TERMS AND CONDITIONS OF USE Terms and Conditions of Use
Limitations on Use
You agree to comply with all applicable laws and regulations, and to use the Site only for lawful and legitimate purposes. You may not solicit the performance of any illegal activity or other activity which violates the rights of others.
You may not post any material that defames, threatens, harasses, or embarrasses others. You may not post any material that is offensive, obscene, hateful, pornographic, vulgar, or harmful to anyone.
You may not post any incomplete, false or inaccurate information. You may not pretend that you are, or that you represent, someone else. You may not misrepresent your affiliation with any person, group, or entity.
You may not copy, reproduce, republish, modify, distribute, sell, rent, lease, or transmit any content on the Site without the express written approval of Taylor Guitars or as otherwise permitted by applicable law.
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You are prohibited from violating or attempting to violate any security features of the Site, 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 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, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Services 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 Site; or (f) 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 the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
You may not use any device, software or other means to interfere with the proper functioning of the Site or with any other person’s use of the Site.
Purchases and other Terms and Conditions
Taylor Guitars may make changes, at any time and without notice, to any products or services offered on the Site or to the pricing for any such products or services. The information on the Site pertaining to products and services may be out-of-date, and Taylor Guitars makes no commitment to update such information.
Use of Information
Use and Monitoring.
While Company has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Company reserves the right to delete and take other appropriate action with respect to any messages, information or files for any reason, including denying access to the Site to anyone at any time. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
Links to Other Sites and Information Provided by Others
The Site may contains links to other websites maintained by third parties. These links are provided for your convenience or information only. These links are not within the control of Taylor Guitars and Taylor Guitars is not responsible for and does not endorse or warrant in any way any of the content, goods or services available or contained on those linked sites or the privacy or other practices of those sites.
The privacy policies and terms and conditions of third party sites will be different than those of Taylor Guitars. You will need to independently assess whether the third party you link to maintains terms and conditions, privacy and other use policies acceptable to you. If you decide to access any third party information or sites linked to the Site, you do so at your own risk.
Copyright and Trademark Notices; Ownership
All materials and software published on or used on the Site are protected by copyright, and owned or controlled by or licensed to Taylor Guitars, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if there is not a notice in such portion of materials, you must include the following copyright notice in such downloaded materials:
© 2012 Taylor-Listug, Inc. d/b/a Taylor Guitars. All rights reserved. All use subject to Terms and Conditions of Use set forth at http://www.taylorguitars.com/legal/terms-and-conditions
Digital Millennium Copyright Act Notice.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), Taylor Guitars will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Taylor Guitars' "Designated Copyright Agent" identified below. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please provide Taylor Guitars' Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) identification of the copyrighted work that you claim has been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such work at that site; (3) identification of the material on the Site that you claim is infringing and where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner or authorized to act on the behalf of the owner of the exclusive copyright allegedly infringed; and (7) your full legal name. All claims of copyright infringement should be delivered to the following "Designated Copyright Agent" of Taylor Guitars: Ethna Piazza General Counsel, Taylor Guitars, 1980 Gillespie Way, El Cajon, CA 92020-1096, Telephone Number: 619-258-1207, Facsimile Number: 619-258-4335 E-mail to: email@example.com.
Submissions of Content
b. Representations and Warranties/ Indemnification: Each person who sends a story or other content or photo (“Submission”) to Taylor Guitars for consideration for publishing or other use (and his or her parent or legal guardian, if the Sender is a minor) represents and warrants as follows: (i) the Submission is the Sender’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Sender, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (v) the Submission does not contain anything that is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory;. Each Sender hereby agrees to indemnify and hold Taylor Guitars and its officers, employees, shareholders, parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the "Promotion Entities") harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Sender hereunder.
c. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Sender (and his or her parent or legal guardian, if the Sender is a minor) hereby irrevocably grants Taylor Guitars, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, exploit and otherwise use the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Taylor Guitars shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Taylor Guitars deems necessary or desirable, and each Sender irrevocably waives any and all so-called moral rights they may have therein. Taylor Guitars shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Taylor Guitars shall retain the rights granted in each Submission even if the Submission is not published by Taylor Guitars or fails to meet any the submission requirements, if any.
d. Publicity Release: By sending a Submission, in addition to any other grants which may be granted in any other agreement entered into between Taylor Guitars and any Sender, each Sender irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Sender’s name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Site or any promotions, and hereby release the Promotion Entities from any liability with respect thereto. In addition, a Sender may be required to execute a separate Liability Release, and (where imposing such condition is legal) a Publicity Release and provide similar releases for from third parties depending upon what and who is identified or depicted in the Submission.
e. General Liability Release/Force Majeure: Taylor Guitars assumes no responsibility for any damage to an Sender’s, or any other person’s, computer system which is occasioned by accessing the Site or sending a Submission, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Taylor Guitars is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due notifications, or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Taylor Guitars reserves the right to suspend or stop receiving Submissions in its sole discretion.
f. Nature of Relationship/Waiver of Equitable Relief: Each Sender hereby acknowledges and agrees that the relationship between the Sender and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Sender’s decision to provide the Sender’s Submission to Taylor Guitars does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Sender’s Submission. Each Sender understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Sender also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Sender acknowledges and agrees that such Sender will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each Sender acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Sender acknowledges that, with respect to any claim by Sender relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted to Taylor Guitars, the damage, if any, thereby caused to the applicable Sender will not be irreparable or otherwise sufficient to entitle such Sender to seek injunctive or other equitable relief and Sender’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
g. No Obligation to Use: Taylor Guitars shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Taylor Guitars may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and Senders shall not be entitled to any damages or other relief by reason thereof.
Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION CONTAINED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TAYLOR GUITARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TAYLOR GUITARS MAKES NO WARRANTY THAT (1) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (2) THE INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE; (3) ANY ERRORS ON THE SITE WILL BE CORRECTED; AND (4) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE WILL BE FREE FROM BUGS, VIRUSES, HARMFUL SOFTWARE, OR OTHER PROBLEMS.
SUCH LIMITATIONS ARE A PART OF THE BARGAIN BETWEEN YOU AND TAYLOR GUITARS.
Limitation of Liability
IN NO EVENT SHALL TAYLOR GUITARS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. THIS PROVISION SHALL APPLY WHETHER OR NOT TAYLOR GUITARS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. TAYLOR GUITARS’ MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE PRODUCTS, SERVICES AND/OR INFORMATION PROVIDED.
Registrations and Passwords
If you register with the Site, you agree to provide accurate and complete information and to update such information following registration. Failure to provide accurate and complete information or to update such information may lead to suspension or termination of your account.
After registration is complete, you may receive a user name and password. You are solely responsible for maintaining the security of your user name and password and are solely responsible for any activities that occur under your user name and password.
You agree to indemnify and hold Taylor Guitars, its owners, employees, agents, predecessors, successors, subsidiaries and affiliates, harmless from any claims, demands, liability, or loss, made against Taylor Guitars by any third party due to or arising out of or in connection with your use of the Site.
The section headings are for convenience only and have no legal or contractual effect.
1980 Gillespie Way
El Cajon, California, CA 92020
™ and © 2012 Taylor Guitars. All Rights Reserved.