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The Guitar Ninja – Terms of use

These Website Terms of Use, together with any and all other documents referred to in them, set out the terms of use under which you may use this website, https://guitarninja.johndevelops.io/ (“our Site”). Please read these Website Terms of Use carefully and ensure that you understand them.

It will be deemed that you agree to comply with and be bound by these Website Terms of Use on your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

1. Definitions and Interpretation

1.1 In these Website Terms of Use, the following expressions have the following meanings:

“Account” means an account required for a user to access certain areas of our Site, as detailed in clause 3;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site;

“User” means a user of our Site; and

“We/Us/Our” means The Guitar Ninja, of 9 Mallard Close, Northampton, Northamptonshire, NN4 9UR.

2. Access to our Site

2.1 Access to our Site is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access our Site.

2.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. Except in accordance with our Terms and Conditions (copies of which are available on request), we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.

3. Accounts

3.1 Certain parts of our Site may require an Account in order to access them.

3.2 You may not create an Account if you are under 18 years of age.

3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

3.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.

3.5 Any personal information provided in your Account will be collected, used and held in accordance with your rights and our obligations under the law, as set out in clause 12.

3.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of our Site requiring an Account for access.

4. Usage of our Site

4.1 You may only use our Site in a manner that is lawful and that complies with the provisions of this clause 4. Specifically:

4.1.1 you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;

4.1.2 you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

4.1.3 you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

4.2 When communicating in any way using our Site, you must not post, communicate information or otherwise do anything that:

4.2.1 is sexually explicit;

4.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

4.2.3 promotes violence;

4.2.4 promotes, assists in, or constitutes any form of unlawful activity;

4.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

4.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.2.7 is calculated or otherwise likely to deceive;

4.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

4.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

4.2.10 implies any form of affiliation with us where none exists;

4.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

4.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

4.3 We reserve the right to suspend or terminate your Account and/or your access to our Site if you materially breach the provisions of this clause 4 or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions:

4.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access our Site;

4.3.2 issue you with a written warning;

4.3.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

4.3.4 take further legal action against you as appropriate;

4.3.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

4.3.6 any other actions which we deem reasonably appropriate (and lawful).

5. Intellectual Property Rights

5.1 All Content on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All such Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 You may:

5.2.1 Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);

5.2.2 Download our Site (or any part of it) for caching;

5.2.3 Print from our Site;

5.2.4 Download, copy, clip, print, or otherwise save extracts from pages on our Site; and

5.2.5 Save pages from our Site for later and/or offline viewing.

5.3 You may not systematically copy Content from our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.

5.4 You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from our Site unless clearly given express permission to do so.

5.5 Our status as the owner and author of the Content on our Site must always be acknowledged.

6. Links to our Site

6.1 You may link to our Site provided that:

6.1.1 you do so in a fair and legal manner;

6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;

6.1.3 you do not use any logos or trademarks displayed on our Site without our express written permission; and

6.1.4 you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.

6.2 You may link to any page of our Site.

6.3 Framing or embedding of our Site on other websites is not permitted without our express written permission.

6.4 You may not link to our Site from any other site the content of which contains any material prohibited in clause 4.2.

7. Links to Other Sites

Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Disclaimers and Legal Rights

8.1 Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only. In particular, we make no representation or warranty that any part of our Site is suitable for use in business or that any part of it constitutes accurate data and/or advice on which decisions can be based.

8.2 As far as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

8.3 If, as a result of our failure to exercise reasonable care and skill, any digital content from our Site created by us damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies.

For more details concerning your rights and remedies as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

8.4 We make reasonable efforts to ensure that our Content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.

8.5 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in content uploaded by users. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way.

9. Our Liability

9.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.

9.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.

9.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. Subject to sub-clause 9.3, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.

9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.6 Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware. We do not, however, guarantee that our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in clause 9.4.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.

10.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.

10.5 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.

11. Privacy and Cookies

Use of our Site is also governed by our Privacy Policy, available on our Site. This Policy is incorporated into these Website Terms of Use by this reference.

12. Data Protection

12.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 and the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

12.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.

12.3 If you have an Account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Website Terms of Use, and changes to your Account.

13. Changes to these Website Terms of Use

We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

14. Contacting us

To contact us, please email us at lessons@theguitarninja.co.uk or using any of the methods provided on our contact page.

15. Law and Jurisdiction

15.1 These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

15.4 If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.