Use Policy and Terms of service

Use Policy

 

Parties:

Knowledgeguitars, also referred to as ‘we’

Customer, also referred to as ‘you’

 

1 Your rights

Your prescription to Part II and/or Part III provides you the right to use this information for non-commercial purposes. You can use a single key on a maximum of three computers though not at the same time. This is to avoid  interferce of projects. Commercial parties are requested to contact Knowledgeguitars to negotiate specific conditions and fees. They may also be interested in information not disclosed here.

 

2 Streaming use only

You cannot order paper versions and cannot download text and models. Although some may experience an issue with internet availability, these are outweighed by the advantages of streaming. You will always have the latest version available to you, including updates and corrections. A log will show what the changes are. Please contact Knowledgeguitars if you detect any errors or if you have suggestions for other useful information. We will take appropriate action. Streaming is also the cheapest and quickest way to distribute the information. This is how we can keep our fees modest.

 

3 Subscription for life of site

Your subscription has no definite time limit. Your one-time subscription will give you access for as long as the site is operated. You will receive notice of discontinuation in advance and will be given the opportunity to download the material you have been subscribed to. That assures that you will have the latest update before discontinuation.

 

4 Privacy Policy

We will record your contact details and appreciate if you are using your real name. This information is only used to maintain communication with you and is not shared with anybody . To prevent leaks your details will be stored separately from your access key. The site is collecting information on how you navigate and provides support to continue where you left at your last visit. This is particularly convenient for users of the models. This information will not be shared with anyone. Any commercials that might appear on the site are not personalized.

 

5 Use of cookies

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. These data allow us to improve the ease of use and user access to this site. We do not use cookies for marketing purposes and do not provide third parties access to collect marketing data. If you prefer to disable cookies on this site the most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

 

6 Rule of engagement

Any expression on this site should be decent and respectful. Feedback may be removed if it is not compliant with this rule. With indecent is meant objectionable content, content which violates any party’s intellectual property, violates the Terms of Service or which may damage this website through malware. Your comments are published with your name and email address so that others know the source.

 

Terms of Service

 

1 Acceptance and reach

By use of this website, including all information, tools and services, Customer accepts all terms, conditions, policies and notices stated here as Terms of Service as well as Use Policy. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and/or contributors of content. Any new content, features or tools which are added to the current site shall also be subject to the Terms of Service. We reserve the right to update these Terms of Service at any time and will post a message in the Log section about any changes.

 

2 Online store terms

By agreeing to these Terms of Service, you declare that you are authorized to act or, if you are a minor, you have the consent of your guardians to use this site. A breach or violation of any of the Terms will result in an immediate termination of your Products (as defined under 6).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or let others use the Products, or give access to the Products, without express written permission by Knowledgeguitars.

You agree not to use any of the Products in connection with any unlawful, unethical, obscene, pornographic, libellous or other inappropriate material.

 

3 Protection of intellectual property (IP) and copyright

Customer may not copy or use the structure and arrangement of the information on this site or the content or data delivered therein for the creation of the same, other than for personal use. Any reference to such recreation shall mention Knowledgeguitars as source and as the IP holder. Commercial exploitation of such recreation is prohibited.

The texts, figures, models, logo, pictures, film and sound fragments and other presented material are copyright protected. No such material shall be reproduced without the written consent of Knowledgeguitars. Knowledgeguitars acknowledges that the guitar building community merits from proliferation of the information on this site. To effectuate proliferation, part of the information is presented free of charge and this part is not bound to written consent of Knowledgeguitars. This does not release the Customer from the obligation to mention Knowledgeguitars as source and as the IP holder in any reference.

In no event shall Customer make any additions, modifications, adaptations, or other alterations that in any manner materially reduces, impairs, or otherwise negatively impacts upon the accuracy, completeness or integrity of the material on this site or undertake any action which would reasonably be expected to damage the reputation or goodwill of Knowledgeguitars.

Customer will use adequate organizational, technological and security measures to prevent piracy and any unauthorized use of or access to the Products.

 

4 Quality of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information and should not be relied upon or used as the sole basis for making decisions. Application of the information on this site to a project may involve additional choices from your side and we are not responsible for the end result and do not warrant that the end product will meet your expectations. If you notice any errors in the Service and bring that to our attention, we will examine the issue and make corrections, if feasible to our discretion. This site contains certain historical information. Historical information is always subject to uncertainty and changing insights. Knowledgeguitars reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Major updates are posted on the Log section.

 

5 Modifications to the terms and prices

Prices for our Products  are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product . The Products are non-refundable.

 

6 Products

The main products are, but are not limited to:

  • Reviews and analyses of specific guitar building issues
  • Quantitative models predicting physical, mechanical and acoustical outcomes
  • Relationships between guitar features and acoustics
  • Tool design and instrument building methods
  • Customization of designs and producing such designs
  • Consultancy on guitar design and production
  • Licencing innovations and patents

Products are made available exclusively online through the website. With the purchase of information you have the right to use this information for non-commercial purposes. Any exploitation in the form of dissemination, sale, patenting, licencing or sales of products based on this information is forbidden. You may use the information for discussion among colleagues provided you properly refer to this site as the source as described under 3. For commercial use you may negotiate other Terms of Service and fees. Knowledgeguitars may, in the future, offer new content, services and/or features through the website. Such new features and/or Products shall also be subject to these Terms of Service.

 

7 Accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us.

 

8 Optional tools

Knowledgeguitars may provide you with access to third-party tools, which we neither monitor nor have any control over. The rights to those materials remain with the third-parties. You acknowledge and agree that Knowledgeguitars provides access to such tools ”as is” and “as available” without any warranties and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third- party tools. Any use by you of optional tools offered through the site is entirely at your own risk. Third-party links on this site may direct you to third-party websites. We are not responsible for the content therein or for the right to use such content. We are not responsible for links that have become obsolete, but if you find broken links please report that to us and we will make an effort to repair that.

 

9 User comments, feedback and other submissions

If you send specific submissions, including creative ideas, suggestions, proposals, plans, or other materials (collectively: ‘comments’), you agree that we may use the comments to enhance the website and the Products. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise abusive material, or contain any computer virus or other malware that could in any way affect the operation of the Product or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third- parties as to the origin of any comments. You are solely responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

10 Disclaimer of warranties; limitation of liability

You agree that from time to time we may interrupt the service for indefinite periods of time to maintain the site, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Products are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Knowledgeguitars or any of its staff involved be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products procured, or for any other claim related in any way to your use of the Products , including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Products or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

11 Indemnification

You agree to indemnify, defend and hold harmless Knowledgeguitars or any of its staff involved harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

12 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

13 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. You acknowledge that you will not be entitled to a refund of any made purchases. If in our sole judgment you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and deny you access to our Services or any part thereof.

Knowledgeguitars reserves the right to discontinue the Products (or any part or content thereof) at any time. This will be announced in the Log section. Before termination of the Products the registered users will be offered the possibility to download the information they are entitled to on the condition that payment has taken place in accordance with article 7. After termination, updates are no longer provided.

 

14 Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and govern your use of the Service. The current Terms of Service supersede any prior version of the Terms of Service.

 

15 Governing law

These Terms of Service and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the Dutch law. Any disputes arising from these Terms of Services or in connection thereof will be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

 

16 Contact information

Questions about the Terms of Service should be sent to us at info@knowledgeguitars.com.

 

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