involved in the processing and the nature of the Personal Data.
* • Obligations of our business processing partners only. Our
agreement with our business processing partners, or agents, provide
that such Personal Data shared may only be processed for limited and
specific purposes consistent with the consent provided by the
customer, that they shall comply with the same level of privacy
protection as provided by the Company, and that they will otherwise
notify Company if the processor can no longer meet this obligation.
In such an event, the agreement will stipulate that the processing
partner will immediately cease the processing and shall take other
reasonable and that Company shall take appropriate steps to
remediate. The agreement shall further provide that, should an
unauthorized breach occur involving their data security systems, our
processing partners shall immediately inform Company.
* • Company may be required to disclose personal information in
response to lawful requests by public authorities, including to meet
national security or law enforcement requirements.
1. 1. c. Location and Retention of Customer Data. Unless otherwise expressed
herein, the Personal Data collected by Company shall be kept in its
central server and shall remain only as long as necessary to fulfill the
requirements of the service agreement between Company and customer, or,
with customer’s approval, in perpetuity, until customer requests its
removal.
1. 1. d. Summary of Data Recipients, Users, Purposes, and Retention Periods.
Recipient of Data
Data Solicited/Shared
Purpose
Retention Period
Guitar Tricks
(Originating Controller)
Data Solicited:
Personal Information (name; phone number; email; address); Computer
information (IP; Browser type); Demographic Information (zip code, age,
income); Financial Information (credit card number, PayPal address,
billing address); Geographical information (Locale, Time Zone); Facebook
Profile; Google Profile
Information is necessary to effectuate the service agreement between
Company and customer, for customer support, and to allow Company to
promote and market the service within its customer base. Facebook and
Google public profile information are accessed by Company only to record
the “name” and “email” of customer, again for effectuating the agreement
and for internal marketing.
Information shall be retained and used in its central server only as long
as necessary to fulfill the requirements of the service agreement between
Company and customer, or, with customer’s approval, in perpetuity, until
customer requests its removal.
Mobile Advertising, Marketing, and Attribution Networks
Data shared:
Personal Information (email); Device information (IP; Device type, in-app
events, advertising IDs); Geographical information (Locale, Time Zone);
Information is necessary to effectuate the service agreement between
Company and customer, for customer support, and to allow Company to
promote and market the service within its customer base.
Information shall be retained and used in its central server only as long
as necessary to fulfill the requirements of the service agreement between
Company and customer, or, with customer’s approval, in perpetuity, until
customer requests its removal.
1. 8. DATA BREACH NOTIFICATION. If Company becomes aware of a breach of
security leading to the accidental or unlawful destruction, loss,
alteration, unauthorized disclosure of, or access to Customer Data or
Personal Data while processed by Company (each a “Security Incident”),
Company will promptly and without undue delay (1) notify Customer of the
Security Incident; (2) investigate the Security Incident and provide
Customer with detailed information about the Security Incident; (3) take
reasonable steps to mitigate the effects and to minimize any damage
resulting from the Security Incident. With respect to breach of Personal
Data of citizens of the EU, Company shall comply with GDPR requirements and
take immediate steps to notify the supervisory authority “without undue
delay” and within 72 hours of discovering the breach, where feasible.
Company’s obligation to report or respond to a Security Incident under this
section is not an acknowledgement by Company of any fault or liability with
respect to the Security Incident.
1. 9. CUSTOMER’S CHOICES REGARDING USE OF INFORMATION; CUSTOMER’S RIGHT TO
OPT-OUT. You may choose not to provide us with any Personal Information. In
such an event, you may still access and use much of the Services, however,
you will not be able to access and use those portions of the Services that
require your Personal Information. If you do not want us to share your
Contact Data with any third parties, please email us at
admin@guitartricks.com, or select the “opt out” box on our online forms. In
addition, we maintain a procedure for you to review and request changes to
your Personal Information; this procedure is described in Section 11 below.
1. a. Assignment of Personal Information in the Event of Sale or Change in
Business Status. In the event of a sale of the business, or company
bankruptcy, we may be required to sell portions of our company or its
assets, including the information collected through the Services. If
Company or substantially all of its assets are acquired by a third party,
customer information may be one of the assets transferred to the
acquirer. It shall be a necessary condition of any transfer that these
privacy policy principles expressed herein shall continue to remain in
force.
1. 10. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Customer’s
personal payment information (e.g., credit card information) is currently
stored with a third-party payment processing company, Braintree or PayPal.
We do not store credit card information on our own service, only on the
third-party server “vault.” Except as otherwise provided in this Privacy
Policy, we will keep your other personal information private on secure
servers and will not share it with third parties, unless such disclosure is
necessary to: (a) comply with a court order or other legal process; (b)
protect our rights or property; or (c) enforce our Terms of Service. We
provide you with the capability to transmit your Personal Data Information
via secured and encrypted channels if you use a similarly equipped web
browser.
