The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of the Live4guitar Marketplace web site (Site).
The Site are owned and operated by Underground Promotions Limited
(Live4guitar or we or us).
The Site and the content uploaded to the Site are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Lessons.
Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Live4guitar in relation to your use of the Site.”
If you do not want to agree to these Membership Terms, you should navigate away from this page.
Members who buy Lessons will only acquire a license to use that Lesson. This is dealt with in more detail in clause 13.
If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the application details you provide before clicking “I agree”, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the Site on behalf of such third party.
Membership Terms and Conditions
In these Membership Terms:
The site content is available for viewing by any person browsing the internet but only a person, who has become a member, is able to sell and buy lessons.
To become a member you must be 18 years old or over.
We reserve the right to refuse or revoke your membership at our discretion at any time.
We are not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your membership at any time.
You cannot transfer your membership to another party.
Once membership is granted you will only be able to buy and sell lessons with use of the username and password you set up when you signed up for membership.
You are responsible for each and every access or use of the site that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the areas of the site where you can buy and sell lessons.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the site using your username and password.
You agree that you are liable for any and all claims made by a third party arising out of your access to, and use of, the site as a member.
3. Buying and selling
Live4guitar Marketplace is online facility that allows you to sell, and buy lessons.
The Instructor retains the ownership and copyrights of the lesson. We do not obtain any right of ownership or use (including any intellectual property rights) in respect of the lessons.
We do not warrant that the lessons or any content, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party.
Lessons covering popular songs by other artist are normally subject to copyrights. These are in most cases covered by our Music Licence.
Any lessons based on songs by other artists, not covered by our PRS for Music licence, may be removed from the site in a case of a dispute.
We do not have any control over, and take no responsibility for the quality, content or legality of the lessons downloaded from The Site.
4. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site.
We may, in its absolute discretion, and for any reason, and at any time, with or without notice:
You agree that We will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
5. Fees and Services
You do not have to pay a fee to become a Member.
You do not have to pay a fee to sell lessons on the Site.
If you are a Buyer of a Lesson, you will pay a fee to buy the right to use that Lesson in accordance with clause 13.
If you are an instructor, you will receive the fee (less the commission to which Live4guitar is entitled in accordance with clause 15) collected by Us for each sale of your Lessons to a Buyer.
All payments by Buyers on the Site must be paid through PayPal.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All references on the Site to “$” and “dollars” are to the lawful currency of the United States of America unless otherwise specified.
All prices on the Site are expressed in US currency. Payment will be made in accordance with the rules of the applicable PayPal.
The Buyer is responsible for all costs of currency conversion.
Where a payment is made by Us to an instructor, the instructor is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.
6. Member Information
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Us, Our agents and contractors in relation to the provision of services accessible on the Site, including marketing activities in relation to the Site.
By creating a profile at marketplace.live4guitar.com you are subscribing to receive our promotional offers by email. To unsubscribe from future promotions, please go to your account/edit profile and tick the email notifications box at the bottom of the page.
7. Proprietary Rights
Live4guitar, Our licensors, advertisers or affiliates own all:
Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.
8. Copyright Agent
Live4guitar respects the intellectual property rights of others, and, We require that you do the same.
If you believe that a work of which you are the owner is infringed by a Lesson being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Us:
On receipt of a Copyright Claim, We will take down the Lesson that is the subject of the Copyright Claim and seek an explanation from the Instructor who uploaded it.
9. Trade Marks
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trade Marks of Ours and others.
A Trade Mark may not be used by you without the approval of its owner.
Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trade Mark displayed on the Site without the written permission of its owner.
10. Confidential Information and Privacy
Live4guitar does not warrant or represent that your use of the Site will be confidential.
We are not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.
While We have taken precautions to protect information that you transmit to the Site over the internet, We do not warrant the security of that information. Once We receive your transmission, We will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Site.
When using the Site or dealing with other users of the Site you must respect the privacy and legal rights of other Members.
11. Member Accounts
When your application for Membership is accepted by Us, you will have a single account that is accessible by you from the Site (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Us (as a Buyer) and payments made by Us to you (as an instructor or in accordance with clause 18) (Member Ledger).
12. Payments from Member Ledger
You can make a payment into your Member Ledger by PayPal.
You authorise Us to:
Live4guitar is not a licensed financial service provider, nor do We conduct the business of banking. Live4guitar provides its services as a cashier using a payment processing service rather than a banking service.
Any monies that you deposit into your Member Ledger must be used to pay for Lessns you buy on the Site.
LIVE4GUITAR will not refund any monies that you deposit into your Member Ledger as a Buyer. Any monies that you deposit into your Member Ledger as a Buyer, that are not used for a period of 12 months, will be forfeited to Us.
However, if you make a new deposit into your Member Ledger, before forfeiture of any unutilised previously made deposits, the whole of the balance of your Member Ledger (comprising both the new deposit and the balance of the previous deposit) will be available for use by you for a period of 12 months from the date of the new deposit but to the extent it is not used after the expiration of 12 months will be forfeited to Us.
We may, but are not obliged to, warn you about the forfeiture before it occurs.
