Last Updated: July 26, 2013
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms, Purchase Terms or other terms and guidelines contained within any particular section of the Sites or with any terms included with any product or service purchased from us, then these TOU shall control.
The Sites are intended for a general audience aged thirteen (13) years and older. If you are under the age of 13, you are prohibited from using the Sites. Please ask your parent or guardian to visit the Sites with you using their computer account and with them present. If you are under (18) years of age, you may only conduct financial transactions/purchases through the Sites with the permission of your parent or guardian. Please visit the Sites with your parent or guardian so that they may make any transactions you and they may desire.
Ownership of Sites/Acceptance of TOU
Site Licenses and Access
Subject to these TOU, when you make purchases of goods or services through the Sites, those purchases may be subject to additional purchase terms (“Purchase Terms”) to which you must agree before making a purchase.
Forums are provided for registered Members to interact with one another and, potentially, with Tom Hess Music Corporation. The Forums are intended as a safe place to go to discuss guitar, music, culture and your experiences in music. By participating in the Forum(s), you expressly agree to be bound by and abide by the Forum Rules.
No Unlawful or Prohibited Use
As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not use automated means of any kind to manipulate Tom Hess Music Corporation data, information or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the Sites for any purpose. You may not decompile, dissemble, reverse engineer, copy, create derivative works or display any of the Sites’ or Tom Hess Music Corporation’s software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: content of an illegal nature (including content that violates third party intellectual property rights), pirated software (or software sites), content that facilitates “hacking” or “cracking”, content with the sole purpose of causing harm or inciting hate, or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites.
Without limitation, bullying, harassment, obscene or lewd content, pretexting and illegal conduct of any kind are strictly prohibited. Company reserves the right, without notice, to terminate the account of any Member engaging in such conduct on or through the Sites.
Tom Hess Music Corporation reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites or Member who violates any of the above, including, without limitation, the Forum Rules. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees.
Personal Non-Commercial Use Limitation
Unless otherwise specified, the Sites are for your personal, educational and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, services or Member Services obtained from the Sites.
Modification of the TOU
Tom Hess Music Corporation reserves the right to change the terms, conditions, and notices concerning your use of the Sites without notice. You are responsible for regularly reviewing these TOU and the Additional Terms posted on the Sites. We will always post the date that the TOU and/or the Additional Terms were last revised. Your continued use of the Sites constitutes your continued agreement to all such terms, conditions, and notices.
Termination of Access
The Tom Hess Music Corporation reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites, or any portion thereof, at any time without notice.
Material Provided to the Company
If you submit any materials, feedback, your original content, or other communications (collectively, “Submission”) to the Sites or to the Tom Hess Music Corporation, you grant the Tom Hess Music Corporation and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Tom Hess Music Corporation is under no obligation to post or use any Submission that you provide and the Tom Hess Music Corporation may remove any Submission at any time in its sole discretion.
Copyrights and Trademarks
Member Account, Password, and Security
Certain users and affiliates of the Tom Hess Music Corporation may receive a password from the Tom Hess Music Corporation to access certain information on the Sites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Tom Hess Music Corporation of any unauthorized use of your account or any other breach of security. The Tom Hess Music Corporation will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by the Tom Hess Music Corporation or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and the Tom Hess Music Corporation.
Links to Third Party Websites
Disclaimer of Warranties and Limitation of Liability
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. THE TOM HESS MUSIC CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.
THE TOM HESS MUSIC CORPORATION AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE TOM HESS MUSIC CORPORATION AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE TOM HESS MUSIC CORPORATION SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT THE TOM HESS MUSIC CORPORATION IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, MADE BY YOU OR BY A THIRD PARTY. YOU EXPRESSLY AGREE THAT THE TOM HESS MUSIC CORPORATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.
IN NO EVENT SHALL THE TOM HESS MUSIC CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE TOM HESS MUSIC CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS EVENT, THE TOM HESS MUSIC CORPORATION’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE TOM HESS MUSIC CORPORATION TO ACCESS THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST THE TOM HESS MUSIC CORPORATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PART OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOM HESS MUSIC CORPORATION. ACCESS TO THE SITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IF LIMITED BY LAW IN YOUR JURISDICTION, YOU AGREE TO THE ABOVE AND TO THE MAXIMUM EXTENT PERMITTED IN YOUR JURISDICTION.
You agree to indemnify and hold the Tom Hess Music Corporation and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Tom Hess Music Corporation.
Applicable Law/Agreement to Arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Judicial Forum for Legal Disputes
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to either Party or to a particular claim or dispute, either as a result or a decision by the arbitrator or a court order, the Parties agree that any Claim must be resolved exclusively in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in such courts.
It is the express will of the Parties that these TOU, and all related documents, be prepared in English. In the event that these TOU is translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.
Unless otherwise specified herein or in a writing executed by the Parties, these TOU constitute the entire agreement between you (the user) and the Tom Hess Music Corporation with respect to the use of the Sites. These TOU supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Tom Hess Music Corporation with respect to the Sites.
Errors, Omissions, and Changes
While the Tom Hess Music Corporation makes every effort to ensure the accuracy of the materials and Content presented, these TOU explicitly warns you that this service may include typographical errors and/or technical inaccuracies. The Tom Hess Music Corporation reserves the right to make improvements and/or changes to these TOU and/or to the products and services described on the Sites at any time.
Tom Hess Music Corporation takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential. If you are transmitting confidential information, you are doing so at your own risk.
• If you have any questions, comments, or concerns, please contact the Tom Hess Music Corporation’s customer service department, please email firstname.lastname@example.org or contact us by mail to Tom Hess Music Corporation, ATTN: Privacy, P.O. Box 113, Cary, IL 60013-0013, U.S.A.
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