Rules

Guitar Gods – GENERAL TERMS OF USE

These terms are effective 31 Dec 2011 and may be modified at any time without notice.

Introduction

Welcome to www.guitargods.com.au (Guitar Gods). By accessing Guitar Gods you are agreeing to the following terms and conditions (Terms of Use), which are designed to facilitate the successful and safe operation of Guitar Gods works. This policy is effective 1 May 2011 and may be modified at any time without notice.

By using Guitar Gods you agree to be bound by the Terms of Use.

Using Guitar Gods:

As a condition of your use of Guitar Gods you agree that you will not:

(1)	violate any laws;
(2)	violate Guitar Gods Posting Policy
(3)	post any threatening, abusive, defamatory, obscene or indecent material;
(4)	be false or misleading;
(5)	infringe any third-party right, including copyright or intellectual property rights;
(6)	distribute or contain spam, chain letters, or pyramid schemes;
(7)	collect or store users’ content or information without express written permission;
(8)	distribute viruses or any other technologies that may harm Guitar Gods or the interests or property of Guitar Gods users;
(9)	impose an unreasonable load on our infrastructure or interfere with the proper working of Guitar Gods;
(10)	copy, modify, or distribute any other person's content without their consent;
(11)	use any robot spider, scraper or other automated means to access Guitar Gods and collect content for any purpose without our express written permission;
(12)	harvest or otherwise collect information about others, including email addresses, without their consent; and
(13)	bypass measures used to prevent or restrict access to Guitar Gods.

 

Although we may review users’ postings, Guitar Gods is not involved in the actual transactions between users. As most of the content on Guitar Gods is created by the users, we do not guarantee, or are responsible for, the accuracy of postings or user communications or the quality, safety, or legality of what’s offered on the site.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected and do not provide any promises or warranties (express or implied) in respect of the services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Guitar Gods, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You are solely responsible for all information that you submit to Guitar Gods and any consequences that may result from your post. We reserve the right at our absolute discretion to refuse or delete content that we believe is inappropriate or breaches these Terms of Use. We also reserve the right at our absolute discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration. We will use reasonable endeavours to vet items that we consider to be potentially offensive or inappropriate. We do not however accept any liability for monitoring Guitar Gods or for unauthorised or unlawful content on Guitar Gods or use of Guitar Gods by users.

Abusing Guitar Gods:

Guitar Gods and its community work together to keep the site working properly and the community safe. Please report problems, offensive content, misuse of the site and policy breaches to us by using the ‘contact’ link or by emailing info@guitargods.com.au.

Fees and Services:

Using Guitar Gods generally incurs an uploading fee depending upon the value of the item being uploaded or service purchased. If the service you use incurs a fee, you’ll be able to review and accept terms that at the time you post your advertisement. Our fees are quoted in Australian Dollars (unless otherwise stated), and we may change them from time to time. Any changes to our fee policy will be reflected in the relevant policy and will take effect from such time as these changes are uploaded. We reserve the right to temporarily change our fees for promotional events or new services; these changes are effective upon notification.

Our fees are non-refundable for business services fees or upload fees – for the latter, irrespective of whether an item is sold for the listing price or not. You must pay the uploading fee to list goods for sale on Guitar Gods. If Guitar Gods deems the item(s) inappropriate or illegal and the item is not published, then you will be refunded the seller fee.

In addition to these Terms of Use, if you accept or make a payment through the Guitar Gods website, you agree to be bound by the PayPal terms of use as amended from time to time.

Payment for goods and pick up

Guitar Gods does not have any role in organising or facilitating payment for goods between the buyer and the seller. Arranging payment is to be agreed between the buyer and seller, as is the delivery or pick up of the goods.

It is recommended, as for any second hand purchase, that the buyer inspect the goods prior to purchase and payment.

Content

Guitar Gods contains content from us, you, and other users. You agree not to copy, distribute or modify content from Guitar Gods without our express written consent. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Guitar Gods (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

You agree not to post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed.

Intellectual Property Infringement

If a user believes that any intellectual property rights have been infringed, they should contact Guitar Gods with the following information:

(1)	(1) the basis upon which they claim ownership or any rights;
(2)	(2) the details of the alleged infringement; and
(3)	(3) what action they are seeking in respect of the alleged infringement.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

Personal Information

By using Guitar Gods, you agree to the collection, transfer, storage and use of your personal information by Guitar Gods ..

Resolution of disputes

If a dispute arises between you and Guitar Gods, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General >

These terms and the other policies posted on Guitar Gods constitute the entire agreement between Guitar Gods and you, superseding any prior agreements.

We may update this agreement at any time without notice to you, with updates taking effect when you next post or seven days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing.

If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of aspect of these Terms of Use, it will not be considered a waiver.

Nothing in these Terms of Use shall prevent us from complying with the law.

You will comply with all applicable laws when using or accessing Guitar Gods.