Terms & Conditions — Big Jersey Guitar Camps

Terms and Conditions

Updated: March 8, 2023

I. TERMS AND CONDITIONS OF SITE USE

PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to www.bigjerseyrecords.com,www.bigjerseyguitarclub.com, www.bigjerseyguitarcamps.com, and their sub-domains and affiliated sites, as well as Big Jersey, LLC, Big Jersey Music Camps, LLC, pages and accounts on Teachable®, Facebook®, Instagram®, Pinterest®, and YouTube® (the “Sites”). Please read these Terms and the Privacy Policy carefully, as it is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. These Terms may be modified from time to time, and any modifications will be effective immediately when posted. All changes made will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

1. SITE CONTENT

The Sites are exclusively owned, operated and controlled by Big Jersey, LLC (hereinafter “Big Jersey”, or the “Company”) and/or its subsidiaries Big Jersey Records, LLC, and Big Jersey Guitar Club, LLC, Big Jersey Music Camps, LLC, and Big Jersey Guitar Camps, LLC. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of our content, at the sole discretion of Big Jersey, in addition to any penalties or fines that may be imposed under United States criminal and civil laws.

2. INTELLECTUAL PROPERTY

Big Jersey owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. Big Jersey Records™, Big Jersey Guitar Club™, Big Jersey Guitar Camps™, Big Jersey, LLC and all related names, product and service names, logos, slogans and designs are the property of Big Jersey, and you may not use these marks without prior written permission. All other names, logos, product and service names, designs and slogans, if any, on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.

3. THIRD PARTY RIGHTS

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Big Jersey either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

4. LINKING TO OUR SITES

Anyone linking to the Sites must comply with all applicable laws and agrees not to: (i) misrepresent their relationship with Big Jersey; (ii) present false or misleading information about Big Jersey Records™, or Big Jersey Guitar Club™, or Big Jersey Guitar Camps™; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

5. ADVERTISEMENTS, LINKS AND AFFILIATE LINKS

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Big Jersey of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Big Jersey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

6. DISCLAIMER AND LIMITATION OF LIABILITY

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. Big Jersey TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR USE OF THE SITE IS BORNE BY YOU.

PLEASE ESPECIALLY NOTE: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.

LIMITATION OF LIABILITY: We assume no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.

7. CHOICE OF LAW AND JURISDICTION; VENUE

You agree that in the extremely unlikely event of a dispute with the Company, to be bound by the Laws of the State of New York, of the United States of America, and further agree to waive any and all right to trial by jury and to be bound by the determination of an Arbitrator under laws of that State of New York.

8. YOUR COMMENTS AND CONCERNS

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to info@bigjerseyguitarclub.com. Thank you for visiting the Sites!

II. TERMS AND CONDITIONS OF PURCHASE

These Terms and Conditions of Purchase (“Terms and Conditions”) set forth your rights and responsibilities for accessing the Big Jersey Records site, the Big Jersey Guitar Club site, and/or any proprietary products, such as Let’s Practice™, Learning Clubs™, or Song Intensives™ at www.bigjerseyguitarclub.com, www.bigjerseyrecords.com, and their sub-domains and affiliated sites, as well as “Big Jersey Guitar Club” “Big Jersey Records”, “Big Jersey Guitar Camp” or “our” pages and accounts on Teachable®, Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully.

These Terms and Conditions shall be part and parcel of the legally binding contract between Company (including other associated materials and sites linked and/or referenced hereto and operated or controlled by Big Jersey, LLC), and you regarding your purchase of audio content, video content, website content, and printable materials (herein referred to as the “content” or “products”). The content shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). The individual agreements between the Company and you together with these Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.”

In the event of any conflict between any individual agreement and the content of the above mentioned documents being part of this Agreement with respect to your purchase, the individual agreement shall prevail over any conflicting clause of the Terms and Conditions of Purchase and the Privacy Policy, and the Terms and Conditions of Purchase shall prevail over conflicting content of the Terms and Conditions. By purchasing this product, you (herein referred to as “customer”) agree to the following terms:

1. APPLICABILITY

For all orders via the Company’s online shop by consumers, entrepreneurs and businesses, the following Terms and Conditions of Purchase shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms and Conditions of Purchase.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly noncommercial. An entrepreneur and/or business is a natural person, a legal partnership, or legal corporation that, when entering into a legal transaction, does so for commercial or independent professional activity.

