- Information Collected You are not required to provide personally identifiable information to visit the Site. However, in order to take advantage of certain features and become a Member you need to provide some personally identifiable information.
- Account Information. To create an account on a Site, we require you to provide your name, email address and credit card, to create a user name and to provide a password.
- Aggregate Usage Data and Anonymised Data. Company may collect usage data based on users, usage of the site and its various features, but it is not personally identifiable except as described below under the IP Addresses section (“Aggregate Data”). In addition, Company may take your personal information and create anonymised information by excluding information (such as your user name) that makes it personally identifiable to you (“Anonymised Data”).
- Personal Information for Social Features. From time to time, Company introduces features that allow friends to share more information about themselves with other friends, including information about what they are doing on a Site. Company may store the personally identifiable information that you provide us in order to provide these services, including your friends list. Whenever a social feature involves the disclosure of personally identifiable information about you to other people, Company will either provide you with an opportunity to opt out of the disclosure or will seek your consent prior to making the disclosure.
- Storage, Disclosure and Use of Your Communications. You can use the Site to chat in private IM sessions, or to post on the Site message boards known as “Forums.” Never disclose personal information about yourself in a public area like Site Forums or the message boards. Do not share personal information in a private chat unless it’s someone you know well in the real world. Company cannot and does not guarantee that any IM sessions or chats will be truly “private”
Your posting to the Site, message boards and posts in Site Forums are public and are also saved on our servers as chat or message histories. This information may be turned over to authorities, who may include law officers and other legal authorities. Private chats in Site Rooms may not be stored. Do not disclose personally identifiable information in Site Forums or on message boards, as those postings are available to the members and may be saved on our server(s) as community available information.
Company may disclose saved IM history in legal proceedings or investigations in the same manner as other personally identifiable information as described above.
- Usage and Sharing of Information. Company may use the information it collects, including your personal information, aggregated data, and Anonymized Data, for the following purposes:
- To provide you with access to your account;
- To provide you with the Service or access to the Site;
iii. To enhance and improve our Service or Site;
- To create reports and to analyse usage patterns.
- Sharing of Information. Company may share personally identifiable information with third parties in the following cases:
- To enable the normal course of functionality of the Service;
- With trusted third party service providers who help us in the operation of the Company Service or Site and who have agreed to maintain the confidentiality of the data;
iii. To the developers who provide platform applications that you have elected to use, as described above;
- As part of Company’s Service or Site social features, as described above;
- Where we have a good faith belief that it is necessary in order to respond to subpoenas, court orders, or other legal process, to prevent fraud or imminent harm, or to establish or exercise our legal rights or defend against legal claims.
- Non-Australian Users. Company is hosted and operated entirely in Australia and is subject to Australian law. Any personal information that you provide to Company is being provided to Company solely in Australia and will be hosted on Australia servers. You consent to the transfer, use and processing of your personal information in and to Australia. If you are accessing the Service or Site from outside Australia, please be advised that Australian law may not offer the same privacy protections as the law of your jurisdiction.
- Children Under 13. Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information through the Service or on the Site from persons under 13 years of age without the verified consent and permission of a parent or legal guardian. If you are under 13 years of age, please do not use or access the Service or Site at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Site or through the Service, then Company will take prompt and appropriate steps to delete this information. At all times, Company strives to protect children. Company recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone via the Site and/or Service or otherwise over the Internet.
If you are a parent of a child under 13 and you believe that your child has created a Company Site account in violation of our policy, please contact us at admin@ProGuitarLabs.com
- Our Commitment to Data Security. Company uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Company or on the Site and you do so at your own risk. Once we receive your transmission of information, Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards including but not limited to any “private” communications or other communications that you believe are “private.”
If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Company may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us immediately.
- In the Event of Merger, Sale, or Bankruptcy. In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users including personally identifiable information as part of such merger, acquisition, sale or other change of control. In the event of Company’s bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used.
- Customer Support. If you have any comments or questions you may address them to our customer service department at admin@ProGuitarLabs.com
- Intellectual Property and Proprietary Rights in Content on the Site or Through the Service.
- You may be required to download software or content in order to participate in the Service or Site.
