GPO Terms of Service

LINE 6 - GuitarPort Online

SUBSCRIBER TERMS OF SERVICE AGREEMENT

IMPORTANT-- READ CAREFULLY: These Subscriber Terms of Service for GuitarPort Online, together with Line 6's Privacy Policy (the "Agreement") constitute a legal agreement between you and Line 6, Inc. and its suppliers and licensors (collectively "Line 6") for the GuitarPort Online ("Services", as further described below).

BY CLICKING ON THE "I AGREE -CONTINUE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE "I AGREE - CONTINUE" BUTTON AND DO NOT SUBSCRIBE TO THE SERVICES OR CONTINUE WITH ANY DOWNLOAD OF CONTENT.

1. - Subscription

1.1 Monthly Subscription. Line 6 offers a monthly subscription to the Services. New monthly subscribers receive a 30 day introductory period without cost ("Free Trial"). Providing a method of payment to begin the Free Trial is not required.

1.2 Special Offer Subscriptions. Line 6 may periodically offer a subscription to the Services bundled with the purchase of a qualifying hardware device (a “Bundle”) or other one-time or limited-time special subscription packages (“Special Offer”). The length of any Bundle subscription or Special Offer subscription shall vary depending on the Bundle or Special Offer. After expiration of the applicable subscription period, your subscription shall continue on a month-to-month basis unless otherwise cancelled by you. The terms and conditions of any Bundle or Special Offer shall be as advertised by Line 6 from time to time and as set forth in all “Terms and Conditions” accompanying any such offer.

1.3 Subscriber Representations. During both your Free Trial and paid subscription periods, you will be entitled to receive: tracks, articles, lessons, and tones. By subscribing to the Services, you represent and undertake to Line 6 that you are thirteen (13) years of age or older. You agree that you will provide accurate, complete and up to date information at the time of initial registration for the Services, including such updated information as may be required by Line 6 at any time during your subscription. Failure to comply may result in the immediate termination of the Services. All subscriptions to the Services are subject to acceptance by Line 6. Your subscription to the Services will be deemed accepted by Line 6 when Line 6 delivers a confirmation of the subscription to you by email or on a Line 6 website confirmation page. Line 6 reserves the right to refuse to provide Services for any reason. Line 6 also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed.

2. - Pricing and Payment

2.1 Payment. Upon joining the Services or upon expiration of the Free Trial period (if applicable), you must provide a valid method of payment to start and/or continue your subscription. Line 6 may accept as valid method of payment for the Services: American Express, MasterCard, or VISA credit cards ("Credit Card"). Upon providing Line 6 with a valid Credit Card for the Services, you agree to pay Line 6 the applicable service charges for your use of the Services, plus any applicable taxes, in accordance with this Agreement and the billing terms and prices in effect at the time the fee or charge becomes payable.

2.2 Pricing. Pricing for the Services ("Fees") shall be as follows: $7.99 U.S. Dollars per month. Pricing for Bundle and Special Offer subscriptions, if any, are as set forth in the applicable Terms and Conditions accompanying each offer. The initial payment of the Fees is due on the thirty-first (31st) day after joining the Service. If Line 6 does not accept your subscription to the Services, such initial payment will be refunded to you in full. All subsequent payments of the Fees will be billed on the monthly anniversary of first billing date and are non-refundable. You may cancel the Services at any time, but Line 6 will not refund any remaining portion of your Fees already billed to your account, except as may be expressly provided in this Agreement.

2.2 If you provide Line 6 with a Credit Card and subscribe to the Services, all Fees will be charged to the Credit Card you provide. You hereby authorize Line 6 to automatically charge all Fees to the Credit Card each month and/or year (as applicable) until you cancel the Services. If Line 6 does not receive payment for the Fees from the Credit Card issuer, you agree to pay Line 6 all amounts due upon demand. Line 6 may take commercially reasonable actions to validate your Credit Card. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services or the Services are terminated. You acknowledge that you must cancel your subscription to the Services and terminate this Agreement in order to stop the automatic charging of fees to your Credit Card as authorized by you under this Agreement. If you transfer, sell or otherwise cease to own a GuitarPort encryption/decryption enabled hardware device (the "GuitarPort") but continue to subscribe to the Services, you understand that you will continue to be liable to pay all applicable Fees to Line 6 until you cancel the Services. Non-payment of any Fees may result in immediate termination of this Agreement by Line 6 and Line 6 reserves the right to cease providing the Services at any time due to non-payment of Fees.

2.3 - For any overdue amount of Fees, Line 6 will charge you interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower. If payment of the Fees is not received within thirty (30) days of the due date, Line 6 may withhold or suspend Services and may terminate this Agreement at its sole discretion. Suspension or termination of Services does not relieve you from your obligation to pay all payable, due and past due Fees.

2.4 - You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. If Line 6 should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Line 6 will invoice you for the difference between payment received and the Fees due. You agree to notify Line 6 about any billing problems or discrepancies within ninety (90) days after they first appear on your Credit Card account statement. If you do not bring them to Line 6's attention within ninety (90) days, you agree that you waive your right to dispute such problems or discrepancies. You agree to pay all attorney and collection fees arising from Line 6's efforts to collect any past due Fees from you to the extent allowed by law.

