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Terms of Use
Acceptable Use Policy
Privacy Policy
Gibson Giveaway - Terms and Conditions

Please read these Terms of Use carefully. They contains important clauses (which, in particular, limit our liability to you, require you to licence content to us, and deal with how disputes will be dealt with) which you should read before using this website.

As outlined below, access or use of this website signifies your acceptance of these Terms of Use (and the documents referred to in them), whether or not you are a registered member.

1. The Terms of Use

1.1 This page (together with the documents referred to on it and, in particular, our Privacy Policy and Acceptable Usage Policy at the end of this page (together, called the “Terms of Use”) tells you the terms and conditions on which you access and make use of this website www.dbTwang.com and its directly associated domains (called “dbTwang”), whether as a Member or unregistered user.

1.2 These Terms of Use were last amended on 12th August 2009. The previous version of the Terms of Use is available here: n/a.

1.3 By accessing or using dbTwang, you agree that you accept these Terms of Use (including any documents referred to in them and, in particular, our Privacy Policy and Acceptable Usage Policy) and that you agree to be bound by them, whether or not you are a Member. Users who register as a Member and click the “I Accept” icon simply confirm their agreement in this regard as a part of the registration process.

1.4 Please read these Terms of Use (including any documents referred to in them and, in particular, our Privacy Policy and Acceptable Usage Policy) carefully. If you do not agree to these Terms of Use, you must refrain from using dbTwang.

1.5 We recommend that you print or save a copy of the Terms of Use (including any documents referred to in them) for future reference.

1.6 We may revise the Terms of Use (including any documents referred to in them) from time to time. Therefore, the Terms of Use (including any documents referred to in them) should be read carefully each time that you intend to use or access dbTwang as, by doing so, you will be bound by the most recent version of them. The last date we revised them is set out above.

1.7 In these Terms of Use, “you” and “your” means both you and/or the person, firm or organisation on whose behalf you are acting.

1.8 None of the provision of these Terms of Use will be interpreted so as to deprive you of any rights you have as a consumer under applicable mandatory law.

2. Information about us

2.1 This website is operated by dbTwang Limited (called “we”, “us”, “our” or other similar expressions and which expressions includes our successors and assigns).

2.2 We are a company with limited liability registered under the laws of Ireland with registered number 456156 and registered office at Moyneux House, Bride Street, Dublin 8, Ireland. This is also our main trading address. Our VAT number is IE96947371. We can be contacted at: admin@dbtwang.com

2.3 Any complaints can be addressed to us at the above address or to admin@dbtwang.com.

3. Eligibility

3.1 Only persons who are eighteen (18) years or older are eligible to become a Member of dbTwang.

3.2 You may not set up an account or profile on dbTwang on behalf of another individual.

3.3 You may only set up an account or profile on dbTwang on behalf of an organisation or firm provided you are fully authorised to do so and to enter into these Terms of Use for and on behalf of such organisation or firm.

3.4 Any purported registration in breach of this clause 3 is void.

4. Membership Registration

4.1 Only Members may post User Generated Content and/or Postings on dbTwang.

4.2 You are not required to register as a Member if you simply want to browse through the Content on dbTwang (although access to certain Content and parts, features and services of dbTwang may be restricted to only certain types of Members).

4.3 Registration as a Paying Member, Non-Paying Member and/or Trade Member is at our sole discretion and may be refused, accepted, suspended, revoked or terminated from time to time without reason or advance notice.

4.4 If dbTwang accepts your application for registration as a Member, you will be provided with an individual account and you will be required to choose a password for your Member account (although we may restrict the password you can choose). You are entirely responsible for all actions on, and Content posted through, your Member account.

4.5 As a condition of registration as a Member, you agree to:

- provide accurate, current and complete information about you as may be prompted by any registration forms on dbTwang (“Membership Information”);

choose an appropriate user ID;
choose a secure password;
maintain the security and confidentiality of your password;
maintain and promptly update all Membership Information, and any other information you provide to us;
be fully responsible for all use of your Member account and for any actions that take place using your Member account;
respect the privacy and rights of other users and Members and their profiles and accounts; and
these Terms of Use including our Privacy Policy and Acceptable Usage Policyand will fully comply with them.

4.6 We may disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. We may also issue you with a new password or user ID if we feel this is necessary for the security and integrity of dbTwang.

5. Accessing dbTwang

5.1 Access to dbTwang is permitted on a temporary basis, and we reserve the right to withdraw, revoke, terminate, amend or suspend, in whole or in part, dbTwang and the service and features we provide on dbTwang, as well as membership of dbTwang without notice. We are not liable if for any reason access to dbTwang or its service or features is unavailable to you, or terminated or suspended, at any time or for any period.

5.2 From time to time, we may restrict or change the levels of access to some parts, features and services of dbTwang, or all of dbTwang, to users who have registered as Members with us. Different levels of access may, at our absolute discretion, be granted from time to time to Members depending on whether they are a Paying Member, Non-Paying Member or Trade Member and such levels of access may be varied at our absolute discretion.

5.3 Members may restrict access to their profile through the privacy settings on their Member account. You agree to respect other users’ privacy settings.

5.4 When using dbTwang, you must comply with the provisions of our Acceptable Usage Policy at the bottom of this page and Privacy Policy. This is a critical condition of membership and use of dbTwang.