- Trademarks. ProGuitarLabs and any and all other Company graphics, logos, designs, page headers, button icons, scripts, names, trademarks and service marks are registered trademarks, service marks, names, trade secrets or trade dress of the Company in Australia and/or other countries and/or licensed by Company (collectively, the “Marks”). Company’s Marks may not be used in any manner whatsoever by you, including, but not limited to, as part of trademarks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
- Member Posted Content on Student Page. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to Page on a Site using the Service. After posting your content to the Site Student Page, you continue to retain all ownership rights in such Content, subject to the license to Company. When you cancel your membership on the Site or to the Service, your personal content (photos, videos etc) may be deleted from your Student Page. By displaying or publishing (“posting”) any content on or through the Student Page, you hereby grant to Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Site or through the Service. Without this license, Company would be unable to provide the Service or Site to Users. For example, without the right to modify Member Content, Company would not be able to digitally compress music and video files that Users submit, and without the right to publicly perform Member Content, Company could not allow Users to listen to music and watch videos posted by Members.
- Member Submitted Content and Video for Master Class use. By submitting any content and video (“video”) for inclusion in a Master Class or Video for Feedback, you are granting a license to Company for use of that video for the benefit of Users on the Site. The license you grant to Company is fully-paid and royalty-free (meaning that Company and Site are not required to pay you for the use of the video you submit to or through the Site or Service), it is sub-licensable (so that Company is able to allow use by its affiliates and subcontractors such as Internet content delivery networks to provide the Service and Site), and worldwide (because the Internet and the Company, Site and Service are global in reach). The license does not grant Company the right to sell any posted content or any posted video, but such content or video may be used for entertainment or marketing purposes in the sole discretion of Company.
- Company Generated Content. The Service and Site contain proprietary Content of Company (“Company Content”) and other copyrighted Company Content offered under license to Company. Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights to the Company Content, Service and Site Do not reprint, republish, repost, or otherwise distribute or transmit content, including text, video, and images presented on the Site or through the Service. Unauthorized use of, or copying of Company Content can subject you to civil or even criminal liability.
- Third-Party Content. The Service and Site contain content from all Users and third parties. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or Site. Unauthorized use of, or copying of content, trademarks, and other proprietary material can subject you to civil or even criminal liability.
- Removal of Content Posted. Company may remove any content that violates this Agreement, may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company assumes no responsibility for monitoring the Service or Site for inappropriate content or conduct.
- Member Submitted Content. You are responsible for the content that you post or is posted through your account, on the Site or through the Service and your Student Page, and for any material or information that you transmit to other Users for your interactions with other Users. Company does not endorse the content you post. Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, as to the accuracy and reliability of the content or any material or information that you transmit to other Users.
- Company as an Online Service Provider
- DEEP DRIVEN PRODUCTIONS PTY LTD reserves the right to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Company Service or Site at any time, for any or no reason, with or without notice, and without liability.
- Digital Millennium Copyright Act (DMCA) Title II, the Online Copyright Infringement Liability Limitation Act (OCILLA), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder’s agent. OCILLA also includes a counter-notification provision that offers OSPs a safe harbor from liability to their users, if the notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users’ identity.
- The Company respects the rights of copyright holders and publishers and requires all users and members to affirm that they hold the copyright or have appropriate permission for the content that they upload. If we receive a notice that content infringes another party’s copyright, the member’s account may be terminated and the content will be removed from the Site and Service.
- Notification of Claimed Copyright Infringement. If you believe that someone else has uploaded your copyrighted content without your permission, please submit the following information pursuant to 17 U.S.C. (512(c)(3)(A)(i-vi)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- 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.
vii. You can email us at admin@ProGuitarLabs.com
viii. Please note that under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability for damages.
- Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
- Subscribers to this site have not purchased or rented the video content of this site. The video content on this site is made available to subscribing students in conjunction with an active membership to this site, and is to be viewed only on the ProGuitarLabs provided website video viewer, for the sole purpose of learning to play a musical instrument. Downloading or “ripping” of videos, text content, or images to a local storage device to circumvent ProGuitarLabs subscription/member fees, or for any other reason, is expressly forbidden. ProGuitarLabs reserves the right to legally pursue any student or member of the public who downloads any content, images or videos found on this site in violation of this agreement or shares access to this site with anyone other than one registered user per paid account. DEEP DRIVEN PRODUCTIONS PTY LTD strenuously protects its copyrighted material.
- Please finally note that violation of the Company Copyright Policies may result in termination of your service.