Acceptance of Terms and Conditions

Welcome to the Guitar War web site (www.guitarwar.com, the "Site"), owned and operated by Web Trick, Incorporated ("Guitar War"). Subject to the following Terms of Service ("TOS"), Guitar War provides users of the Site with access to a collection of music competitions, musicians' resources, and forums of subscribers (the "Services"). Guitar War reserves the right to amend these TOS from time to time and at any time. The most current version of the TOS posted at www.guitarwar.com/pages/display/tos shall control, and users are responsible for reviewing the TOS to ensure knowledge of such modifications. Use of the Services by a user shall constitute that user's acceptance of these Terms of Service.

Guitar War Services

Guitar War provides two levels of access to the Site and its Services. Any visitor to the Site will be able to access only basic information about the Site and the Services of Guitar War. Site visitors may become subscribers to Guitar War. Subscription requires periodic payments to take and remain in effect. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber's responsibility to review the notice to ensure that it accurately reflects the requested subscription period.

Subscription renewal is automatic, and subscribers authorize automatic renewal of their subscriptions until cancelled. Subscribers can cancel the automatic renewal of their subscription at any time. To do so, contact us using any of the methods described at Contact Us and provide your account username and password. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. Guitar War will refund any payment made within sixty (60) days of the payment date.

Guitar War service includes competitions between users. Competition is a privilege, and not a right of Guitar War membership. To ensure a consistent and useful experience for the Guitar War community, all users in competitions must be in good standing and approved to compete by Guitar War staff. The approval process takes 1-3 business days.

Username/Password Protection

Upon registering, subscribers will choose a username and password that will permit them to access the appropriate level of services for the Site. Subscribers to the Site agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. Subscribers agree to be the sole users of their username/password and the Services, and to promptly notify Guitar War if this is not the case. Guitar War may terminate access and deactivate or delete a user's account without prior notice and without obligation. Guitar War reserves the right to restrict access to the Services to any user, and may at any time without notice immediately deny access by any person.

Intellectual Property Notices

Guitar War and its logo are trademarks of Web Trick, Incorporated. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Guitar War retains all intellectual property rights with respect to such proprietary, original material. Guitar War will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Guitar War to do so. This notice constitutes fair warning.

Restrictions

You agree to not use the Services:
* to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
* to intentionally or unintentionally violate any applicable local, state, national or international law.

Links

Guitar War welcomes links to its www.guitarwar.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Guitar War.

Guitar War often links to web sites that are not under its control. Guitar War is not responsible for the contents of any linked site or any link contained in a linked site. Guitar War provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by Guitar War.

Dissemination, Discontinuance or Modification

Guitar War may discontinue disseminating the entries of any competitor, category and type of music, resources and data, and works of specific contributors. Guitar War may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Guitar War, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Guitar War music competition content.

Disclaimer

Please read this Disclaimer carefully before using any of the Services, including subscribing to the Guitar War service.

You understand and agree that the Services available on the site are provided on an "as-is" and "as available" basis. Guitar War hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which Guitar War provides the Services.

You expressly agree that use of the Services, including all sound files and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.

Guitar War will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.

Limitation on Liability

Under no circumstances shall Guitar War be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of sound files or of other information that is sent or received, including but not limited to damages for lost profits, even if Guitar War has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

Miscellaneous

This TOS constitutes the entire agreement between you and Guitar War and shall govern your use of the site and its Services, superseding any prior agreements between you and Guitar War.

This TOS and the relationship between you and Guitar War shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Guitar War irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Alameda, California.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.