5.5 dbTwang may only be used for personal, non-commercial purposes except, in the case of Trade Members, to the extent permitted pursuant to clause 12.

5.6 You are responsible for making all arrangements necessary for you to have access to dbTwang. You are also responsible for ensuring that all persons who access dbTwang through your internet connection or Member account are aware of these Terms of Use, and that they fully comply with them.

6. Site Content

6.1 We are the owner or the licensee of dbTwang and all Content (including User Generated Content and Postings) in or on dbTwang or available through dbTwang, including all related software, intellectual property rights, know how, and the looks and feel, structure and arrangement (collectively “Site Content”). The Site Content is protected by copyright, sui generis database rights and intellectual property laws and treaties around the world. All such rights are reserved.

6.2 You may not extract, re-utilise, modify, copy, harvest, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, licence or sell any Site Content in any form or by any means, in whole or in part, without our prior written permission. This is with the exception of your own User Generated Content that you legally post on dbTwang which is.

6.3 You are granted, subject to full compliance with these Terms of Use, our Privacy Policy and our Acceptable Usage Policy, a limited license to access and use dbTwang and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use or, in the case of Trade Members, for your commercial use to the extent permitted pursuant to clause 12, provided that in either case you keep all copyright or other proprietary notices intact. This licence can be suspended, revoked or terminated, in whole or in part, at any time at our absolute discretion without cause or advance notice.

6.4 You must not modify the paper or digital copies of any Site Content you have printed off or downloaded in any way and you may not upload them to any other websites, intranet sites or incorporate them in any databases or compilations or use them (including in the case of Trade Members) in any way that would prejudice or harm our rights and our business and commercial interests.

6.5 Our status (and that of any identified contributors) as the authors of Site Content on dbTwang must always be acknowledged.

6.6 You must not use any part of the Site Content on dbTwang for commercial purposes without obtaining a written and executed licence to do so from us or our licensors, as the case may be.

6.7 All licences granted by us under these Terms of Use automatically terminate on any breach of these Terms of Use by you.

7. User Generated Content and Postings

7.1 You are solely and entirely responsible for all User Generated Content and Postings posted on or through dbTwang by you or through your Member account. You must, in particular, ensure that all such User Generated Content and Postings are fully compliant with these Terms of Use, our Acceptable Usage Policyand do not harm or infringe any other person’s good name, privacy or intellectual property or other rights.

7.2 You warrant that any User Generated Content and Postings posted on or through dbTwang by you or through your Member account comply with these Terms of Use and the policy, and do not harm or infringe the rights, referred to in clause 7.1, and you indemnify us for any breach of that warranty. You agree, in particular, to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Generated Content or Postings posted on or through dbTwang by you or through your Member account (including any legal costs and expenses suffered or incurred by us arising out of any claims in any way connected with a breach of that warranty). If you are in any doubt, do not post User Generated Content or Postings which may infringe these Terms of Use, our Acceptable Usage Policy or any other person’s good name, privacy or intellectual property or other rights.

7.3 User Generated Content or Postings may only be posted on or through dbTwang (by you or through your Member account) that you created or, if it is created or owned by someone else, with their clear and express permission to post it on or through dbTwang and provided that they are aware of, and agree to, the licensing terms set out in these Terms of Use.

7.4 We may reject, refuse to post, revise, edit or delete any User Generated Content for any or no reason without notice.

7.5 Despite clause 8.2, we will endeavour not to distribute or grant access to User Generated Content posted on your profile to the extent to which you restrict access to such User Generated Content using the privacy settings on your Member account.

7.6 You acknowledge and agree that all Postings posted on or though dbTwang by you or through your Member account which are not posted on your profile:

are non-confidential, not private and will be fully available to any person accessing or using dbTwang;
can only be removed from dbTwang by us (and, consequently, cannot be removed by you).

7.7 We reserve the right to suspend your account or prohibit you from using dbTwang if User Generated Content and/or Postings are posted on or through dbTwang by you or through your Member account which are not compliant with our Acceptable Usage Policy, these Terms of Use or which harms or infringes any other person’s good name, privacy or intellectual property or other rights or breach these Terms of Use.

7.8 We have no responsibility or liability whatever:

for any User Generated Content and/or Postings posted on or through dbTwang which infringes the intellectual property rights or other rights of any person; and/or
in respect of the content or accuracy or truthfulness of any User Generated Content and/or Postings posted on or through dbTwang,

and we do not investigate, monitor or check for lawfulness, accuracy, appropriateness, or completeness any such User Generated Content and/or Postings. We reserve the right, however, to review User Generated Content and/or Postings posted on or through dbTwang from time to time although we have no duty to do so and do not accept any responsibility where we do so.

7.9 We reserve the right, at our absolute discretion and without any reason, to disable access, remove, delete, revise or edit any User Generated Content and/or Postings, in whole or in part, posted by you, through your Member account or by any person on or through dbTwang without any notice or reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content and/or Postings posted on or through dbTwang by you or through your Member account.

7.10 We reserve the right to remove commercial content at our absolute discretion and without notice.

8. Licence Granted by You

8.1 We do not assert any rights of ownership over User Generated Content and Postings posted on or through dbTwang by you or through your Member account.