Live4guitar will pay to you amounts earned by you as an Instructor subject to the following conditions:
Other than as provided for in clause 13, We will not pay any earnings standing to your credit in your Member Ledger which are less than $50.00 in total.
You must bear all expenses incurred by Us in paying monies back to you. Payments made via a SWIFT transfer incur a processing fee of $35 for each payment.
13. Buying Lessons
When you buy a Lesson, you acquire a license to use that Lesson.
If you buy a Lesson, you do so on the following terms:
You acknowledge and agree that despite Our reasonable precautions, Lessons may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Live4guitar reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Live4guitar will immediately arrange for any payment to be refunded.
14. Selling Lessons
As a Member, you may not start selling Lessons over a Site unless you first:
You warrant Us and each Buyer that, as an Instructor, in relation to each Lesson that you offer for sale on any of the Site:
As a Instructor, you must:
You acknowledge and agree that any Lesson offered for sale by you on the Site must first be submitted to Live4guitar to enable us to check the quality of the Lesson and the information provided with the Lesson.
Live4guitar may refuse, in its sole discretion, to allow you to offer the Lesson for sale on a Site. Live4guitar is not required to give reasons for refusing to allow you to offer a Lesson for sale on a Site.
You acknowledge and agree that If Live4guitar determines, in its absolute discretion, or is notified by a third party, that a Lesson that you offer for sale on a Site does not comply with any applicable laws and/or these Membership Terms, Live4guitar will disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Lesson until the earlier of:
If after two years, the dispute has not been resolved, Live4guitar will pay amounts standing to your credit in your Member Ledger to you via PayPal.
You acknowledge and agreed that Live4guitar will, in its sole discretion, determine the fee payable for each Lesson on the Site.
You acknowledge and agree that Live4guitar may, at its sole discretion, elect at any time to remove your Lessons from a Site without notice to you. Live4guitar is not responsible for any loss that you may suffer as a result a Lesson being removed from any of the Site by Live4guitar.
Live4guitar is not liable for any loss suffered by you as a result of a Buyer making use of a Lesson that you offer for sale on a Site contrary to the conditions on which the Lesson was sold to the Buyer.
You agree and acknowledge that Live4guitar may use your Lesson (or part of a Lesson) from time to time to promote the Site, including on a features page on a Site itself.
If one or more of your Lessons is sold over the Site, Live4guitar will credit your Member Ledger with the balance of the fee received from the Buyer (that is the gross fee less Live4guitar’s commission).
You authorise Live4guitar to collect and distribute such fees and commissions on your behalf.
Commission rates may be varied by Live4guitar at its sole discretion, from time to time.
Any changes to the commission rates by Live4guitar will take effect on and from the date on which notice of the variation is posted by Live4guitar on the Site.
If you choose to sell a lesson exclusively on The Live4guitar Marketplace you are entitled to 50% of the sales.
If you chose to sell the same lesson elsewhere as well as on The Live4guitar Marketplace you are entitled to 25% of the sale.
In both cases you may sell any other material elsewhere without incurring any penalties.
Any breach of these conditions will result in account suspension and withhold of any payments.
16. Prohibited Conduct
You warrant that while using the Site and the various services and features offered on or through the Site, you will not:
You must not:
You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’ services, or any content of the Site or any of its domains, or make any unauthorised use of the Site or the Site’ services or any content of the Site or any of the domains of the Site.
You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Live4guitar reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Live4guitar.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
17. Linking to the Site
You agree that if you include a link from any other web site to one or more of the Site, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to any of the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
18. Third Party Site
You may be able to link from the Site to third party web Site and third party web sites may link to the Site (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.
The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Live4guitar and the operator of that Linked Site or any endorsement or sponsorship by Live4guitar of that Linked Site.
Live4guitar disclaims any liability for links:
Live4guitar is not responsible for any form of transmission received from any Linked Site.
19. Public Forums
Live4guitar may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Live4guitar.
You also may not offer to buy or sell any Lesson or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Site and the consequences of any of your activities on the Site.
Live4guitar reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Live4guitar is not responsible for, and assumes no liability for, any such materials posted by users. However, Live4guitar reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Live4guitar’s sole discretion are objectionable or in violation of these Membership Terms, Live4guitar’s policies or applicable law.
Live4guitar may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Live4guitar does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
Under no circumstances (including but not limited to any act or omission on the part of Live4guitar) will Live4guitar or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site.
To the fullest extent permitted by law, Live4guitar’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Live4guitar to the following:
21. Indemnification and Release
You are solely responsible (and agree that Live4guitar has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Live4guitar (as well as Live4guitar’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
Live4guitar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Live4guitar’s defence of such claim.
22. Changes to Membership Terms
Live4guitar may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices.
Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
23. Relationship between the Parties
Nothing in these Membership Terms:
If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
24. Suspension or Termination
Live4guitar may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
Should Live4guitar elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.
26. Applicable Laws
If you make use of the Site, or the Lessons, content, code, data or materials on the Site or available through the Site, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of England and Wales and other countries and may be subject to liability for such unauthorised use.
We control and operate the Site from our offices in The United Kingdom. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The laws of England and Wales govern these Membership Terms. Both Live4guitar and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of England and Wales.