Welcome to ProGuitar!
This Terms of Service Agreement (“Agreement”) constitutes a legally binding contract between JR Innovation AB (“ProGuitar”, “JR Innovation”, “we”, “us”, “our”) and you (“you”, “your” or “yourself”) with respect to your use of the ProGuitar website, applications, and the products and services made available to you through the same by us and/or third parties (collectively, the “Service” or “Services”).
It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Service, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Service.
This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you and your agreement to resolve any disputes by individual arbitration.
We reserve the right at any time to:
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Service, and posting notice of such changes on the Service or in another manner in our reasonable discretion. You agree that your continued use of the Service after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Service. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
By registering with or using this Service you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Service.
Access to certain functionalities of the Service will require you to register with and/or provide certain information to ProGuitar. If and when you register with or provide information to ProGuitar, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
You agree that you will not allow another person to use your registered account to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your account and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your account, your disclosure of your account, or your authorization to allow another person to access and use the Service using your account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. A person who completes the registration process for the Service is sometimes referred to herein as a “Registered User”. A Registered User may only maintain one active account on ProGuitar. ProGuitar reserves the right to terminate any and all multiple accounts by a single Registered User.
The Service as well as any information such as text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials provided through the Service (collectively, the “Content”), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No ProGuitar materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. ProGuitar’s permission to you for your use of this Service expressly excludes commercial use by you of any Content concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Service.
You understand and agree that you may not authorize any Content to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Content. You agree to advise ProGuitar promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of ProGuitar or others.
Certain technical difficulties, routine site maintenance/upgrades and any other events may, from time to time, result in temporary service interruptions. ProGuitar reserves the right at any time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that ProGuitar shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You acknowledge and agree to the essential condition that the Content is provided "As Is". Therefore, you are aware and agree that the Content might not be suitable for your purposes or satisfy your expectations or requirements with respect to it. You also acknowledge and agree that the Content could contain errors or other harmful components. Therefore, we recommend that prior to accessing the Content, you ensure, at your cost, that the Content will suit your requirements and needs and will not have any negative impact on your computer and/or your media player system.
(a) The Service may, but is not obligated to, offer interactive features that allow Registered Users to, among other things, submit or post Content (“User Generated Content”) or links to third party Content on areas of the Service accessible and viewable by other users of the Service and the public. If you are a Registered User, you represent and agree that any use by you of such features, including any User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. Registered Users also further agree to provide accurate and complete information in connection with your submission or posting of any User Generated Content on the Service. “User Generated Content” includes, without limitation, text, reviews, videos, photos, articles, audio files, musical works, applications and any other content whether copyrightable or not.
(b) ProGuitar does not claim any ownership rights in User Generated Content that you transmit, submit, display or publish (“post”) on, through or in connection with the Service. After posting your User Generated Content on, through or in connection with the Service, you continue to retain any such rights that you may have in your User Generated Content, subject to the limited license herein. By posting any User Generated Content on, through or in connection with the Service, you hereby grant to ProGuitar a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content solely on, through or in connection with the Service, including, without limitation, through the Service to applications, widgets, websites or mobile, desktop, including, without limitation, distributing part or all of the Service and any User Generated Content included therein, in any media formats and through any media channels, and shall constitute a waiver of any rights, ''moral rights,'' or any similar rights under any jurisdiction.
(c) The license you grant to ProGuitar is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to ProGuitar), fully-paid and royalty-free (meaning that ProGuitar is not required to pay you or anyone else deriving rights from you for the use on the Service of the User Generated Content that you post), sublicensable (so that ProGuitar is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), perpetual (meaning that no termination of this Agreement will affect the license granted by you), and worldwide (because the Internet and the Services are global in reach).
(d) ProGuitar reserves the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability.
(e) ProGuitar has the right, but not the obligation, to monitor any information and User Generated Content submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that ProGuitar in its sole discretion deems appropriate.
You may be provided the opportunity on or through the Service to purchase products or services that are offered, sold or manufactured by third parties (collectively “Products”). Such Products may be available for purchase directly from third-parties or from ProGuitar.
The availability of any Products on the Service does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of ProGuitar.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from ProGuitar is not as described, then your sole remedy is to return it in unused condition.
ProGuitar and sellers on the Service strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Service. We have the right to void any purchases that display an inaccurate price.