8.2 When User Generated Content and/or Postings are posted on or through dbTwang by you or through your Member account, you automatically grant us a perpetual, absolute, fully paid up, worldwide, transferable, sub-licensable, non-exclusive licence to:

use, copy, make publicly available in any way, distribute, reformat, excerpt, translate, exploit, adapt, modify, amend, make derivative works of, incorporate into other works, remove, delete or edit the User Generated Content (in whole or in part) for any reason or purpose whatever and in whatever manner that we may decide; and attribute your User Generated Content and Postings to you,

and you waive any "moral rights" in your Postings and User Generated Content.

8.3 When User Generated Content and/or Postings are posted on or through dbTwang by you or through your Member account, you automatically grant us an irrevocable, perpetual, absolute, fully paid up, worldwide, transferable, sub-licensable, non-exclusive licence and right to all rights and remedies (including the right to sue for past, present or future infringements) arising out of or in connection with the unauthorised use of any such User Generated Content and/or Posting by you on or though dbTwang. You acknowledge and agree that this clause continues to have effect after User Generated Content and/or Postings are removed from dbTwang and after your membership is terminated or expires.

8.4 You may remove from dbTwang any User Generated Content posted on your profile at any time.

8.5 While you can amend, modify and update Content which you post or enter into the Guitar Database from time to time, you grant us an irrevocable licence in respect of such Content (except your name and street address which you can remove at any time) on the terms set out in clause 8.2. You acknowledge and agree that we may, in particular, sub-licence any such Content to any other Member or user who subsequently registers as an owner or possessor of the guitar concerned. You acknowledge and agree that this clause continues to have effect after Content is removed from the Guitar Database and/or dbTwang and after your membership is terminated or expires.

8.6 You may ask us to remove from dbTwang any Postings posted on or through dbTwang by you or through your Member account which are not posted on your profile. We may endeavour to (but have no duty to) remove such Postings from dbTwang on request by you to the extent that you specifically identify the relevant Posting and exactly where it is posted on dbTwang so that we can easily identify the relevant Posting to be removed and such Posting can easily be removed from dbTwang without interfering with any aspect or part of dbTwang or its services or features.

8.7 Subject to clause 8.5, the license granted under clause 8.2 (but not under clause 8.3) will automatically expire in respect of any User Generated Content and/or Postings removed from dbTwang in accordance with this clause 8. However, you agree that we may retain archived copies of such User Generated Content and/or Postings and that some of this User Generated Content and/or Postings may be cached.

9. Reliance on Content

9.1 We do not investigate, monitor or check for accuracy, appropriateness, or completeness Site Content posted on or through dbTwang by users or us. It may, for example, be inaccurate, misleading, untrue or out of date at any given time. All Site Content posted on or through dbTwang by us or any other user should accordingly not be regarded as advice or information on which any reliance should be placed. Any decision to do so is at your own risk.

9.2 We disclaim all liability and responsibility arising from any reliance placed on any Site Content by any user of dbTwang, or by anyone who may be informed of any of its contents, even if you informed us or we were aware of that possibility in advance.

10. Complaints regarding Content

10.1 We respect the good name, privacy, intellectual property and other rights of others and we prohibit users from posting on or through dbTwang any Content that infringes or harms another person’s good name, privacy or intellectual property or other rights.

10.2 If you feel that any Content posted on or through dbTwang is not compliant with our Terms of Use or Acceptable Usage Policy, or infringes or harms your good name, privacy, intellectual property rights or other rights, please let us know by submitting a complaint to us at admin@dbtwang.com.

10.3 When we receive proper notification of alleged breaches of our Terms of Use or Acceptable Usage Policy, we endeavour to promptly remove, delete, edit, revise or disable access to the allegedly infringing material and may terminate the accounts of repeat infringers where, and insofar as, we, at our absolute discretion, consider this appropriate and justifiable.

11. Content Changes Regularly

11.1 The Site Content on, and features and services of, dbTwang change regularly. We cannot and do not guarantee or in any way represent that Site Content will remain on or available through dbTwang, or that features of services or dbTwang will remain available through dbTwang, for any particular period.

12. Trade Members

12.1 Trade Members only may use dbTwang for commercial purposes which have been pre-approved in writing by dbTwang and provided such purposes do not, in our opinion, in any way compete with dbTwang or its services or features or our business or commercial interests.

12.2 You must not, including if you are a Trade Member, use any part of the Site Content on dbTwang for commercial purposes without obtaining a written and executed licence to do so from us or our licensors, as the case may be.

12.3 The restrictions and limitations set out in these Terms of Use apply to you if you are a Trade Member in the same way as other users and Members except to the extent that any licence granted by dbTwang pursuant to clause 12.2 provides otherwise.

13. Charges and Payment

13.1 Access to, and use of, dbTwang and its services and features is currently free. However, we reserve the right to introduce or vary charges for use of dbTwang at any time and from time to time. Periodic charges may be introduced for certain types of Members or for use of or access to particular aspects, features or services of dbTwang. If you do not wish to pay the charges, you may terminate or modify your membership of dbTwang.

13.2 You will pay us in euro (€) or US Dollars ($) and in full any charges which apply in relation to your membership form or access to or use of any relevant parts, aspects, services or features of dbTwang.

