Terms of Service and Rules of Posting

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Fingerpickingguitar.org Forum, Terms of Service (ToS) (Last update: 6th March 2012)

If you are registering on the forum, please read through these TOS.

The fingerpickingguitar.org Forum section (“Forum”) is a hosted service operated by Jump Digital Ltd (registered in the United Kingdom, “us” “we” “our”). Any use of the Forum is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to the Forum’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Forum will constitute your acceptance of these terms and conditions.

The aim of the Forum is to support and encourage Forum members learning to play guitar. The Forum may also be used by us to deliver materials and support as part of our “Beyond Tabs” guitar course, and any other guitar courses we may choose to support in the future.

1) Your Fingerpickingguitar.org Account, Profile and “Content” (forum posts, video submissions, messages)

If you create an account, profile and/or content on the Forum, you are responsible for maintaining the security of your account, profile and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile and content. You must not describe or assign keywords to your profile and content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and fingerpickingguitar.org may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your profile, your content, your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. We may from time to time set storage limits for your content, or take any other measures we consider appropriate to manage the Forum. We will advise you of any such change, and may do so in any reasonable manner. If you exceed the storage limits, we may require you to reduce the storage you are using. We may also from time to time change our policies on offering commercial content or displaying advertising, and may do this without notice. However we may post content entries or other notices about our policy changes.

2) Responsibility of Contributors

If you create content, comment on content, post material to the Forum, post links on the Forum or otherwise make material available by means of the Forum , you are entirely responsible for this content and any harm resulting from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
• the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.

By submitting Content you grant us world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, we will use reasonable efforts to remove it from the Forum, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Forum to any individual or entity for any reason, in our sole discretion. We shall have no obligation to provide a refund of any amounts previously paid.

3) Responsibility of Forum Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Forum, and cannot therefore be responsible for that material’s content, use or effects. By operating the Forum, we do 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 Forum may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Forum 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. We disclaim any responsibility for any harm resulting from the use by visitors of the Forum, or from any downloading by those visitors of content there posted.

4) Content Posted on Other Forums

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Forum and webpages to which the Forum links. By linking to a non Forum webpage, we do not represent or imply that we endorse it. 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 and we disclaim any responsibility for any harm resulting from your use of non Forum pages and non fingerpickingguitar.org pages.

5) Changes

The Forum, including without limitation all content there available, and these Terms and Conditions, may be changed at our sole discretion without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

6) Limitation of warranties of http://www.fingerpickingguitar.org, its suppliers and its licensors

Except as otherwise expressly stated, all content posted to or available from the Forum is provided “as is” and we, our suppliers and licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through the Forum at your own discretion and risk, and that we, our suppliers and licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

7) Limitation of liability of us, our suppliers and licensors

Except as otherwise expressly stated, in no event will we, our suppliers and licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Forum, or the contents thereof or of any hyperlinked Forum including without limitation any lost profits, business interruption, loss of data or otherwise, even if we, our suppliers or licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against us, our suppliers and licensors arising out of or related to use of the Forum, or the contents thereof or of any hyperlinked Forum exceed the amounts actually paid by you to access the Forum, during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section represents a reasonable allocation of risk.

8) General Representation and Warranty

You represent and warrant that your use of the Forum will be in accordance with the our Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content.

9) Indemnification

You agree to defend, indemnify and hold harmless us, our contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Forum, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

10) Miscellaneous

These Terms and Conditions constitute the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or by the posting of us of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Forum will be governed by the laws of Scotland, and the proper venue for any disputes arising out of or relating to any of the same will be the Scottish Courts. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms. We may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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