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Gibson.com Terms and Conditions of Use


Terms and Conditions of Use

Welcome to Gibson.com. Please read this Terms and Conditions of Use carefully before using our website. They have been put in place to protect both you, our valued customer, and us, and to allow continued use of this website to keep you up-to-date about the latest products, services, promotions, competitions and news about Gibson and to provide a forum for your invaluable feedback.

Use of the Material
We have created this website for your personal information, entertainment, education and communication. Please feel free to search and download a single copy of the material displayed on our website solely for your personal, non-commercial use. You may not copy, reproduce, distribute, republish, modify, transmit or re-post in any way all or any part of our website, including any photographs or other images contained on it. Any unauthorized use of the content and/or images contained on our website may violate copyright or trademark laws, the laws of privacy and publicity or regulations and statutes governing communications.

The contents of this website are copyright protected by the Gibson Guitar Corp. and/or its affiliates or partners, and may not be used except as provided in these Terms and Conditions of Use, in the text elsewhere in our website or with our specific prior written consent. Gibson makes no warranties or representations that your use of materials displayed on our website will not infringe rights of third parties not owned by or affiliated with Gibson.

Disclaimers of Liabilities and Warranties
While we use reasonable efforts to include accurate and up-to-date information on our website, we make no representations or warranties as to its accuracy, reliability, completeness or timeliness. Gibson assumes no liability or responsibility for any inaccuracies, errors or omissions in the content of our website.

OWN RISK
NEITHER GIBSON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR WEBSITE IS LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, PROGRAMS OR BUSINESS INTERRUPTIONS ARISING FROM YOUR ACCESS TO, OR USE OF, OUR WEBSITE OR ANY SITE HYPERLINKED TO OUR WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATERIAL ON OUR WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(NOTE: Some jurisdictions may not allow the exclusion of implied warranties, so some of the preceding exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) GIBSON ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR THE IMPORTATION OF ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER ITEMS OF A DESTRUCTIVE OR INTRUSIVE NATURE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF OR BROWSING THROUGH OUR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR WEBSITE.

User Submissions
Any information or material you transmit to or through our website, including any data, questions, comments, suggestions or any other communications is and will be treated as non-confidential and non-proprietary, unless it contains personally identifiable information covered by our Privacy Policy. Please do not send us any confidential or proprietary information through or to our website, as we reserve the right to use any ideas, concepts, know-how, techniques or other information, other than personally identifiable data, contained in any communication you send to us via our website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products based on such information.

Although Gibson may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and similar communications on our website, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such locations or communications, including any errors, defamation, libel, slander, omissions, falsehoods, obscenities, pornography, profanities, danger or inaccuracies contained in any information within such locations or communications. If you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Gibson will fully co-operate with any law enforcement authorities or court order requiring or directing Gibson to disclose the identity of anyone posting any such information or materials on the website. Without limiting any of the foregoing, you are prohibited from engaging in any interstate communications in violation of 18 USC Section 875, or any other federal, state or local law applicable to communications or the use of electronic devices.

Posting any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law is prohibited. Doing so may lead to you being banned from participating. Note that all IP address are logged and may aid in enforcing these conditions.

Gibson has the right to remove, edit, move or close any discussion at any time should they see fit. If a post contains spam (unsolicited advertising) it will be removed and the poster may be banned.

Please remember that we are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Gibson. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at webmaster@gibson.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.

Hyperlinked Sites
Any link used on the Gibson website or any other Gibson web page, including but not limited to hyperlinks, buttons or referral devices, is provided strictly for the use and convenience of our visitors. The appearance of a link on our website or any of our web pages does not constitute an endorsement, recommendation or certification by Gibson, nor should the presence of a link in any way be construed as a suggestion that the company or its site has any relationship with us.

While we are flattered by and appreciate the desire by third parties to be associated with Gibson via a hyperlink to our website, we require that certain conditions are met and maintained:

  1. Unless we enter into a specific written agreement with you, you may not use any names, logos, designs, slogans, product trademarks or service marks of the Gibson family of brands in or with your links, except that you may link to our website using the plain text name of our website or the plain text name of Gibson;
  2. You may not present the link to our website in any way that suggests Gibson has any relationship or affiliation with your site or that Gibson endorses a sponsor or recommends the information, products or services on your site. You may not use the names, logos, slogans, product trademarks or service marks of any of the Gibson family of brands in any advertising, publicity, promotion or in any other commercial manner without prior express written permission for a particular use from Gibson;
  3. You may link only to the home page/first page/registration page of the site. Please do not incorporate any content from our website into your site (e.g., by in-lining or framing); and
  4. You may not use any names, logos, designs, slogans, product trademarks or service marks of any of the Gibson family of brands, or any other words or codes identifying any Gibson website or web page in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without our prior express written permission for a particular use.

If you have any comments, questions or requests, please contact us at legal@gibson.com.

Copyright and Trademark Notices
The contents of this website are copyright protected by the Gibson Guitar Corp. and/or its affiliates or partners. In compliance with the Digital Millennium Copyright Act of 1998, as amended from time to time, any claims of copyright infringement should be sent to:

 

Legal Department
Gibson Guitar Corp.
309 Plus Park Blvd.
Nashville, TN 37217
legal@gibson.com

Any notification under the Act must be in writing and must include:

  1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of the works;
  3. Identification of the material that is claimed to be infringing or the subject of infringing activity that is reasonably sufficient to permit the service provider to locate the material;
  4. Whether the complaining party is seeking removal of or blocked access to the identified material;
  5. Contact information of the complaining party;
  6. A statement that the complaining party has a good-faith belief that use of the material in the allegedly infringing manner is not authorized by the copyright owner, its agent or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Nothing contained on our website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on our website without the written permission of Gibson or any third party that may own the Trademarks displayed on our website. Any misuse of the Trademarks displayed on our website, or any other content on our website, is strictly prohibited, except as provided in these Terms and Conditions of Use. We are proud of the Gibson name, and the names of all our other brands, and the history of quality, service and excellence they represent. Accordingly, we take any misuse or infringement of these Trademarks very seriously and will aggressively enforce our intellectual property rights to the fullest extent of the law, including, without limitation, criminal prosecution of any offenders.

General
Gibson may revise these Terms and Conditions of Use from time to time, without prior notice, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions of Use to which you are bound.

The Terms and Conditions of Use are governed by and should be construed in accordance with the laws of the State of Tennessee, USA, without regard to any conflicts of laws provisions. You agree that any disputes in connection with your use of the Gibson website or any Gibson web page, or this Terms and Conditions of Use, and any enforcement thereof, shall be resolved in a federal or state court located in Davidson County, Tennessee.

In the event that any provision of the Terms and Conditions of Use is deemed to be invalid or unenforceable by a court of competent jurisdiction, the section or sections determined to be invalid shall be considered stricken from the Terms and Conditions of Use and the remainder of these Terms and Conditions shall remain in full force and effect.