13.3 Payment in full of all charges must be paid in advance by you by credit card or debit card via dbTwang.

13.4 If you do not pay all charges by the due date, we are entitled to stop you using some or all of parts, aspects, services or features of dbTwang or to terminate your membership.

13.5 We reserve the right to change the billing period or the payment terms for any reason and/or for any particular Member including, without prejudice to the generality of the foregoing, if you do not pay in full on time or if you pay us using credit cards or debit cards that are not authorised for such purpose.

13.6 We will normally issue thirty (30) days prior notice on dbTwang and/or by e-mail prior to any variation in the charges or amendments. If you do not accept the varied charges you may terminate or modify your membership of dbTwang.

14. Our Liability

14.1 dbTwang and the services, features and Site Content accessible on or through dbTwang is provided “as is” and without any guarantees, conditions or warranties. To the fullest extent permitted by applicable law, we (and other members of our group of companies from time to time and third parties connected to us) hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law (including negligence) or the law of equity;
any liability for any indirect or consequential loss or damage incurred by any user in connection with dbTwang, it services and features or in connection with the use, inability to use, or results of the use of dbTwang, its services and features any websites linked to dbTwang and any Site Content posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage;
any liability for any:

(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of or damage to, or loss of use of, data, equipment or infrastructure;
(vi) loss of goodwill or reputation; and/or
(vii) wasted management or office time,

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage.

14.2 Our total aggregate liability to any user or Member for any direct losses proven to have been caused by us will in all cases be limited to the total amount of any fees or charges paid by that user or Member to us for use of dbTwang in the twelve (12) months prior to the event (or series of events) giving rise to the claim.

14.3 We are not responsible or liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material or code that may infect, harm or destroy your computer equipment, computer programs, infrastructure, data or other proprietary material due to your use of, or access to, dbTwang or to your downloading of any Content on it, or on any website linked to it.

14.4 We are not responsible or liable for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content, or Site Content which infringes our Acceptable Usage Policyor these Terms of Use, which you may encounter on or through dbTwang.

14.5 We are not responsible or liable for any Site Content posted by users (including any Members) on or through dbTwang which infringes the intellectual property, privacy, good name or other rights of third parties.

14.6 We are not responsible or liable for the conduct of any users or Members of dbTwang online or offline.

14.7 We do not warrant or represent that dbTwang or any Site Content or software related to them are error free or free from viruses, bugs or other harmful code and we do not guarantee any results from use of dbTwang.

14.8 We do not have any obligation or liability to you if any Content in or on your Member account or profile is damaged, lost or corrupted in any way or for any reason, or for the deletion of your Content if your membership is terminated, suspended or deactivated.

15. Privacy

15.1 We fully respect your right to privacy. Please see our Privacy Policy which is designed to help you understand how we collect and use the personal information, User Generated Content and Postings you decide to share, and help you make informed decisions when using dbTwang.

15.2 By accessing and/or using dbTwang, you agree to our Privacy Policy, whether as a Member or unregistered user.

15.3 Any User Generated Content posted on or though dbTwang by you or through your Member account is considered non-confidential and can be disclosed or made available to other users and third parties except to the extent that you designate otherwise through your privacy settings on your Member account.

15.4 Any Postings posted on or though dbTwang by you or through your Member account which are not posted on your profile are considered non-confidential and can be disclosed or made available to other users and third parties without restriction. It is not possible to limit the availability of Postings which are not posted on your profile.

15.5 You can remove your name and street address from the Guitar Database at any time in which case we will endeavour not to publish such information in the Guitar Database.

15.6 We have the right to disclose your identity to any third party who is claiming that any User Generated Content or Postings posted on or through dbTwang by you or through your Member account infringes or harms their good name, privacy or their intellectual property or other rights or to appropriate authorities for any alleged breach of the law.

16. Misuse of dbTwang

16.1 You must not misuse dbTwang by, in particular, knowingly or recklessly:

introducing viruses, trojans, worms, logic bombs or other material or code (including significant volumes of material aimed at interrupting our service) which is malicious or technologically harmful;
harvesting, scraping or unlawfully collecting or gathering information available on or through dbTwang;
attempting to gain unauthorised access to any part or section of dbTwang, the server on which it is stored or any server, computer or database connected to or with dbTwang; and/or
attacking dbTwang via a denial-of-service attack or a distributed denial-of service attack.

16.2 In the event of such a breach, your right to use dbTwang will cease immediately.

16.3 By breaching this provision, you may commit a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 and/or the Criminal Damage Act 1991 and/or infringe our intellectual property rights under, in particular, the Copyright and Related Rights Act 2000 (or under equivalent laws in other jurisdictions). dbTwang will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.

17. Links to dbTwang

17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.2 dbTwang must not be framed on any other site.

18. Links From dbTwang

18.1 Any links on dbTwang to other sites and resources provided by third parties are provided for your information only. dbTwang has no control over the contents of those sites or resources, does not investigate, monitor or endorse them and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you access from dbTwang.

19. User Disputes

19.1 You are solely responsible for your interactions with other users of dbTwang. We reserve the right, but have no obligation, to monitor disputes between you and other users.