3. - Content and Proprietary Rights

3.1 - Software (if any) that is made available to you in connection with the Services or used through the Services ("Software"), is the copyrighted work of Line 6 (or its suppliers or licensors). Your use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Line 6 hereby grants to you, the user, a personal, nontransferable license to use the Software for the Services in accordance with these terms of use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America ("USA"). You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

3.2 - As between you and Line 6, you acknowledge and agree that Line 6 (or its suppliers or licensors) owns and retains all right, title, and interest in (i) the Services; (ii) the Software (if any) and any other technology that is made available to you in connection with the Services or used through the Services (the "Technology") and (iii) all information, data, text, software, music, sounds, photographs, graphics, video, messages or other materials provided in conjunction with or maintained on the Services (collectively the "Content"), and all copyright, trade secret, patent, trademark and other intellectual property rights therein. The Technology and Content are protected by the copyright laws of the USA, all countries in which the Services are available to service subscribers, and all applicable international copyright treaties.

3.3 - Upon your subscription to the Services, Line 6 grants to you a limited, non-exclusive, non-transferable, revocable, personal license to access, download, copy, display and perform the Content for your personal, non-commercial use, subject to the restrictions set forth in this Section 3 and the terms and conditions of this Agreement. You furthermore understand that downloaded tracks are playable as long as your membership remains current. Content, including but not limited to songs and other audio and video recordings, which is downloaded or copied using the Services, is for your own personal use only and may not be distributed to third parties, modified, re-recorded in any medium, broadcast, or performed other than for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial undertaking or public performance. This is a personal license, and under no circumstances shall this license be construed as a transfer of title to any Content. Any use of the Content other than in accordance with the terms and conditions of this Agreement and within the scope of the Services provided by Line 6 is not licensed and strictly prohibited.

3.4 - Except to the limited extent expressly permitted under this Agreement, you agree that you will not download, transmit, reproduce, distribute or in any way exploit any Technology or Content obtained through the Services without first obtaining the express permission to do so from Line 6 (which may be withheld in Line 6's sole discretion). You may not use the Services or any Technology or Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction (except as provided by Line 6). This Agreement does not constitute a license to use Line 6's trade names, service marks or any other trade insignia. Any use of any of Line 6's trade names, services marks or any other trade insignia shall be subject to Line 6's prior written consent.

3.5 - You understand that by using the Services and accessing the Content, you may be exposed to Content that you may find objectionable. It is your responsibility to determine which Content meets your standards. You acknowledge that the Content may include adult content. Under no circumstances will Line 6 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content provided as part of the Service.

4. - Rules and Regulations Regarding Your Conduct

4.1 - When you register for the Services, Line 6 will provide you with a username. You may use the Services and access Content, or modify your information and user data, only through such username. You are entirely responsible for maintaining the confidentiality of your username, and agree not to disclose your username to any other person. You are entirely responsible for any and all activities which occur under your username. You agree to immediately notify Line 6 of any unauthorized use of your account or any other breach of security known to you. Line 6 may, at its sole discretion, immediately terminate your access to the Services or this Agreement if your conduct fails to conform with this Section 4.

4.2 - You may only use the Services, Technology and Content for your private, non-commercial use. You agree that you shall only use the Services, Technology and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, Technology and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

5. - Disclaimers of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE TECHNOLOGY AND CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND THE TECHNOLOGY AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINE 6 MAKES NO WARRANTY THAT THE SERVICES, TECHNOLOGY OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY TECHNOLOGY OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH TECHNOLOGY AND CONTENT. LINE 6 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH LINE 6.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINE 6 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. - Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINE 6, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES (THE "LINE 6 AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE TECHNOLOGY OR CONTENT, EVEN IF LINE 6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE. IN ANY EVENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LINE 6 AND THE LINE 6 AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO LINE 6 DURING THE TERM OF THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, LINE 6'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. - Indemnification

You agree to defend, indemnify, and hold Line 6, its officers, directors and employees, harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your obligations under this Agreement; (ii) your use of the Services; (iii) all conduct and activities occurring under your username and password; (iv) any claim or contention that your use of the Services, Technology or Content infringes any third party's patent, copyright or other intellectual property rights; or (v) any claim or contention that you have viewed, downloaded, encoded, compressed, copied, broadcast, performed or transmitted any materials in connection with the Services in violation of any other person's rights or in violation of any law. Line 6 reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Line 6, which shall not be unreasonably withheld.

8. - Cancellation of the Services By You

You may cancel your subscription to the Services and terminate this Agreement at any time. You will not receive any refund or partial refund for any charges already billed to your account. If you do not provide a Credit Card to us while joining or during your Free Trial, then your subscription to the Services will be cancelled automatically at the end of your Free Trial; however, if you provide a Credit Card to us for the Services at any time, you may cancel your subscription to the Services by contacting Line 6 Customer Support and confirming your cancellation with a representative. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Line 6 related to, or arising out of: (i) any term of this Agreement or Line 6's enforcement or application of this Agreement; (ii) any policy or practice of Line 6, including the Line 6 Privacy Policy, or Line 6's enforcement or application of these policies; (iii) any Line 6 Technology or Content provided by or through Line 6 or any change in Content provided through Line 6; (iv) your ability to access and/or use the Services or Content; or (v) the amount or type of Fees, applicable taxes, billing methods, or any change to the Fees, applicable taxes, or billing methods.

