Welcome to The Guitar Woodshed.
TheGuitarWoodshed.com, this web site, all related merchandise and all associated activities (the “Website”) is an online service operated by Leafcutter Studios Limited (“Leafcutter Studios”, “we”, “our”, “us”), whose registered office is situated at 150 High Street, Sevenoaks, TN13 1XE. If you have any questions relating to the Website you can contact our Customer Services Department at firstname.lastname@example.org
Any access to or use of this Website (including Submissions as defined below) are governed by the terms and conditions of use set out below (“Terms and Conditions”). Access to or use of this Website (including posting Submissions), or clicking a box that states that you accept or agree to these terms, implies your agreement and acceptance of these Terms and Conditions.
Please read this Agreement carefully before accessing or using the Website. You must agree to be bound by the Terms and Conditions before you can use this site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
These terms and conditions are a legally binding contract between you and Leafcutter and applies to all users of this website. “you” or “your” or “user” means any person or entity using this Website.
This Website and all materials contained therein, including but not limited to text, images, content, pictures, graphics, logos, designs, music, sounds, audios, videos and interactive features (“Content”), including all copyright or related rights, patents, moral rights, unregistered and registered trademarks, registered designs (including the right to register any such rights) and other intellectual property rights, are owned by Leafcutter Studios.
Unless we specifically agree in writing no Content from any part of the Leafcutter site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website.
We use the word “Submissions” in these Terms and Conditions to mean any text, postings, ideas, concepts, suggestions, pitches, notes, inventions, techniques, emails, photographs, drawings, videos, music, performances and any other similar materials or information that you submit, post, email or otherwise communicate to or via the Website.
You agree that you are and shall remain solely responsible for all Submissions made on the Website or to Leafcutter Studios by you or through your username and or account and for the consequences of submitting and posting same.
You agree that by making a Submission you have no expectation of review, consideration or compensation of any type.
Submissions must not contain any personal information about yourself or any other person;
Submissions must not contain anything that is illegal, unlawful, harmful, tortuous, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing or otherwise objectionable or inappropriate.
Submissions must not include anything that infringes the rights of a third party including that party’s trademark, copyright, patents, trade secret, moral rights or other intellectual property rights.
Submissions must not include any bugs, Trojan horses, viruses, malware or illegal materials or the like.
We cannot guarantee the security or integrity of any information you include in a Submission and you make such Submissions entirely at your own risk.
We reserve the right to remove any Submissions from the Website and delete your account at our sole discretion if you break these rules.
“Public Submissions” are those Submissions submitted, posted, emailed or otherwise communicated to a public area of the Website or in response to a request for Submissions or through a feature enabling Submissions on the Website, the results of which shall be available for viewing by one or more Website users, including but not limited to chat areas, forums, message boards, community pages and competitions.
You acknowledge that Public Submissions are public communications and that you have no expectation of privacy with regards to those Public Submissions that you make.
“Unsolicited Submissions” are any Submissions that have not been specifically requested by Leafcutter Studios and or the Website. In order to avoid any possibility of misunderstandings in the future where a project developed by us is deemed by others to be similar to their own creative work, we do not accept or consider any Unsolicited Submissions so please do not submit, post, email or otherwise communicate them to or via the Website or Leafcutter Studios. If we require information from you we will specifically request it.
You agree that all Submissions you make shall in no way create or imply any form of confidential or fiduciary relationship between you and Leafcutter Studios in any way.
In all cases you agree that Leafcutter Studios who shall be entitled to exploit and disclose any Submissions you make in any way and that we shall not be liable to you or any person claiming through you for any exploitation or disclosure of any Submission.
You may be required or permitted to create an account (“Account”) on this Website to access additional content and features.
You agree to at all times to provide and maintain true, accurate, current and complete information about yourself as required by our registration process. You shall not impersonate any other person or entity or misrepresent either your identity or any other information as requested by us during the registration process.,
You will be solely accountable to Leafcutter for all activities taking place in connection with the Account.