20. Indemnity

20.1 You agree to indemnify and hold us (and our subsidiaries and associated companies from time to time) harmless from any loss, liability, claim, or demand, including reasonable legal fees, suffered or incurred by us (and our subsidiaries and associated companies from time to time) arising out of or in connection with your breach of these Terms of Use and/or any User Generated Content and/or Postings posted by you or through your Member account on or through dbTwang.

21. Entire Agreement

21.1 These Terms of Use (including our Privacy Policyand Acceptable Usage Policy) represent the entire understanding between you and dbTwang concerning the use of dbTwang and all prior promises, representations, agreements and understanding are hereby revoked. You confirm by using dbTwang in accordance with these Terms of Use that you have not relied on any representations or warranties that are not set out in these Terms of Use.

22. Assignment

22.1 You agree that we may transfer, assign, sub-licence or sub-contract in any manner whatever any of our rights and obligations, in whole or in part, to a subsidiary or affiliate company, successor or any purchaser of all or any part of dbTwang’s assets. We will endeavour to ensure that any assignment has no detrimental effect on any guarantees we have provided to you.

23. Jurisdiction and Applicable Law

23.1 Ireland is the place of performance in respect of dbTwang and its services and features.

23.2 The Irish courts have exclusive jurisdiction over any claim arising from, or related to, a visit to dbTwang or any matter or dispute arising out of, or in connection with, a visit to dbTwang (although dbTwang retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country).

23.3 These Terms of Use, our Privacy Policyand Acceptable Usage Policyand any dispute, claim or matter arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with Irish law.

24. Trade Marks

24.1 dbTwang and the dbtwang logo are Irish registered trade marks of dbTwang Ltd.

25. Variations

25.1 dbTwang may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes dbTwang makes, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on dbTwang.

26. General

26.1 The rules set out in this clause 26 apply under our Terms of Use, Acceptable Usage Policyand Privacy Policy :

26.2 Any reference to any provision of any legislation includes any modification, amendment, re-enactment, consolidation or extension of it together with any secondary legislation made under it for the time being in force.

26.3 The masculine gender includes the feminine and neuter and the singular number includes the plural and vice versa and words importing persons include firms or companies.

26.4 The section headings to the clauses in this Agreement are inserted for convenience of reference only and will not be considered as part of or affect the construction or interpretation of this Agreement.

26.5 If any provisions of these Terms of Use (including our Privacy Policy and/or Acceptable Usage Policy) are held by any court of competent jurisdiction or other competent authority to be unenforceable, illegal or void in whole or in part, then such part may be severed by the relevant court or competent authority from the remainder of the these Terms of Use which shall remain in full force and effect to the fullest extent permitted by applicable law.

26.6 The provisions of these Terms of Use (including our Privacy Policy and/or Acceptable Usage Policy) may only be waived by a party in writing. A waiver by either party of any breach by the other party of any of the provisions of these Terms of Use does not constitute a general waiver of such provision or of any subsequent act contrary to it. The failure or neglect by a party to enforce any provision of these Terms of Use is not (and will not be deemed to be) a waiver of that party’s rights under these Terms of Use and does not prejudice that party’s right to take subsequent action in respect of such provision.

26.7 We reserve the right, in our absolute discretion, to waive or modify any of these Terms of Use as they apply to a specific Posting or item of User Generated Content or as they apply to a specific Member or user, without affecting the application of these Terms of Use to all other Postings, User Generated Content, Members or users.

27. Definitions

27.1 In these Terms of Use, our Privacy Policy and Acceptable Usage Policy, the following terms have the following meanings:

“Content” includes all information, data, comments, materials, messages, notes, text, music, video, photos, advertisements, listings, postings in forums, chat areas, blogs and testimonials and other content (and including all related software, intellectual property rights, know how, and look and feel, structure and arrangement).
“dbTwang” has the meaning given to it in clause 1.1.
“Guitar Database” means the database on dbTwang which holds the information and data relating to guitars input by members including their history, ownership, vintage, features, ratings, reviews and commentary and use.
“Membership Information” has the meaning given to it in clause 4.5.
“Member” means, as the context admits or requires, a Paying Member, a Non-paying Member and/or Trade Member.
“Non-Paying Member” means a person, firm or organisation who we accept as a registered non-paying member of dbTwang but who does not pay any subscription to us and, as a result, is not entitled to access or use certain aspects, parts, features and/or services of dbTwang (and its services and features) which are only made available to Paying Members.
“Paying Member” means a person, firm or organisation who is accepted by us as a registered paying member of dbTwang and who pays a subscription to us in return for access or use of all or certain aspects, parts, features and/or services of dbTwang which are only made available to Paying Members.
“post” and similar expressions include the uploading, publishing or display of Content on or through dbTwang and the transmission and sharing of Content with other users of dbTwang.
“Postings” mean any postings of Content in forums, chat areas, blogs and testimonials and other areas of dbTwang other than on your or another Member’s profile.
“Site Content” has the meaning given to it in clause 6.1.
“Terms of Use” has the meaning given to it in clause 1.1.
“Trade Member” means a person, firm or organisation who is accepted by us as a registered trade member of dbTwang and who pays a subscription to us in return for the right to use Content for commercial purposes pre-approved in writing by dbTwang (provided such purposes do not, in our opinion, in any way compete with dbTwang or its services or features or our business or commercial interests).
“User Generated Content” means all Content that is displayed or posted on or through dbTwang (excluding any Postings which are not posted on your profile) by you or through your Member account, including your profile, Membership Information, user ID, videos, photos and information posted on your profile, any ratings or reviews of guitars, dealerships or repair shops posted on your profile (and including all related software, intellectual property rights, know how, and look and feel, structure and arrangement).
“we”, “us”, “our” and similar expressions have the meaning given to them in clause 2.1.
“you”, “your” and similar expressions has the meaning given to them in clause 1.7.

