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User Generated Content Terms of Use Agreement

Welcome to the Guitar Center website at www.guitarcenter.com (the “Website”). Portions of the Website permit the posting of content by registered users (“Members”). By using these portions of the Website (“UGC”) you agree to be bound by these User Generated Content Terms of Use (this "Agreement"), whether or not you register as a Member. If you wish to become a Member, post content and/or communicate with other Members and make use of the UGC service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. This Agreement, which also includes all policies posted on the Website (such as, without limitation, the Privacy Policy, Terms of Use, Purchase Terms and Conditions), sets out the terms of your use of the Website and your membership in the Service and may be modified by Guitar Center. Such modifications are deemed immediately effective upon posting by Guitar Center on the Website. Service may be restricted or terminated by Guitar Center in its sole discretion.

1. Eligibility.

You must be at least eighteen years of age to register as a Member. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the online instructions for deleting accounts provided in the Service. Guitar Center may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Guitar Center. In the event that your membership is terminated, this the terms of this Agreement will still remain in effect, and at such time that this Agreement is terminated, certain provisions will remain effective, including, without limitation, sections 4, 5, 7 and 9-14 of this Agreement.

3. Non Commercial Use by Members.

Other than in connection with Guitar Center’s business, the Service may not be used in connection with any other commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on the Website and the Service.

Guitar Center owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Guitar Center, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.

Guitar Center will not own or retain any rights to the content You post on the Website, other than those limited technical permissions required in order to display, store and serve that content on the Website. At anytime you can take down Your content and terminate Guitar Center’s limited permission to use any of Your content.

a. You understand and agree that Guitar Center may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Guitar Center violates this Agreement or which might be offensive, illegal, that might violate the rights, harm, or threaten the safety of others or in any way be deemed unsuitable by Guitar Center.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c. By posting Content to the Website, you represent and warrant that you have the right to grant, and so grant, to Guitar Center a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on the Website in connection with Your post(s). You grant also represent and warrant that you have all permissions and licenses necessary to do so, including those such as “right of publicity” and other rights relating to reproduction of names and/or likenesses of individuals. You may revoke any of the foregoing licenses by deleting the applicable licensed Content according to methods provided by the Service, however; Guitar Center may retain limited copies such Content for non-public, non-commercial archival use. Posts of content to the Website will not be considered as “Submissions” under the Guitar Center “Terms of Use” Website Policy, but will be considered "Content" under these "User Generated Content Terms".

d. The following is a partial list of Content that is deemed illegal or prohibited on the Website. Guitar Center reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and/or terminating the membership of such violators. It includes, but is not limited to, Content that:

• is patently offensive to the community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
• harasses or advocates harassment of another person, group or organization;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive,  threatening, obscene, defamatory or libelous;
• promotes or distributes illegal or unauthorized copies of the copyrighted works of others, (examples, without limitation,  include: providing pirated computer programs or links to them, providing information to circumvent manufacture-installed  copy-protect devices, or providing pirated music/video or links to pirated music/video files);
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another  accessible page);
• infringes on the rights of privacy of any individual or misappropriates the name and/or likeness of another;
• provides material that solicits personal information from anyone, especially from individuals under the age of 18;
• provides material that is lewd, obscene, contains nudity or otherwise depicts sexual activities or contains sexually  suggestive content, including photographs;
• contains any material that depicts, describes or threatens violence;
• contains words or descriptions that are reasonably considered vulgar, course or crude;
• provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining  illegal drugs, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in any unauthorized commercial activities, solicitations and/or sales.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services unrelated to Guitar Center through the Service or through information you obtain from the Service.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Guitar Center 's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Guitar Center Legal Counsel, 5795 Lindero Canyon Rd, Westlake Village, CA 91362.

7. Member Disputes.

You are solely responsible for your interactions with other Members. To the extent that interactions relate to, or involve the use of the Service, Guitar Center reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy..

9. Disclaimers.

Guitar Center is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Guitar Center is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Guitar Center assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Guitar Center is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Guitar Center be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Guitar Center expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Guitar Center cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will Guitar Center be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if Guitar Center has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Guitar Center's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Guitar Center for the Service during the term of membership.

11. Email Newsletter Subscription.

By accepting this Agreement you agree that Guitar Center may send you advertisements promoting the deals offered by Guitar Center electronically via email. User may opt-out of receiving such emails by clicking through the “unsubscribe” link found at the bottom of each Guitar Center promotional email. Opting-out of the email marketing list will not cancel or forfeit your Service membership. Even if you opt-out of receiving promotional emails, Guitar Center may still send you transactional emails, such as emails about your membership in the Service or those relating to the status of your online purchases. For information about how Guitar Center will use your information, please review our Privacy Policy.

12. Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.

13. Indemnity.

You agree to indemnify and hold Guitar Center, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

14. Other.

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Guitar Center regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this Agreement.

Updated August 22, 2011
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