1. 11. DATA PROTECTION OFFICER. Company has designated a Data Protection
Officer (DPO) to regularly monitor and maintain the systems and processes
relating to Company’s proper handling of Personal Data Information, and to
make sure that appropriate safeguards be in place to ensure that any
processing and retention of Personal Data complies with the GDPR and Privacy
Shield requirements. Moreover, the DPO shall be responsible for the
record-keeping relating to all processing activities, for the purposes of
demonstrating compliance with GNPR and Privacy Shield, should a compliance
audit be requested.
1. 12. PROCESS TO ACCESS, UPDATE, CORRECT, OR ERASE PERSONAL INFORMATION. We
maintain a procedure in order to help you confirm that your Personal
Information remains correct and up-to-date. At any time, you may visit your
personal profile at https://www.guitartricks.com/account.php. Through your
personal profile you may: (a) review and update your Personal Information
that we have already collected; (b) choose whether or not you wish us to
send you information about our company, or promotional material from some of
our partners; and/or (c) choose whether or not you wish for us to share your
Personal Information with third parties.
1. 13. DATA PORTABILITY. Upon your request, Company shall provide your Personal
Data in a machine-readable format, or electronically transmit your Personal
Data, directly to another Controller.
1. 14. NOTICE CONCERNING CHILDREN. Our Services are intended for a general
audience, and we do not direct any of our content specifically at children
under 13 years of age. We understand and are committed to respecting the
sensitive nature of children’s privacy online. If we learn or have reason to
suspect that a user of our Services is under age 13, we will promptly delete
any personal information in that user’s account. Special notice regarding
Citizens and residents of the European Union: Citizens of the EU who are
younger than 16-years-old may provide personal information provided consent
is actually given or authorized by the holder of parental responsibility
over the child.
1. 15. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit
card, user name, or password is lost, stolen, or used without permission. In
such an event, we will remove that credit card number, user name, or
password from your account and update our records accordingly.
1. 16. PUBLICLY-RELEASED INFORMATION. The Services contain links to other
third-party websites. We are not responsible for the privacy practices or
the content of such websites. We also make chat rooms, forums, message
boards, and news groups available to you. Please understand that any
information you voluntarily disclose in these areas becomes public
information and is not our responsibility. Thereafter, you should exercise
caution when deciding to disclose your Personal Information in such venues.
1. 17. DISPUTES REGARDING PERSONAL DATA COMPLAINTS
1. a. Complaint Process. Company commits to resolve complaintsabout our
collection or use of your personal information. Any individual, including
EU individualswith inquiries or complaints regarding ouruse of Personal
Data,or any other matter arising under this Privacy Policy, or regarding
our Privacy Shield policy should first contact Company’s Consumer
Relations Officer at dataprivacy@guitartricks.com. Company shall respond
in a reasonable time not to extend beyond 45 days. Within the scope of
this privacy notice, if a privacy complaint or dispute cannot be resolved
through Guitar Tricks Inc’s internal processes, Guitar Tricks Inc has
agreed to participate in the VeraSafe Privacy Shield Dispute Resolution
Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute
Resolution Procedure, VeraSafe will provide appropriate recourse free of
charge to you. To file a complaint with VeraSafe under the Privacy Shield
Dispute Resolution Procedure, please submit the required information to
VeraSafe here:
https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
2. b. Good Faith Negotiation; Arbitration. Should VeraSafe’s services not
result in a full and complete settlement of the dispute, either party may
then elect to resolve any remaining dispute through a neutral, binding,
non-appearance-based arbitration under the Commercial Rules of
Arbitration of the American Arbitration Association conducted in San
Francisco, California.The Arbitrator and the parties must comply with the
following rules: (a) the arbitration will be conducted, at the option of
the party seeking relief, by telephone, online or based solely on written
submissions; (b) the arbitration will not involve any personal appearance
by the parties or witnesses unless otherwise mutually agreed by the
parties; and (c) any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION
AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY
TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS
RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY
MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR
PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
3. c. No Class Actions. You and Company agree that you may bring claims
against the other only in your individual capacity and not as a plaintiff
or class member in any purported class or representative proceeding.
Further, you agree that the arbitrator may not consolidate proceedings of
more than one person’s claims and may not otherwise preside over any form
of a representative or class proceeding.
4. d. Cause of Action. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
1. 18. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time
and without notice, to add to, change, update, or modify this Privacy
Policy, simply by posting such change, update, or modification on the
Services and without any other notice to you. Any such change, update, or
modification will be effective immediately upon posting on the Services.
Do you agree to our Terms of Service and Privacy Policy, which explain how we
collect, store and use your email address and data?
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