28. Your Concerns

28.1 If you have any concerns about material which appears on dbTwang, please contact us at admin@dbtwang.com.

dbTwang Acceptable Usage Policy, Last updated: August 2009

Please read this policy carefully. It contains important clauses which restrict the way in which you may use dbTwang and which you should read before using our website at www.dbtwang.com and its directly associated domains (“dbTwang”) or posting any User Generated Content and/or Postings on or through dbTwang.

As outlined below, access or use of this website signifies your acceptance of this Acceptable Usage Policy, whether or not you are a registered member.

1. Acceptable Usage Policy

This Acceptable Usage Policy sets out the terms between you and us under which you may access dbTwang. It applies in addition to our Terms of Use and Privacy Policy.

This Acceptable Usage Policy applies to all users of, and visitors to, dbTwang.

We are dbTwang Limited (and its successors and assigns). More information about us is set out in the About Us section of dbTwang and our Terms of Use.

References to “you” or similar terms include you and any other person, firm or organisation on whose behalf you are acting.

This Acceptable Usage Policy forms a part of our Terms of Use and, accordingly, should be read in conjunction with our Terms of Use. Certain terms are defined in the Terms of Use. We would draw your attention, in particular, to clauses 7 and 16 of the Terms of Use.

By accessing and/or using dbTwang, you agree to the Acceptable Usage Policy set out in this webpage, whether as a registered Member or unregistered user. Users who register as a Member and click the “I Accept” icon simply confirm their agreement in this regard as a part of the registration process.

2. Prohibited Uses

You may use dbTwang only for lawful purposes. You may not use our site:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any Content which does not comply with our Content standards in clause 3 below;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of dbTwang in contravention of the provisions of our Terms of Use.
not to access without authority, interfere with, damage or disrupt:

* any part of dbTwang;
* any equipment or network on which dbTwang is stored;
* any software used in the provision of dbTwang; and/or
* any equipment or network or software owned or used by any third party.

3. Content Standards

These Content standards apply to any and all User Generated Content and/or Postings posted on or through dbTwang by you or through your Member account, and to any interactive services associated with it (including the live chat function).

You must comply with the spirit of the following standards as well as the letter.

The standards apply to each part of any User Generated Content and/or Postings as well as to its whole.

User Generated Content and Postings must:

be accurate (where they state facts);
be genuinely and reasonably held (where they state opinions); and
comply with applicable law in Ireland and in any country from which they are posted.

User Generated Content and Postings must not:

contain any material which is or may be defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from dbTwang, if this is not the case; and/or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. Interactive Services

We may from time to time provide interactive services on our site, including, without limitation, chat rooms and/or bulletin boards (“Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We generally do not, and are under no obligation to, oversee, monitor or moderate any Interactive Service we provide on or through dbTwang, although we reserve the right to do so.

We expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content standards, whether the service is moderated or not.

5. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Usage Policy through your use of dbTwang. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Usage Policy constitutes a material breach of the Terms of Use upon which you are permitted to use dbTwang, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use dbTwang;
immediate, temporary or permanent removal of any Posting or material Posted by you on or through dbTwang;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude our liability for actions taken in response to breaches of this Acceptable Usage Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

6. Changes to Acceptable Usage Policy

We may revise this Acceptable Usage Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes dbTwang makes, as they are legally binding on you. Some of the provisions contained in this Acceptable Usage Policy may also be superseded by provisions or notices published elsewhere on dbTwang.

Privacy Policy. Last Updated: August 2009

Our Privacy Policy set out below is designed to help you understand how we collect and use the personal information and Content you decide to share, and help you make informed decisions when using our website at www.dbtwang.com and its directly associated domains (“dbTwang”).

As outlined below, access or use of this website signifies your acceptance of this Privacy Policy, whether or not you are a registered member.

1 Your Acceptance of Privacy Policy

1.1 We are dbTwang Limited (and its successors and assigns). More information about us is set out in the About Us section of dbTwang and our Terms of Use.

1.2 References to “you” or similar terms include you and any other person, firm or organisation on whose behalf you are acting.

1.3 By accessing and/or using dbTwang, you agree to the Privacy Policy set out in this webpage, whether as a registered Member or unregistered user. Users who register as a Member and click the “I Accept” icon simply confirm their agreement in this regard as a part of the registration process.

1.4 Please read this Privacy Policy carefully. If you do not agree, or are not comfortable, with any aspect of this Privacy Policy, you should immediately discontinue use of dbTwang or contact us at the contact details below.

1.5 We reserve the right to modify this Privacy Policy at any time without notice to you. The last date it was modified it set out at the start of this page.

1.6 Each time you access and/or use dbTwang you will be bound by the Privacy Policy in place at that time. For this reason, you should review the Privacy Policy each time you access and/or use dbTwang.