The Service is owned and operated by ProGuitar and its licensors. The Content and Services (and any intellectual property and other rights relating thereto) are and will remain the property of ProGuitar and its licensors and suppliers. The Content and Services are protected by international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services or Content without our prior written permission. The Services and Content may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by ProGuitar or, if so indicated in writing by ProGuitar, its licensors or suppliers. Use of the Services or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services or Content.
The trademarks, logos, and service marks displayed on the Service (collectively, the “Trademarks”) are the registered and unregistered trademarks of ProGuitar, ProGuitar’s licensors and suppliers, and/or others. Nothing contained in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of ProGuitar, ProGuitar’s licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the ProGuitar Trademarks are our exclusive property, and any goodwill generated by your use of any ProGuitar Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.
We welcome your feedback and suggestions about how to improve ProGuitar. Feel free to submit feedback at https://proguitar.com/contact. By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. ProGuitar reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that ProGuitar is not responsible for any User Generated Content posted by users of the Service. Prior to making any decisions based on information posted on the Service, you are advised to verify the information. ProGuitar shall not have any liability arising from your acts or decisions based upon the information provided on the Service.
(a) This Agreement is effective from the date that you first access the Servie or submit any Content to ProGuitar, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by ProGuitar, may result in immediate termination of this Agreement, and/or your access to and use of the Service, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of Content that you have obtained from the Service, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, ProGuitar’s rights of ownership, and licenses to ProGuitar shall survive any termination.
(b) You may terminate this Agreement by ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service.
(c) Termination of this Agreement shall not relieve you of any obligations to pay accrued charges.
(d) We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate ProGuitar to maintain and support the Service, or any part or portion thereof, during the term of this Agreement.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ProGuitar TO YOU.
ProGuitar, JR INNOVATION AB AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
ProGuitar ARE PROVIDING YOU THE SERVICE, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
ProGuitar MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, (iv) AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, ProGuitar WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ProGuitar SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, CONTENT, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold ProGuitar, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Service infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Service or other websites and services to which the Service is linked; and/or (d) your negligent or willful misconduct.
Certain services offered may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale or each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
If you access the Service through a ProGuitar application, you acknowledge that this Agreement is between you and ProGuitar only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
This Agreement will be interpreted in accordance with the laws in Sweden without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Stockholm, Sweden for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision below, does not apply.
You and ProGuitar agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ProGuitar each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and ProGuitar agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
ProGuitar aims to be a caring community with a professional feeling based around music, guitars and lutherie and will not tolerate antisocial or unlawful behavior in connection with the Service. We expect you to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks
You are solely responsible for the content of any transmissions you make to the Service or any User Generated Content you add to the Service (the "Communications"). You will not use the Service to: Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public;
(a) Communications of any kind that are false, unlawful, threatening, tortious, disparaging (including disparaging of ProGuitar, its parent, subsidiaries or affiliates), anything that adversely affects ProGuitar such as discouraging any person or entity from advertising with, linking to or supplying ProGuitar, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or are otherwise objectionable in ProGuitar’s sole discretion;
(b) Communications of any kind that violate, plagiarize, misappropriate or infringe upon the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
(c) Communications of any kind that contain a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Service, interferes with, overburdens, impairs or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
(d) Communications of any kind that are false or misleading or that constitute or contain false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Service, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Service;
(e) Communications of any kind which include any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation;
(f) Communications of any kind that encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
(g) Communications of any kind designed to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) Communications of any kind that disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the Service;
(i) Communications of any kind designed to stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another;
(j) Communications of any kind designed to use or attempt to use another's information, account, password, service or system except as expressly permitted;
(k) Communications of any kind designed to solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website;
(l) Communications of any kind that undertake any commercial purpose or activity without the prior written consent of ProGuitar, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into the Service (for example, without limitation, in an RSS feed or a podcast received from ProGuitar or otherwise available through the Service).
ProGuitar reserves the right, in its sole discretion, to terminate your account or take such other action as ProGuitar sees fit in relation to any breach of ProGuitar’s Public Communication policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, ProGuitar reserves the right to take court action and/or report your conduct to the relevant authorities.
You acknowledge and agree that any Communications made to or by means of any portion of the Service are public. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and ProGuitar by reason of your transmitting a Communication to any area of the Service.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by ProGuitar as provided herein or otherwise by written instrument signed by ProGuitar. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with ProGuitar's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ProGuitar may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Service is Operated By
JR Innovation AB