Guitar Time

An beautiful and extensive iOS app to help you make the most of your daily guitar practice.

Terms & Conditions

By downloading or using the Guitar Time App (hereinafter “The App”), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using The App. You’re not allowed to copy, or modify The App, any part of The App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of The App, and you also shouldn’t try to translate The App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Guitar Time.

Guitar Time is committed to ensuring that The App is as useful and efficient as possible. For that reason, we reserve the right to make changes to The App or to charge for its services, at any time and for any reason. We will never charge you for The App or its services without making it very clear to you exactly what you’re paying for.

The Guitar Time App stores and processes personal data that you have provided to us, in order to provide service. It’s your responsibility to keep your phone and access to The App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Guitar Time App won’t work properly or at all.

You should be aware that there are certain things that Guitar Time will not take responsibility for. Certain functions of The App will require The App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Guitar Time cannot take responsibility for The App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using The App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing The App, or other third party charges. In using The App, you’re accepting responsibility for any such charges, including roaming data charges if you use The App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using The App, please be aware that we assume that you have received permission from the bill payer for using The App.

Along the same lines, Guitar Time cannot always take responsibility for the way you use The App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Guitar Time cannot accept responsibility.

With respect to Guitar Time responsibility for your use of The App, when you’re using The App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Guitar Time accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of The App.

At some point, we may wish to update The App. The App is currently available on iOS – the requirements may change, and you’ll need to download the updates if you want to keep using The App. Guitar Time does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to The App when offered to you, We may also wish to stop providing The App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using The App, and (if needed) delete it from your device.

Your content

Any and all audio, images, and other content, data or information that you submit, store, transmit, upload, exchange or make available to or via The App (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Guitar Time.

Guitar Time does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

You must not submit, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via The App), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to use and enjoy the App as intended and in accordance with these Terms.

Liability for content

You hereby acknowledge and agree that Guitar Time (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you submit, post or distribute to, on or through The App, and to the extent permissible by law, Guitar Time excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Guitar Time cannot and does not review the content created or uploaded by its users, and neither Guitar Time nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the App for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Guitar Time and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the App by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the App. By using The App, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Guitar Time or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting infringements

If you discover any content on The App that you believe infringes your copyright, or if you discover any Content that you believe to be in violation of your trademark rights, or if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, please report this by email to contact@guitartimeapp.com

Disclaimer

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILST GUITAR TIME USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO GUITAR TIME’S ATTENTION, GUITAR TIME MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE APP OR ANY PART OR PARTS THEREOF, OR ANY CONTENT. GUITAR TIME DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE APP OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUITAR TIME DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE APP WILL BE SECURE OR THAT ANY ELEMENTS OF THE APP DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION.

GUITAR TIME AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL GUITAR TIME AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 US DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO GUITAR TIME DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

GUITAR TIME AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR INABILITY TO ACCESS OR USE THE APP OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE APP;

(B) ANY CHANGES THAT GUITAR TIME MAY MAKE TO THE APP OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE APP OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE APP, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY GUITAR TIME OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE APP;

(D) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(E) YOUR FAILURE TO PROVIDE GUITAR TIME WITH ACCURATE OR COMPLETE INFORMATION;

(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE APP, ESPECIALLY IN BREACH OF THE AGREEMENT;

ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF GUITAR TIME BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND GUITAR TIME AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST BE NOTIFIED TO GUITAR TIME AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GUITAR TIME AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND GUITAR TIME, AND THAT GUITAR TIME LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF GUITAR TIME, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless Guitar Time, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of Use.

(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the App, and/or your making available thereof to other users of the App, and/or the actual use of Your Content by other users of the App with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact contact@guitartimeapp.com.

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