1.7 This Privacy Policy forms a part of our Terms of Useand, accordingly, should be read in conjunction with our Terms of Use.

2 dbTwang Website

2.1 This Privacy Policy relates to our privacy practices in connection with the collection and dissemination of information collected on or through dbTwang.

2.2 We are not responsible for, and cannot control, the content or privacy practices of other websites. Any external links to other websites are clearly identifiable as such. We recommend that you review the privacy policies of any third party websites.

3 General Privacy Policy

3.1 We fully respect your right to privacy. We do not require you to provide personal information or Content unless you want to avail of our features or services.

3.2 We generally do not collect any personal information on dbTwang, apart from information which you volunteer, for example, by including or Posting it in your profile or account, by using our chatrooms or by subscribing to our publications. However, certain technical information relating to your use of dbTwang may be collected in certain cases in the manner discussed in section 9.

3.3 You decide what Content you put in your profile and you control what users can access your profile through dbTwang through your privacy settings.

3.4 We endeavour to treat personal information which you post on dbTwang in accordance with the Data Protection Acts 1988 and 2003 and, in particular, in accordance with our security obligations under that legislation.

4. Posting of Content

4.1 You are responsible for all Content (including personal information) of whatever nature posted by you or through your Member account on or through dbTwang.

4.2 You should ensure that any personal information which you supply to us and which is posted by you or through your Member account on or through dbTwang is adequate, relevant and not excessive in relation to the purpose for which it is intended to be used and is accurate and up-to-date. We are not in a position to keep this information accurate and up-to-date unless you inform us of any deficiencies in this regard and do not investigate, monitor or check for its accuracy, appropriateness, completeness or relevance.

4.3 Content (including your personal information) is posted by you or through your Member account on or through dbTwang at your own risk. We generally do not investigate, monitor or check for accuracy, appropriateness, lawfulness or completeness Content submit or posted by you or through your Member account. Although we allow you to set privacy settings that limits third party access to your profile, please be aware that no security measures are perfect or impenetrable. Furthermore, we cannot control the actions of users with whom you may choose to share your pages and information on your profile, or grant access to your Member account, and we do not investigate, monitor or check for accuracy, appropriateness, lawfulness or completeness any Content or comments which they may post about you or in connection with Content you have posted.

4.4 We cannot and do not guarantee that Content (including personal information) posted by you or through your Member account on dbTwang will not be viewed by unauthorised users or third parties and are not responsible for circumvention of any privacy settings or security measures contained on dbTwang. You understand and acknowledge that, even after removal, copies of Content (including personal information) posted on dbTwang may remain viewable in cached and archived pages.

5. Profile and Privacy Settings – Third Party Access to your Profile / Content

5.1 When you register with us, you create your own profile and privacy settings for your profile which determine the users and network members who can see and access your profile and the Content posted on it. You should note in this regard that individuals may, despite our Terms of Use, register on dbTwang using pseudo names, aliases or actual names which do not accurately reflect the true identity, nationality, age or other characteristics of the individual concerned. You should accordingly be careful before providing any personal information to, or entering into any transaction in connection with, another user of dbTwang.

5.2 All Content posted on your profile (including your personal information) is made available to the users, and users who are members from time to time of the networks, designated by you in your privacy settings. You should note that where you do not restrict access to your profile, all users of dbTwang will be able to access the Content posted on your profile (including your personal information).

5.3 If you only want to enable specific users to be able to see and access your profile and its Content, you should not grant access to your profile to networks as the membership of a network can vary from time to time.

5.4 Any User Generated Content posted on or though dbTwang by you or through your Member account is considered non-confidential and can be disclosed or made available to other users and third parties except to the extent that you designate otherwise through your privacy settings on your Member account.

5.5 Any Postings posted on or though dbTwang by you or through your Member account which are not posted on your profile are considered non-confidential and can be disclosed or made available to other users and third parties without restriction. It is not possible to limit the availability of Postings which are not posted on your profile.

5.6 While you can amend, modify and update Content which you post or enter into the Guitar Database from time to time, you grant us an irrevocable licence in respect of such Content (except your name and street address which you can remove at any time) on the terms set out in clause 8.2 of the Terms of Use. You acknowledge and agree that we may, in particular, sub-licence any such Content to any other Member or user who subsequently registers as an owner or possessor of the guitar concerned.

5.7 Generally, only you (and third parties to whom you grant access to your Member account) and us can post and edit Content (including profile and personal information) on your profile. However, other users can supplement the Content in your profile by posting Content, where your do not restrict this under your privacy settings. If you do not want other users to be able to do this, you should restrict this under your privacy settings.

5.8 We have the right to disclose your identity to any third party who is claiming that any Content posted by you or through your Member account on or through dbTwang infringes or harms their good name, privacy or their intellectual property or other rights or to appropriate authorities for any alleged breach of the law.

5.9 We reserve the right to monitor, edit, delete, revise or remove any Content posted by you or through your Member account from time to time on dbTwang without prior notice or reason. This is reflected in our Terms of Use.

6. Editing your Profile

6.1 You can add, edit or remove most personal information you post on your profile on dbTwang through the account editing tools [insert link]. Revised or removed information may remain in backup copies for a reasonable period of time but will not be generally available to users of dbTwang.

