TERMS OF USE

By visiting any area on the International Guitar Institute (“IGI”) website (www.InternationalGuitarInstitute.com) or making a purchase through the IGI website, the user (“User”) is deemed to have accepted the guidelines and policies stated below and which may appear at various places throughout the IGI website (hereinafter collectively referred to as the “Terms of Use”).

                                                                                                                                   

I. PURPOSES OF USE

User agrees to use the IGI website for lawful purposes only. User is prohibited from posting on or transmitting through the IGI website any unlawful, harmful, defamatory, harassing, threatening, vulgar, obscene, sexually explicit, hateful, or otherwise objectionable statements, content, or material of any kind, including, but not limited to, any statements, content, or material that would constitute (or encourage the commission of) an act or omission in violation of any applicable local, state, national, or international law (hereinafter “Prohibited Content”).

In the event User uses the IGI website for any unlawful or allegedly unlawful purpose or transmits through the website any Prohibited Content, IGI reserves the right to investigate such conduct and determine – in its sole discretion – whether to remove or request the removal of such Prohibited Content from the IGI website or to request User to take any appropriate remedial measures necessary to retract, nullify, or minimize any harm or potential harmed caused by such use.  IGI may disclose any Prohibited Content, allegedly unlawful conduct, or other related information of any kind where IGI determines such disclosure is necessary to (1) satisfy any law, regulation, or government request; (2) properly operate the IGI website; or (3) protect the rights or property of IGI, its officers, directors, employees, agents, and others who use or have an interest in the proper and lawful operation of the IGI website.

IGI reserves the right to prohibit or restrict conduct, communication, or content that IGI deems in its sole discretion to be harmful to Users, IGI, the IGI website, IGI affiliates, or any third party, or that it deems to violate any applicable law.  Notwithstanding the foregoing, IGI cannot guarantee  prompt removal of Prohibited Content from the website.  Accordingly, IGI shall not assume liability for any action or inaction with respect to conduct, communication, or Prohibited Content of any third party on the IGI website.

II. LIMITED, REVOCABLE LICENSE

IGI grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with IGI) of the IGI website.

The foregoing license does not include any rights to, and, without IGI’s express written consent, User shall not:

(1) modify, download (other than page caching), reproduce, copy, or resell the IGI website, any content on the site or any portion or derivative thereof;

(2)  commercially use the IGI website, the Content or any portion derivative thereof (unless User has a business relationship with IGI);

(3) interfere or attempt to interfere with the proper working of the IGI website;

(4) capture, use for any purpose, or enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the IGI website; or

(5) collect, assemble, disseminate or otherwise use data extracted from the IGI website.

Any unauthorized use of the IGI website shall terminate any license to use or access the same.

Nothing in this section shall limit IGI’s right to terminate or suspend, temporarily or permanently, a User’s access to, or use of, the IGI website or any section thereof, for any reason, with or without notice.

III. TRADEMARKS & SERVICEMARKS

 “International Guitar Institute℠,” “InternationalGuitarInstitute.com℠,” “Alexandria Guitar Festival℠,” “IGI Digital Archive℠,” “Las Vegas Guitar Festival℠,” are all trademarks or service marks of the IGI. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of IGI used on the IGI website may not be used in any manner without prior written consent of IGI.

User acknowledges that the IGI website contains the above-referenced trademarks or service marks and other content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All content is copyrighted as a collective work under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part.  Except as permitted by the fair use privilege under the U.S. copyright laws, User may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

User further acknowledges that the unauthorized submission to the IGI website of copyrighted or proprietary information of third parties is illegal and could subject the User to personal liability for damages in a civil suit, as well as criminal prosecution. IGI shall not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission, including any inaccurate or incomplete information that may appear in such submissions.  By submitting content to the IGI website, User automatically grants, or represents and warrants that the owner or authorized licensor of such content has expressly granted IGI the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the content in whole or in part for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of content submitted to IGI retains any and all rights which may exist in such content.

IV. ACCURACY OF PRICES

It is possible that an item or downloadable file may be priced incorrectly on the IGI website. If the price for the item on the IGI website is incorrect and is actually higher than the price provided at the time of purchase, IGI may, at its sole discretion, take any of the following actions: (1) contact the User to determine whether the User still desires to purchase the item before charging the User; (2) cancel the order for such item and notify the User of the same; or (3) provide the item to the User at the incorrect price.

V. RISK OF LOSS

For tangible items delivered by mail to User, the risk of loss and title pass to User upon delivery of the item to the carrier.  For downloadable files or other materials transferable through electronic means, the risk of loss and title pass to User when the User has downloaded the entire file or set of materials, as the case may be.

VI. INDEMNITY

User agrees to indemnify and hold IGI, its officers, directors, employees, agents, and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with User's use of the IGI website, breach of the Terms of Use, or violation or alleged violation of any law.

VII. NOTICES

User consents to receive electronic communications from IGI, and acknowledges and agrees that any electronic communication received from IGI satisfies any legal requirements applicable to such communications.

VIII. DISCLAIMERS, LIMITATION OF LIABILITY

THE IGI WEBSITE IS PROVIDED BY IGI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IGI HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND USER ACKNOWLEDGES THE SAME.

WITHOUT LIMITING THE FOREGOING, IGI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (1) AS TO THE OPERATION OF THE IGI WEBSITE, OR THE CONTENT INCLUDED THEREON; (2) AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE IGI WEBSITE; OR (3) THAT THE IGI WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF IGI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USER ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES SHALL IGI BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE IGI WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE IGI WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM.

CERTAIN STATE LAWS RESTRICT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THE EVENT SUCH LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

The IGI website is created and controlled by IGI in the State of New York . The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Monroe County , New York and waives any objection to the laying of venue of any litigation in said courts.

XI. DISPUTE RESOLUTION

 
For any claim or controversy at law or equity (“Claim”) that arises out of the Terms of Use in which the total amount of the award sought is less than $10,000 (excluding claims for injunctive or other equitable relief), User or IGI may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Monroe County , New York or in the United States county where IGI’s principal place of business is located at the time action on the Claim is commenced.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

XII. ACKNOWLEDGMENT

 
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and IGI regarding User's relationship with IGI and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the IGI website or making a purchase therefrom, User is deemed to have accepted the Terms of Use.
                                                                                               
XIII. MODIFICATION

 
IGI reserves the right to make changes to the IGI website, including the Terms of Use, at any time without notice.