Terms and Conditions

Welcome to Campfire Guitar. The Campfire Guitar Website and network (collectively, “Website” or the “Services”) are operated and provided by CAMPFIRE GUITAR LIMITED (“Campfire Guitar” or “we” and “us”).

1. COMPANY DETAILS

1.1 The main country of domicile for Campfire Guitar is Hong Kong. The company is incorporated with the Companies Registry of Hong Kong (Registration Number 2038663) as follows: CAMPFIRE GUITAR LIMITED at RM 2307, 23/F Hing Yip Comm Cttr 272-284 Des Voeux Road, Central HONG KONG. The office telephone number is: 3757. 9664.

1.2 The Campfire Guitar customer service satellite office is located at 856 West Sunset Boulevard, Suite 400 and 500, West Hollywood California 90069 U.S.A. The office telephone number is: 424.274.4558. The office facsimile number is 424. 274. 4501.

1.3 The Campfire Guitar contact email address is contact@campfireguitar.us. All correspondence to Campfire Guitar including any queries you may have regarding your use of the Website, your use and/or purchase of Campfire Guitar’s Products and Services or these Terms, should be sent electronically to the aforementioned email address.

2. ELECTRONIC COMMUNICATIONS

2.1 When you visit our Website, contact us via our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. TERMS OF USE

3.1 Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use Campfire Guitar Services. By accessing or using our website, which includes our e-commerce store, you (“you” or the “User” or “General User”) signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Terms”), whether or not you are a registered Account Holder or Member of our website. Some Services may be subject to additional posted rules, policies and terms.

3.2 We may change our Terms of Use from time to time. When you use these Services, you shall be subject to new or revised terms and conditions, which are incorporated into these Terms of Use (and, consequently, form part of your agreement with us). Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by any future Terms of Use, do not continue to access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

3.3 Use of the Services transmitted via our Website are intended for users who are 13 years of age or older. If you are under 13 years of age, please do not use the Campfire Guitar Website or Services.

3.4 Please see our Privacy Policy here for information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Services.

4. MATERIALS ON THIS WEBSITE

4.1 COPYRIGHT

(a) All materials (including software and content whether downloadable or not) contained on the Website or within the Products and Services are owned by Campfire Guitar Limited, (or our affiliates and/or third party licensors, as applicable), unless indicated otherwise.

(b) You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(c) Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use the Website

(d) You acknowledge and agree that certain content on the Website and in the Products and Services is the property of third party licensors and without prejudice to any an all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.

(e) This website is not intended for third party commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials on our Website for commercial purposes without obtaining written licence from to do so from us.

4.2 USE OF MATERIAL

(a) Material from this Website may not be used for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website.

(b) You agree that you will not interfere with another user’s use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.

(c) Appropriate legal action will be taken for any illegal or unauthorized use of the Website.

4.3 TRADEMARKS

(a) Campfire Guitar, the Campfire Guitar logo, related design, images and content, and all other Campfire Guitar product or service marks are trademarks of Campfire Guitar. All intellectual property, other trademarks, logos, images, products and any company names displayed or referred to on the Website are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.

4.4 BROADCAST UNDER LICENSE

(a) Campfire Guitar content is broadcast in accordance with licensing agreements with The American Society of Composers, Authors and Publishers (ASCAP) under the following license number: 400 004 739

5. AVAILABILITY OF THE WEBSITE

5.1 Although we aim to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the Product and Services will be fault free. If a fault occurs in the Website or Services, please report it to us at contact@campfireguitar.us and we will correct the fault as
soon as we reasonably can.

5.2 If the need arises, we may suspend access to the Website. We will not be liable to you if the Website is unavailable for any period of time.

5.3 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Product or Services. We will restore the Product or Services as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order, requests for cancellations or membership, refunds or returns of product via email at contact@campfireguitar.us.

6. ACCOUNT HOLDER REGISTRATION TO ACCESS FREE CONTENT

6.1 An ‘Account Holder’ is eligible to access to certain sections, features and functions of the Website, free of charge, that are not available to non-Account Holders.