With regard to entrepreneurs and businesses, these terms and conditions also apply to future business relationships.

2. CONTRACT PARTIES, CONCLUSION OF CONTRACT

The contract of purchase is with Big Jersey Guitar Camp, LLC., or Big Jersey, LLC. Please see the imprint on the website or the confirmation e-mail of the Company for further information and contact details.

You agree to use your correct name and to provide only true and complete information and data on your order.

The listings of products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitation to bargain). You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.

By clicking “Buy Now” or “Purchase” or the like in the final step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Shortly after submitting your order you will receive a confirmation by e-mail. The contract is entered into and legally binding for both parties only upon receipt of the Company’s confirmation e-mail confirming the availability of the products ordered, and/or delivery of the products.

3. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT

You may access these Terms and Conditions of Purchase at any time by visiting https://bigjerseyrecords.com/terms-and-conditions.

We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. The modified terms and conditions will accessible to you at https://bigjerseyrecords.com/terms-and-conditions. If you have any questions, please contact us directly at info@bigjerseyguitarclub.com

4. PRICES & PAYMENT TERMS

In our online shop you can make use of the following payment methods:

Credit card

If you choose to, you may use the option to pay by credit card.

By submitting the order, you also submit your credit card details.

After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.

PayPal

PayPal is available as a payment option for purchases.

During your order you may be redirected to the PayPal website. In order to pay the invoice amount via PayPal, you may have to be registered with PayPal. After placing your order in the shop, we submit a request to PayPal to initiate the payment. The payment transaction will then be immediately carried out automatically by PayPal.

All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes.

Listed prices do not include taxes. You will have notice of all such applicable taxes by reviewing your pre-purchase total in your shopping cart and in your order confirmation e-mail.

United States state laws vary on whether sales tax must be collected or not, depending on product type (digital vs. physical, for example). If your state requires Big Jersey, LLC to add sales tax to your particular purchase, sales tax will be added to your invoice in the shopping cart.

We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

5. CUSTOMER SERVICE

The Company aspires to providing its customers full satisfaction.

If you require customer service please email us at info@bigjerseyguitarclub.com. We are a small company, so please be patient while we respond but rest assured we will do our best to help you as quickly as reasonably possible.

6. INTELLECTUAL PROPERTY

You understand and agree that the products contain proprietary information and materials, such as audio tracks, videos, photographs, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Big Jersey Records, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Big Jersey, LLC will prosecute such misconduct to the fullest extent permitted by criminal and civil laws.

Big Jersey, LLC provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You agree not to use any Product Content in a manner that constitutes an infringement of Big Jersey, LLC rights or that has not been authorized by Big Jersey, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products, you understand and are aware that you may not create derivative works, intellectual property, websites, blogs, web content, or any other works that infringe on any of Big Jersey or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Big Jersey and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Big Jersey, AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Big Jersey, (the “Big Jersey Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Big Jersey. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Big Jersey Trademarks inures to the Company’s benefit.

7. THIRD-PARTY MATERIALS AND WEBSITES

Big Jersey may, from time to time, provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Big Jersey, LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Big Jersey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Big Jersey, LLC will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.

8. REPRESENTATIONS AND WARRANTIES

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

9. LIMITATION OF LIABILITY

We no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.

Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.

10. GOVERNING LAW & BINDING ARBITRATION

12. TERMINATION

Big Jersey, LLC is committed to providing all customers with a positive experience. In the event of a breach of this Agreement by you, Big Jersey, LLC in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in a program without refund; and/or, in case the breach of contract is so serious that it is unacceptable for Big Jersey, LLC to go on with the contractual relationship, (b) to terminate this Agreement.

13. INDEMNIFICATION

To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.

14. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Big Jersey, LLC’s intellectual property rights and confidential and proprietary information by you, Big Jersey, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Big Jersey, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction, any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.

15. FORUM/CHOICE OF LAW:

16. NO WAIVER

If Company chooses to waive one provision of this Agreement, that does not mean that any other provision is also waived.

17. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.