6.2 You can deactivate your dbTwang profile on your account page.

7. Use and Disclosure of Content

7.1 We use the personal information and Content you post on, and other information obtained via, dbTwang for the purposes of making dbTwang and its service and features available to you and other users. We also use such personal information and Content for (i) any other purpose for which you provided it from time to time (and any reasonably incidental purposes); (ii) verification purposes (including, where you are paying us for something, verification of credit card and other charge card details); (iii) marketing and administration purposes; (iv) delivering relevant information to you in relation to the services provided on dbTwang and (iv) collecting debts where you owe us money. Personal information may also be anonymised and used for statistical purposes.

7.2 We generally do not disclose Content (including personal information) to third parties without your consent (unless obliged or permitted to disclose such information by a rule of law) except as set out below in this section 7 or except as permitted by your privacy settings.

7.3 You acknowledge and agree that in certain circumstances we may be obliged to disclose Content (including personal information) you submit to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend our, and third parties’, rights.

7.4 We reserve the right to transfer Content (including personal information you submit) to any actual or intended legal successors or purchasers of us in the event of an actual or proposed sale, merger, liquidation, receivership or transfer of all or substantially all of our assets, a subsidiary or line of business associated with us.

7.5 You, of course, may choose to share your information with marketers, electronic commerce providers or other third parties through on-site offers.

7.6 You have a right to object to the use of your personal data for direct marketing purposes without any charge. If you wish to do so, please contact us at the details set out in section 12.

8. Use of the Internet

8.1 You should be aware that communicating via the Internet and other electronic means is not always secure and is at your own risk. It also necessarily involves personal information passing through or being handled by third parties such as our internet service provider.

9. Use of Cookies (see Note 1):

9.1 dbTwang does not use cookies except to enable our system to remember whether or not a user has used its password to log in. This is so that the system can automatically log out users after a certain period of time or force the user to log in again if the user closes the web page and then starts it up again. This is to prevent third parties from gaining unauthorised access to a user’s account with us and is for users’ own protection.

9.2 Technical details in connection with visits to this website are logged by our internet service provider for statistical purposes. Technical details, which we cannot associate with any identifiable individual, do not constitute "personal data" for the purposes of the Data Protection Acts 1988 and 2003.

9.3 Save as mentioned above, no information is collected by the use of cookies that could be used by us to identify dbTwang users.

9.4 You may refuse cookies in your browser, although some of our features or services may not function properly as a result.

10. Outsourcing

10.1 We may engage third parties to undertake certain functions in connection with the operation, management or hosting of dbTwang and its services and features which may, in certain cases, also include the processing of your personal data. Any such outsourcing will be undertaken in line with a written agreement between us and the relevant third party and in accordance with the Data Protection Acts 1988 and 2003. In particular, the written agreement will require the third party to have adequate security measures in place and will require the third party to process any personal data only subject to, and in accordance with, our instructions.

11. Transfer outside Ireland

11.1 By using dbTwang, you are consenting to your personal data being transferred to, used and stored at, a destination outside Ireland and/or the European Economic Area which may not have as stringent data protection legislation as that in place in Ireland. However, we will continue to comply with our obligations under the Data Protection Acts 1988 and 2003 in respect of such data.

12. Your Rights regarding Data supplied via dbTwang

12.1 You have a right to determine whether or not we hold personal data relating to you. You also have a right to be given a description of the personal data and to be informed of the purpose(s) for which we process your personal data. Such request must be made in writing and will be free of charge.

12.2 You have a right to be given a copy of your personal data which you may have supplied via dbTwang and which is held by us, subject to certain exceptions under the Data Protections Acts 1988 and 2003. We may charge a fee for this which will not exceed €6.35.

12.3 You also have a right to have inaccurate personal data, relating to you, corrected. In certain circumstances, you may also request the deletion of your personal data held by us. To exercise this right you would generally be expected to identify some contravention of data protection law in the manner in which we processed the data concerned.

12.4 You have a right to object to the use of your personal data for direct marketing purposes without any charge.

12.5 To exercise any of these rights, please e-mail us at admin@dbtwang.com or write to us at the address on the Contact Us page.

12.6 You should include with any such request any personal identifiers which you supplied earlier via dbTwang (e.g. name; address; phone number; e-mail address; profile and account details guitar serial number) or otherwise. We will endeavour to respond to your request within not more than 40 days of receipt of request (and receipt of the fee, if applicable).

12.7 We reserve the right to request you to provide additional information in order to verify your identity. If such information is required, this may affect the timeline within which we deal with your request.

13. Changes to Privacy Policy

13.1 We may revise this Privacy Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes dbTwang makes, as they are legally binding on you. Some of the provisions contained in this Privacy Policy may also be superseded by provisions or notices published elsewhere on dbTwang.

14. Contacting Us

14.1 If you have any questions or complaints about this Privacy Policy, our practices relating to dbTwang or your dealing with dbTwang, please contact us using the various options on the Contact Us page.

Thank you for visiting dbTwang

Note 1: Small pieces of information, stored in simple text files, placed on your computer by a web site. Cookies can be read by the web site on your subsequent visits. The information stored in a cookie may relate to your browsing habits on the web page, or a unique identification number so that the web site can "remember" you on your return visit. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the web site.