6.2 You may register as an Account Holder of the Website free of charge. To become an Account Holder you need to go to the relevant section of this Website, then submit the requested registration information including your email address to us, and create a username and password to be used in conjunction with that email address.

6.3 By registering as an Account Holder through our Website you warrant that:

(a) you are at least 18 years old;

(b) you are legally capable of entering into binding contracts;

(c) if you are between the ages of 13-17 years old and therefore not legally capable of entering into binding contracts, that permission has been granted by your legal guardian to use this Website;

(d) if you are between the ages of 13-17 years old your legal guardian has agreed to the terms and conditions that apply to your use of this Website and accepts responsibility for your use of this Website and your contractual obligations based on the Terms of Use herein;

(e) all registration information you submit is truthful and accurate;

(f) you will maintain the accuracy of such information; and

(g) your use of the Website does not violate any applicable law or regulation;

6.4 Account Holders are responsible for maintaining the confidentiality of their account and password details and for restricting access to their computer, mobile telephone, smart phone, tablet, iPad, etc. (‘Device’).

6.5 Account Holders are responsible for keeping all contact details and other necessary account information up to date at all times.

6.6 By agreeing to become an Account Holder you opt in to receiving regular electronic communication from Campfire Guitar including; news alerts, company updates, special offers and other promotional material

6.7 You are responsible for all activities that occur under your account. You may be held liable for any losses incurred by Campfire Guitar or another party due to someone else using your account. You may not use anyone else’s account at any time.

6.8 Account registrations are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

6.9 If you no longer wish to be an Account Holder you need to go to the relevant section of this Website to deactivate your account.

7. MEMBERSHIP TO CAMPFIRE GUITAR AND ACCESS TO MEMBERS AREA AND OTHER RESTRICTED CONTENT

7.1 A ‘Member’ is eligible to access all available sections, features and functions of the Website, including restricted areas and content, which is not available to non-Members.

7.2 You become a Member when you purchase either of the following products via our Website:

(a) ‘Our Online Lessons’

(b) A guitar from the ‘Our Guitars’ range

7.3 Members must meet the age requirements as per Section 9 of these Terms

7.4 At the time of purchase you will be asked to either login to your existing account if you are an Account Holder or to submit your email address to us, and create a username and password to be used in conjunction with that email address in order to access the Members Area of the Website

7.5 The period of Membership is ‘unlimited’

7.6 For the purposes of ‘unlimited’ Membership the contract period constitutes 100 years.

7.7 Members are responsible for maintaining the confidentiality of their account and password details and for restricting access to their computer, mobile telephone, smart phone, tablet, iPad, etc. (‘Device’).

7.8 Members are responsible for keeping all contact details and other necessary account information up to date at all times.

7.9 You are responsible for all activities that occur under your account. You may be held liable for any losses incurred by Campfire Guitar or another party due to someone else using your account. You may not use anyone else’s account at any time.

7.10 By becoming a Member you opt in to receiving regular electronic communication from Campfire Guitar including; news alerts, company updates, special offers and other promotional material

7.11 Membership is not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

7.12 If you no longer wish to be a Member you need to go to the relevant section of this Website to deactivate your account.

7.13 If you no longer wish to be a Member, and you are not entitled to a refund as per 10.1 of these Terms then you are not eligible for any financial compensation upon termination of your membership.

8. TRANSACTIONS VIA THE CAMPFIRE GUITAR WEBSITE

8.1 By making a transaction via our Website, you warrant that:

(a) you are at least 18 years old;

(b) you are legally capable of entering into binding contracts;

(c) all billing information you submit is truthful and accurate;

(d) you will maintain the accuracy of all account registration information; and

(e) your use of the Website does not violate any applicable law or regulation.

8.2 You agree not to hold us responsible for banking charges incurred due to payments on your account.

9. CANCELLATIONS OF MEMBERSHIP, REFUND POLICY AND RETURN OF PRODUCT

9.1 If you have obtained Membership through 7.2 (a), you may cancel your Membership in line with our cancellation policy as outlined in this term 9.1. You can cancel your Membership within the 30 day money back guarantee offer, which entitles you to cancel your Membership and have the full cost refunded to you up to 30 calendar days from your first date of payment. To request a refund, please email us at contact@campfireguitar.us with your receipt/proof of purchase information. We refund with the same payment method you made your purchase with – for example, if you purchase with your Visa card we refund that same Visa card.