In the event that you become aware of any unauthorised access to your Account or breach of security relating to the details of your account, you must notify Leafcutter immediately by sending an e-mail to: email@example.com
Leafcutter Studios determines the cost of memberships and reserves the right to change the Membership Fee from time to time.
The Membership Fee will be quoted in a currency depending on the geographic location of the customer.
The Membership Fee will include sales tax or VAT in accordance with local regulations.
Credit card payments are processed through a third party payments processor. Leafcutter Studios will not at any material time have access to or store any card payment details.
Memberships to the Website will become available as soon as possible after online purchase.
Leafcutter Studios do not receive nor are we liable for any surcharges added by your bank or card issuer including but not limited to those for international or cross border transactions.
Membership is non refundable and non-transferable and for use only by the Member.
In the event that the Member shares Membership details with a third party, Leafcutter Studios reserves the right to terminate the Membership.
All membership packages purchased online at the Website will automatically renew.
Memberships can be cancelled at any time either online through the Website or by contacting firstname.lastname@example.org.
Cancelled memberships will continue until the end of the purchased term, irrespective of the date of cancellation.
Leafcutter Studios shall be entitled to terminate the Membership without notice in the event that the Member is in breach of these Terms and Conditions. In the event of termination under this paragraph, the Member shall not be entitled to any refund of the Membership Fee.
If a Membership is cancelled by the user then any associated membership benefits will be stored such that they can be reinstated if Membership is renewed.
For the avoidance of doubt, Leafcutter Studios gives no warranties as to the quality of the services available on this Website or the suitability of any of such services for a particular purpose. Leafcutter Studios shall not be liable in any way whatsoever in the event that you do not deem the services to be beneficial.
Leafcutter Studios shall not be under any duty to place information on this Website, nor to update or correct any such information. Leafcutter Studios may in our absolute discretion edit, amend or remove any information placed on this Website at any time and without notice.
Leafcutter Studios does not warrant or offer any assurances that this Website is compatible with your computer equipment or the network through which the you may access this Website.
Leafcutter Studios does not warrant that this Website will be fully functional at all times or that it will work correctly without errors and bugs. Leafcutter Studios reserves the right to suspend, restrict, or terminate this Website service without offering a reason.
Leafcutter Studios neither makes nor gives any representations or warranties, express or implied, about this Website or any material, Submissions, information or hypertext links on this Website, including, but not limited to accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
If sections of this Website contain information submitted to Leafcutter Studios by third parties, Leafcutter Studios shall not be held liable for any errors, omissions or inaccuracy in such material or Submissions and reserves the right at its absolute discretion to omit, suspend or change any material or information submitted without giving notice. The views expressed in any Submission are the view of the individual who created the Submission and Leafcutter Studios shall not be responsible for or liable in respect of any comments, views or remarks herein expressed.
Under no circumstances shall Leafcutter Studios, its officers, directors, employees, or agents be liable for any bugs, Trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
Leafcutter Studios will not be liable to you under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. To the fullest extent permitted by law under no circumstances will Leafcutter Studios, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect, punitive or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage and shall have no liability to pay any money by way of compensation.
You agree to indemnify and keep fully indemnified Leafcutter Studios against any and all loss or damage of any kind suffered as a result of your use of the Website.
You agree to defend, indemnify and hold harmless Leafcutter Studios, its officers, directors, employees, and agents from and against all claims which may be asserted against Leafcutter Studios, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:-
- your use of this Website; and
- any users breach or non-observance of these Terms and Conditions.
Links to third party websites
This Website provides links to other third party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of Leafcutter, and by continuing to use this Website the Parties acknowledge and agree that Leafcutter is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by Leafcutter or any association with Leafcutter’s operators.
By using a third party website, the Parties expressly relieve Leafcutter of any and all liabilities arising out of or in connection with such use.
The Parties acknowledge and agree that Leafcutter is not responsible for the availability of any third party sites. Furthermore, Leafcutter does not endorse any advertising, products or other materials available from any third party sites.
