By working together, we’ve made this site a great resource for musicians, and we need your help to make sure it stays that way moving forward.
Founder of GearPipe.com
This document (the “Agreement”) is a legally binding agreement between you and Drive Channel Creative LLC, d/b/a GearPipe.com, a Colorado company (“GearPipe”).
1. Contract Formation.
2. Modification of Terms.
GearPipe reserves its right to amend or revoke these Terms at will, without notice. Any new terms shall become effective immediately after GearPipe posts them to the Site. Changes will be communicated to you by GearPipe posting the new version of these Terms on the Site or as otherwise determined by GearPipe. Your continued use of the Site or any other GearPipe-related services will automatically constitute your acceptance of such modifications by operations of this Agreement.
3. Proprietary Rights to GearPipe Content.
The Site is owned and operated by GearPipe. All rights are, accordingly, reserved. You hereby acknowledge that all GearPipe-related content on the Site is protected under applicable copyright, trademark, patent and other proprietary laws. Unless you have received express authorization from GearPipe to do so, any use, reproduction or dissemination of the Site’s content is strictly prohibited.
4. Proprietary Rights to Your Content.
By using the Site, you grant GearPipe and its agents permission to use your submissions, including copying, distributing, transmit-ting, publicly displaying, translating or altering your submissions. You agree to receive no (i.e., $0) compensation for using the Site, even if GearPipe chooses to publish your submission for its own pecuniary gain. While GearPipe disclaims any obligation to monitor the Site, GearPipe reserves its right to remove or alter your submissions. GearPipe also reserves its right to disclose information about your use of the Site, if required to do so by law enforcement authorities.
5. Permitted Use.
The Site is for informational and entertainment purposes only and shall not be construed as advice. Before you use any of the products discussed on the Site, you should familiarize yourself with all applicable safety procedures by attending training classes or seeking professional advice.
6. Prohibited Use.
By using the Site, you agree not to do so for any purpose that is unlawful or prohibited by these Terms. For example, you are prohibited from using the Site in any manner which:
- Damages, disables or otherwise impairs the Site or GearPipe’s business generally;
- Impersonates any person or entity, including GearPipe’s employees and agents;
- Interferes with another’s use and enjoyment of the Site;
- Obtains or attempts to obtain information about the users of the Site other than that which is intentionally made publicly available by them;
- Defames, abuses, harasses or otherwise violates the legal rights or dignity of others;
- Violates, plagiarizes, dilutes or otherwise infringes the intellectual property rights of GearPipe, its agents or any third parties;
- Publishes, posts, uploads or distributes any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
- Uploads or transmits any files, codes or programs that contain viruses, corrupted files or similar instrumentalities;
- Offers to sell or buy goods or services for any purpose unless you have received GearPipe’s express authorization to do so;
- Sends unauthorized or unsolicited commercial communications, including, but not limited to, junk and bulk email (i.e., Spam), chain emails, advertising solicitations or pro-motions;
- Conducts or disseminates surveys, contests or pyramid schemes;
- Falsifies or deletes any attributions, legal notices or proprietary labels;
- Harvests or otherwise collects information about others without consent, including their email addresses; or
- Violates applicable laws and regulations.
In exchange for your license to use the Site, you agree that GearPipe and its business partners have a right to provide promotional offers, advertising and other information to you.
8. Opt Out.
You may opt out of receiving promotional messages from GearPipe and its business partners at any time by clicking the “unsubscribe” link in any of your emails. You may also contact GearPipe directly to update your communications preferences.
If you have any questions about this Agreement, these Terms or the Site, please contact GearPipe by visiting the Submit/Contact section (http://gearpipe.com/submit).
This Agreement will become effective when you create a GearPipe account or when you first start using the Site. It will remain in effect until it is subsequently terminated by either you or GearPipe. GearPipe reserves its right to terminate this Agreement or your access to the Site at any time, without notice, for any reason whatsoever. If GearPipe terminates this Agreement, or suspends your account, GearPipe shall have no liability or responsibility to you.
If you are dissatisfied with any portion of the Site, these Terms, or this Agreement, your remedy is to discontinue using the Site.
12. NO WARRANTY.
The use of the Site is at your own risk, and it is provided and licensed solely on an “AS IS” and “AS AVAILABLE” basis. GearPipe and its agents make no representations as to the reliability, availability, timeliness or accuracy of the information on the Site (the “Content”). TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW(S), GEARPIPE DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SITE OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, GearPipe does not warrant, endorse, guarantee or assume responsibility for any third-party content or any other product or service advertised or offered by a third party on or through the Site. Consequently, GearPipe will, in no way, accept responsibility for transactions between you and any such third-party content or products and services advertised on the Site. As with any purchase of a product or service, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from GearPipe shall create any warranty on behalf of GearPipe in this regard.
13. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEARPIPE, ITS AFFILIATES, MANAGING MEMBERS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE THIRD-PARTIES’ CONTENT EVEN IF YOU HAVE ADVISED GEARPIPE ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
If you are dissatisfied with the Site, its Content, any third parties or GearPipe, you may stop using the Site. In no event will GearPipe’s total liability to you exceed the greater of one dollar (USD $1.00) or the total amount paid by you for the relevant services on the Site.
Nothing in this Agreement removes or limits GearPipe’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold GearPipe and its managing members, employees and licensors harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by a third party on account of your violation of these Terms as well as any unlawful or otherwise prohibited use of the Site.
15. Intellectual Property
GearPipe respects intellectual property rights and, as a result, we expect you to do the same. The Site and its Content are the property of GearPipe and GearPipe’s licensors. Accordingly, it is protected by intellectual property rights including, but not limited to, copyright and trademark. You do not have a right to use the Site in any manner not covered by these Terms. Additionally, you are hereby prohibited from infringing any third party’s intellectual property rights while using the Site. This includes, for example, removing or altering any copyright, trademark or other intellectual property notices contained on the Site or provided by GearPipe.
16. Technology Limitations and Modifications
GearPipe will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may result in temporary interruptions from time to time. GearPipe reserves the right to modify or discontinue – either temporarily or permanently – the Site’s functions and features at its sole discretion without notice.
17. Assignment by GearPipe
GearPipe may assign or transfer this Agreement or any part of it without restrictions. You may not assign or otherwise transfer this Agreement or any part of it to any third party.
18. Choice of Law.
These Terms shall be construed in accordance with the laws of the State of Colorado. Accordingly, by accepting this Agreement, you expressly consent to personal jurisdiction and venue in the courts of the City and County of Denver, Colorado, should any case or controversy arise under these Terms or this Agreement. Use of the Site is hereby prohibited in any jurisdiction that does not give effect to each provision of these Terms unless such jurisdiction’s laws merely contravene the provisions regarding disclaimers of liability.
These Terms constitute the entire Agreement between you and GearPipe and supersede all prior or contemporaneous communications and proposals between you and GearPipe however made.
If any portion of these Terms is held to be void, voidable or otherwise unenforceable, that portion shall be severed from these Terms. The remaining provisions shall remain in full force and effect and are intended to be construed in a manner consistent with the drafter’s intent.
21. English Version Prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English-language version shall prevail to the extent that such discrepancy is the result of an error in translation.
A printed version of these Terms shall be admissible in any judicial or administrative proceeding to the same extent as similar business records, which are created and stored in electronic or printed form.
Copyright © 2012 Drive Channel Creative LLC d/b/a GearPipe.com and its affiliates. All rights reserved.
Contact us: firstname.lastname@example.org