9.2 If you’re not satisfied with your guitar, neither are we. If you any reason you’re not completely satisfied with the guitar you have purchased, you must return it in its original condition within 30 calendar days from the original delivery date to be eligible for a refund. In order to process a return and refund please sends us an email with with your receipt/proof of purchase information. Refunds are subject to terms of 9.3.

9.3 In order to qualify for a refund;

(a) If you would like to return your guitar please email us at contact@campfireguitar.us and will will help you to arrange return shipping. Returned guitars must be shipped to us. Unfortunately at this stage we cannot accept returns in person;

(b) Returned guitars must also include all original packaging and accompanying materials;

(c) Returned guitars must be in original, brand-new condition, showing no signs of wear or use such as activation of the in-built tuner, belt-buckle or pick scratches, scuffs, dings or scrapes on the instrument or collateral materials;

(d) Please help us to get the guitar back safely. Returned guitars must be packaged suitably to avoid any damage during the postal and returns process;

9.4 Once a refund is processed as per 10.2, your Membership as per 7.2 (b) will be cancelled.

10. TERMINATION

These Terms of Use shall remain in full force and effect while you use the Campfire Guitar Website. Campfire Guitar may restrict, suspend, or terminate your access to all or any part of our site at any time and for any reason. These Terms of Use will remain in effect even after your membership is terminated.Campfire Guitar also has the right to refuse, move or remove any material that you submit on or through the Website, and to establish general practices and limits concerning use of the Website.

11. INDEMNIFICATION

You hereby agree to indemnify, defend and hold Campfire Guitar, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (the “Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs, including any attorney’s fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Website, you violation or breach of any of these Terms, your connection to the Website, or your violation of the rights of any other person or entity.

12. WARRANTY DISCLAIMERS

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Campfire Guitar, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Campfire Guitar makes no warranties or representations about the accuracy or completeness of Campfire Guitar’s Website content or the content of any other websites linked to this Website and assumes no liability or responsibility for any;

I. Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Campfire Guitar Website;

II. Any unauthorized access to or use of Campfire’s secure servers and/or any and all personal information and/or financial information stored therein;

III. Any interruption or cessation of transmission to or from the site;IV. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or;V. 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 services made available via the Website

13. LIMITATION OF LIABILITY

In no event will Campfire Guitar or any other party who has been involved in the creation, production, distribution, promotion, or marketing of the services or these terms of use be liable to you or any other party for any special, indirect, incidental, reliance, exemplary, or consequential damages, including, without limitation, loss of data or profits, or for inability to use the site, eve if Campfire Guitar or such other party has been advised of the possibility of such damages. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. In no event shall the aggregate liability to you or Campfire Guitar and any other party excess one hundred ($100.00) for any and all claims, damages, and other theory of liability.Some U.S states do not allow, and other jurisdictions may not allow, the limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

14. CHOICE OF LAW AND FORUM

These Terms of Use shall be controlled by the laws of Hong Kong, giving no effect to choice of law provisions. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Courts in Hong Kong, Special Administrative Region, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

15. WAIVER AND SEVERABILITY OF TERMS

The failure of Campfire Guitar to exercise of enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms of Use remain in full force and effect.

16. ASSIGNMENT

The Terms of Use and our rights hereunder may be assigned, in whole or in part, by Campfire Guitar or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

17. ENTIRE AGREEMENT

These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and Campfire Guitar and govern your use of the Services, superseding any prior agreements between you and Campfire Guitar. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Campfire Guitar Products and Services. These Terms of Use cannot be changed or terminated orally.

18. NOTICE

We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on this Website or delivering them to you via email. It is your responsibility to keep you email address information up to date through your Account, provide Campfire Guitar with accurate information and notify Campfire Guitar of any changes to your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.