9. - Modification, Term and Termination By Line 6

9.1 - This Agreement, including the Privacy Policy and any other policies, guidelines or instructions which accompany the delivery of the Services to you from time to time, contains the complete and entire terms and conditions that apply to your use of Line 6's Services. This Agreement shall be effective for as long as you use the Services.

9.2 - Line 6 may modify the terms of this Agreement at its sole discretion, and expressly reserves the right to modify the Services and the Fees at its sole discretion, upon thirty (30) days notice to you, which will be provided via email. Your continued use of the Services after the effective date of such notice constitutes acceptance by you of such modifications. If you do not agree to such modifications, your only remedy is to cancel your subscription to the Line 6 Services and terminate this Agreement in accordance with Section 8. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Line 6.

9.3 - Line 6 may terminate this Agreement and any Services at any time upon notice to you which shall be provided via email, provided that you will be entitled to receive, in Line 6's sole discretion, the Services for any period for which you have already paid or a pro-rata refund. Without limiting the foregoing, Line 6 may terminate this Agreement immediately if, based on Line 6's sole judgment, it determines that you have (i) breached any provisions of this Agreement; (ii) infringed or violated any intellectual property right or privacy or publicity right of a third party; or (iii) violated any local, state, national or international laws.

9.4 - Upon any termination of this Agreement (whether by you or Line 6), your access to the Services will be terminated, and you shall immediately discontinue use of the Content. You understand that previously downloaded tracks will no longer function. Line 6 shall not be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable to Line 6 prior to the effective date of termination of this Agreement.

9.5 - Upon termination of this Agreement, Line 6 reserves the right to maintain copies of data files and records containing your subscription and usage information for archival purposes only. Upon termination of this Agreement, provisions which by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.

10. - Privacy

The collection, use and disclosure of your personal information, including information provided by you in your registration for and use of the Services, will be governed by the terms and conditions of Line 6's privacy policy located here (the "Privacy Policy").

11. - Arbitration

11.1 - Subject to Section 8, you and Line 6 agree that, other than disputes for which your sole remedy is cancellation of your subscription pursuant to Section 8, all disputes, controversies or claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Line 6 toward the other, shall be settled by binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules then in effect of the American Arbitration Association before a single arbitrator and conducted in the State of California. Judgment rendered upon the award, including such reasonable attorney's fees as may be awarded the prevailing party, may be entered in any court having jurisdiction thereof.

11.2 - You and Line 6 may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators; except that nothing in this Agreement shall prohibit or restrict Line 6 from seeking provisional relief in a court of competent jurisdiction, including, but not limited to, a temporary restraining order, preliminary injunctive relief, or a writ of attachment.

12. - Applicable Law, Jurisdiction and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal and state courts of the State of California located in Los Angeles, California, shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this Agreement. You expressly consent to (a) the jurisdiction of the such courts; and (b) service of process being effected upon you by registered mail sent to the address you provide Line 6 in conjunction with your subscription for the Services, as may be changed from time to time by written notice actually received by Line 6. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of the Hague Convention.

13. - No Assignment

This Agreement is personal to you, and you may not assign or transfer this Agreement, or your rights and obligations under this Agreement, either directly or indirectly.

14. - Severability

If any provision of this Agreement or portion thereof is determined by a court of competent jurisdiction, or declared under any law, rule or regulation of any government having jurisdiction over the parties hereto, to be invalid, illegal or otherwise unenforceable, then such provision will, to the extent permitted by the court or government not be voided but will instead be construed to give effect to its intent to the maximum extent permissible under applicable law and the remainder of this Agreement will remain in full force and effect according to its terms.

15. - Notices & Electronic Communications

You agree that as a Services subscriber, Line 6 may send you electronic mail to the address you provide to notify you of Content and Services available from time to time and how to get access to the Content. As such notices are necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from Line 6. If you do not want to receive this e-mail, you may cancel the Services at any time as provided in this Agreement, or opt out of receiving e-mail from Line 6 as provided in each e-mail.

All notices permitted or required under this Agreement may be sent (a) to you by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission, (b) to Line 6 by United States mail with copies by facsimile to 818-575-3602. Evidence of successful transmission shall be retained. Each of us may communicate with the other by electronic means as described in this Agreement. Each of us agrees to the following for all electronic communications, including, without limitation, for purposes of entering into this Agreement: (a) the user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (b) an electronic communication sent by you containing your user identification (including, without limitation, your electronic acceptance of this Agreement) establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.

Copyright © 2002 - 2008 Line 6, Inc. and/or its suppliers. Line 6 and GuitarPort are registered trademarks of Line 6, Inc. All rights reserved.

Last date of Modification: February 16, 2012