The Parties acknowledge and agree that Leafcutter is not liable for any loss or damage which may be incurred by the Parties as a result of the availability of any third party sites, or as a result of any reliance placed by the Parties on the completeness or accuracy of any advertising, products or other materials available from any third party sites.
Responsibility of Website Visitors
The Guitar Woodshed has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Leafcutter Studios does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Guitar Woodshed disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which The Guitar Woodshed links, and that link to The Guitar Woodshed. The Guitar Woodshed does not have any control over those non- The Guitar Woodshed websites and WebPages, and is not responsible for their contents or their use. By linking to a non- The Guitar Woodshed website or webpage, The Guitar Woodshed does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Guitar Woodshed disclaims any responsibility for any harm resulting from your use of non- The Guitar Woodshed websites and WebPages.
Copyright Infringement and DMCA Policy
As The Guitar Woodshed asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Guitar Woodshed violates your copyright, you are encouraged to notify The Guitar Woodshed. The Guitar Woodshed will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Guitar Woodshed or others, The Guitar Woodshed may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, The Guitar Woodshed will have no obligation to provide a refund of any amounts previously paid to The Guitar Woodshed.
This Agreement does not transfer from The Guitar Woodshed to you any The Guitar Woodshed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Guitar Woodshed. The Guitar Woodshed, www.The Guitar Woodshed.com, the The Guitar Woodshed logo, and all other trademarks, service marks, graphics and logos used in connection with The Guitar Woodshed, or the Website are trademarks or registered trademarks of The Guitar Woodshed or The Guitar Woodshed’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Guitar Woodshed or third-party trademarks.
These Terms and Conditions will continue in force until terminated by you and/or Leafcutter Studios.
Leafcutter Studios shall be entitled to terminate this legal agreement with you and immediately remove, cancel or suspend access to and use of the Website for any reason, including:
– Leafcutter Studios is required to do so by law;
– Leafcutter Studios elects to terminate access to this Website from the country in which you are resident or from which you may wish to access this Website;
– Leafcutter Studios changes ownership;
– for any other reason.
For the avoidance of doubt, termination as a result of your breach of the Terms and Conditions may result in legal action being brought against you.
Upon termination, all of the legal rights, obligations and liabilities that you and Leafcutter Studios may have been subject to which are expressed to continue indefinitely, shall be unaffected by termination.
LEAFCUTTER STUDIOS MAKES NO REPRESENTATIONS THAT THE CONTENT ON THIS WEBSITE IS APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM OR TO THE ACCURACY, CURRENCY, AND VALIDITY OF INFORMATION AND MATERIAL CONTAINED WITHIN THE WEBSITE OR WITHIN ANY SUBMISSIONS TO THE WEBSITE. IF YOU CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WHERE THE CONTENT MAY BE ILLEGAL OR PROHIBITED YOU WILL BE DOING SO ON YOUR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.
TO THE FULLEST EXTENT PERMITTED BY LAW, LEAFCUTTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THIS WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE OR ACCURACY OF ANY CONTENT ON THIS WEBSITE. FOR THE AVOIDANCE OF DOUBT, LEAFCUTTER STUDIOS EXPRESSLY EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY WARRANTIES AS TO THE QUALITY AND/OR SUITABILITY OF ANY OF THE CONTENT FOR A PARTICULAR PURPOSE. LEAFCUTTER STUDIOS SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER IN THE EVENT THAT ANY USER DOES NOT DEEM THE CONTENT TO BE BENEFICIAL OR FOR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF PERFORMANCE AND LEAFCUTTER STUDIOS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED AS A RESULT OF THE USE OR REFERENCE OF THE WEBSITE AND OR CONTENT.
ENTIRE AGREEMENT AND SEVERABILITY
If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If you breach these Terms and Conditions and we take no action against you we will not be considered to have given up our rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.
Leafcutter shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
– acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
– war, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
– Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts. You accept that nothing in this clause shall prevent Leafcutter from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
Date Last Updated: 22nd March 2011