Terms of Use

Please read this carefully

If you do not agree to the Terms of Use, discontinue using the site immediately!

Wow! You actually came to this page. Our lawyers made us include it and put a link on the home page to get you here. Glad you came because this is really important stuff, actually. But all that legal-speak... bluurrggh! So...

We took what the lawyers wrote and translated it into readable English. Do both of us a favour and read the stuff on this page. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.

Here's the deal:

We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cybergratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don't fool around with the copyright and other notices all over the stuff. They're there for a really good reason.

And don't even think about distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. And it's not likely we will.

If you visit our site, you're also legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, Sydney or, in fact, wherever you live. You shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning back -- you are bound by [read: stuck with] the terms and conditions.

So here's the scoop on our Top Ten Rules for people who come here (well, Eleven, actually):

1. For everyone's sake, just assume that everything on the site is copyrighted unless we say it's not. Contrary to popular belief, you do NOT need to write your name and the words "Copyright" on everything you create for it to be copyright. So you can't use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it's not likely we'll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it's better you don't even ask.

2. While we try to include accurate stuff on the site, we're not promising you, pinky-swear style, that it's always gonna be accurate in every single tiny little case. In fact, we're not promising you anything except fun and entertainment. So if you use stuff on the site, you're using it at your own risk. Don't call us if there's a problem because we assume no liability or responsibility for errors or omissions on the site.

3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes "direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. " Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we couldn't figure out any other way to say it that the lawyers would accept. But here's the bottom line -- we're not responsible if you're browsing around and the site damages you or your computer or infects it with any nasty viruses. We absolutely 100% promise that we have not loaded anything to this site that we knowingly are aware might damage someone's property. We sure hope that doesn't happen, but if it does, don't call us.

4. If you don't want the world to know something, don't post in on the site in any bulletin board or anyplace else. That's because anything you disclose to us is ours. That's right -- ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.

5. Pictures of people or places shown on the site are either our property or someone else's property we're using with their permission. No matter what, it's definitely not your property. You or any of your net-friends can't use it unless we've said you could on this page or somewhere else on the site. And guess what -- we won't say yes. So be careful because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.

6. There're also a lot of trademarks, logos, and service marks on the site that either we own or we're using with someone else's permission. So don't think you have any kind of license or right to use them, because you don't and we're not about to give you one. If you don't leave them alone and mess with our trademarks, logos and service marks on our site, we'll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we're likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others. Sorry, but that's just the way it is.

7. You'll probably notice we've linked our site to lots of others. While that's cool, it doesn't mean we've looked at all those sites, much less checked them out periodically to see what's going on. So don't blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and click the links, but remember, you're doing it at your risk.

8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don't be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law -- anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.

9. Software that we use on this Site is protected by all sorts of U.S. laws. Because of that, you can't download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or the FBI's Most Wanted Internet Creeps List (just kidding on the last one). As if that were not tough enough, if you live in or are a national of any of those lovely places, you're not even supposed to be reading this page, so beat it!

10. We're also allowed to change this page and anything else on the site any time we want to. That's because it's ours and we have the programmers who can do it. If we do change the page, then you're bound by [read: stuck with] those changes, too, whenever you visit our site.

11. If either of us wants to make something of it and wants to "sue" (a dirty word) then we have to follow these rules of engagement (sort of according to the Geneva Convention): This Agreement is governed by the laws of the State of New South Wales, Australia without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate AbsolutelyEssentialGuitar.com and/or its affiliates' intellectual property rights, AbsolutelyEssentialGuitar.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Australia and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sydney, Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sydney, Australia, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice has long been outlawed. Boy, did they look disappointed!

10th March 2008
AbsolutelyEssentialGuitar.com

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The comprehensive version of the Terms & Conditions follows should you be interested in wading through the legalese:

If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of AbsolutelyEssentialGuitar.com or of other owners used with their permission.

Database Ownership, License, and Use

AbsolutelyEssentialGuitar.com warrants, and you accept, that AbsolutelyEssentialGuitar.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.absolutelyessentialguitar.com. AbsolutelyEssentialGuitar.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

AbsolutelyEssentialGuitar.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from AbsolutelyEssentialGuitar.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. AbsolutelyEssentialGuitar.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AbsolutelyEssentialGuitar.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. AbsolutelyEssentialGuitar.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not AbsolutelyEssentialGuitar.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall AbsolutelyEssentialGuitar.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if AbsolutelyEssentialGuitar.com or a AbsolutelyEssentialGuitar.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall AbsolutelyEssentialGuitar.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to AbsolutelyEssentialGuitar.com and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of AbsolutelyEssentialGuitar.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by AbsolutelyEssentialGuitar.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of AbsolutelyEssentialGuitar.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from AbsolutelyEssentialGuitar.com, and all information to which you have access through password-protected areas of AbsolutelyEssentialGuitar.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.absolutelyessentialguitar.com. AbsolutelyEssentialGuitar.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from AbsolutelyEssentialGuitar.com will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without AbsolutelyEssentialGuitar.com's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the New South Wales, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate AbsolutelyEssentialGuitar.com and/or its affiliates' intellectual property rights, AbsolutelyEssentialGuitar.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New South Wales, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sydney, Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sydney, Australia, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.absolutelyessentialguitar.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at AbsolutelyEssentialGuitar.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.absolutelyessentialguitar.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Last Updated: 10th March 2008

To your success,