Terms of Service
DEEP DRIVEN PRODUCTIONS PTY LTD (trading as “Pro Guitar Labs”) facilitates distance music learning as well as local in-person training in Musical Instruments; particularly Guitar.
Pro Guitar Labs’ service and network are provided by Pro Guitar Labs and its affiliated entities or individuals (collectively, the “Company” or “Pro Guitar Labs”).
- Term, Membership Renewal, and Fees
- Recurring Billing. Under this program, you authorise us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted).
- Billing Cycle. Unless you change your renewal status as described below, at the time of each such renewal you authorise us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. Your credit card or PayPal will be charged at the end of the current term of your membership plan unless you cancel your subscription as described below.
iii. No Refunds. The Pro Guitar Labs payments are non-refundable. All fees relating to course membership, including the initial payment and any subsequent automatic renewal payments (as described above), are non-refundable. You must cancel your subscription before it renews at the end of your current billing period in order to avoid the next billing. If you cancel your subscription, the cancellation will be effective at the end of the current billing period. We do not offer prorated refunds or credits for any portion of the subscription fee for a cancelled subscription. All requests for an exception must be submitted in writing to admin@ProGuitarLabs.com. No refunds will be given if the student has filed a chargeback/dispute with their payment provider or there is indication of excessive use of the site’s video lessons or other services provided on the site. The ProGuitarLabs does not offer discounts to students for multiple school enrollments at this time. The amount and form of any credit or refund and the decision to provide them are at OUR SOLE AND ABSOLUTE discretion.
- Gifts. All Gift Card and Gift Certificate sales are final, cannot be redeemed for cash, and non-refundable.
- Cancellation. You may terminate this Agreement at anytime by simply emailing your cancellation intention to admin@ProGuitarLabs.com at least 24hours prior to the date of your monthly billing cycle. You will continue to have access to the ProGuitarLabs service through the end of your current billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
- Service Terms
- User Registration. If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process (“Registration Process”). You will provide all content and other materials for posting on the Site in accordance with the Company’s policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.
- Account-Related Activity. Certain activities on the Site require you to have an account including enrolment into courses. We ask for some personal information when you create an account, including without limitation your email address and a password, which is used to protect your account from unauthorized access and credit card information. An account allows you to access the Service and Site that require payment and registration.
- Usage Information. We may record information about your usage, including without limitation such as when you use the Site and/or Service, the classes you subscribe to, the contacts you communicate with, the videos you watch and the frequency and size of data transfers, as well as information you display or click on the Site.
- Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose online (on discussion boards, IM communications, in messages and chat areas) become publicly available and can be collected and used by others.
- Advertising. You acknowledge that the Company reserves the right to advertise on any portion of the Service and/or Site at its sole discretion. These advertisements may be targeted in a variety of ways including without limitation being based upon the content of information stored on the Service, provided by you, queries made through the Service by you, or other information provided by you, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by the Company through the Service or on the Site will be subject to change without specific notice to you. In consideration for the Company granting you access to and use of the Service, you agree that the Company may place such advertising through the Service or on the Site.
- Prohibited Content and Activities. While using the Service and/or Site you represent and agree that you will not:
- Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
iii. Use automated scripts to collect information from or otherwise interact with the Service or Site.
- Engage in any commercial activity unless expressly approved in writing by the Company.
- Engage in unauthorized framing of or linking to the Site.
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
vii. Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
xii. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
xiii. Intimidate or harass another user.
xiv. Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or Site.
xvi. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the company or its users to any harm or liability of any type.
xvii. Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.
xviii. Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to you or any access to the site other than one registered user per paid account.
Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company’s sole discretion.
- Member Email Usage. The Company reserves the right to restrict the number of emails which a user may send to other users in any twenty-four (24) hour period to a number that Company deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to the Company that will be difficult, if not impossible, to ascertain monetary harm. As liquidated damages for such harm, you agree to pay the Company twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which the Company may be entitled to under this Agreement, at law or in equity.
- Inappropriate Activity. While Company assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that Company believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Company, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Company reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.
- Your Content Posted to the Site. You are solely responsible for the content, profiles (including your name and image), messages, notes, text, information, music, art, pictures, drawings, renderings, video, advertisements, listings and any and all other content that you upload, publish or display (hereinafter, “post”), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the “User Content”). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion.
You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.
- User Generated Content – Content License. By Submitting User Content to the Site or Service you hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute User Content, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Service and the Site and the business of the Company, including without limitation for promoting, transmitting and distributing the Site, the Service, or any part or derivative thereof, in and through any media and channels. By submitting User Content to the Site you further hereby grant to the Company a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivate works of, transmit, publish and distribute User Content for their personal, non-commercial use as permitted through the Service and Site. You are solely responsible for User Content and the consequences of User content being posted on the Site and/or distributed through the Service and Site, and the Company’s right to use the User Content under this license shall not lapse even if this Agreement and/or your association is terminated with the Service and/or Site. Company reserves the right to continue to display previously submitted User content that Company deems appropriate in its sole discretion. You agree that you are solely responsible to pay all royalties, fees, taxes and any monies owing to any entity or person by reason of posting your Content on the Service and/or Site, and agree to indemnify and hold harmless the Company from any liability related to such.
- Website Administration and Security. The Company will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.
- Limitation of Liability
- IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.
- Representations, Warranties and Indemnification
- YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR SERVICE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE OR SERVICE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.
- YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITE AND/OR SERVICE LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
- Disputes Between Users. The resolution of disputes that may arise between users is the sole responsibility of the users and Company has no liability or obligation with respect to any such disputes.
- This Agreement will be governed by the substantive laws of the Australia and the State of Victoria (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction).
- There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between the Company and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.