Takamine France : Conditions d'utilisation

About these terms

1/ Welcome to www.takamineguitars.eu. We refer in these terms to www.takamineguitars.eu as the “Website”. Access to the Website is provided by Fender Musical Instruments Europe Limited on the following terms.

2/ By using the Website you agree to be bound by these terms, which take effect immediately on your first use of the Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Website.

3/ Fender may change these terms from time to time and you should check these terms regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms.

Use of the Website

4/ You agree to use the Website only for lawful purposes. You may not use the Website:

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 to any person or entity in any way
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below.
to transmit, or procure the sending of, any advertising or promotional material or any other form of similar solicitation
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.

5/ You also agree:

not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use
not to access without authority, interfere with, damage or disrupt:
any part of our site
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

Contributions to the Website and forums

6/ All forums and message boards (referred to together as the “Forums” in these terms) are part of the Website. In addition to the above terms, you agree to use and/or contribute to any forums and message boards on the Website in accordance with the following rules:

No disruptive, offensive, or abusive behaviour.
No spamming or off-topic material.
No advertising or promoting of products which are not produced by Fender. Discussion, as opposed to promotion or advertisement, of other products may be permitted at Fender’s discretion.

7/ The following content standards apply to any and all material which you contribute to the Website or the Forums including, but not limited to, photos, text, link, audio, video, designs, ads (“Contributions”), and to any interactive services associated with it.

8/ You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

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

Contributions must not:

contain any material which is defamatory of any person, for example, material which is harmful to that person or untrue
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 intellectual property rights of any person, including, but not limited to copyright, database right or trade mark.
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 us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9/ In making a contribution, you confirm that the contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Fender permission to use it for the purposes specified in paragraph 15 below, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.

10/ Under no circumstances do we have any obligation to check the accuracy or truthfulness of any contributions, nor to monitor any member’s use of the Website.

11/ If you breach the rules set out above or the terms of use of the Website, Fender reserves the right to delete any contribution, or take action against your user account, at any time, for any reason.

Intellectual property and use of your contributions

12/ All textual, graphical and other content appearing on the Website is the property of Fender Musical Instruments Europe Limited save that the trade mark TAKAMINE® is owned by Takamine Gakki Co Limited and is used by Fender Musical Instruments Europe Limited under licence.

13/ You may view, copy, print and use content contained on the Website (including recorded material) solely for your own personal use and provided that: (1) the content available from the Website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from the Website is modified or framed in any way; and (3) no graphics available from the Website are used, copied or distributed separate from accompanying text. The use of any such content for commercial purposes is expressly prohibited.

14/ Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, servicemark or other intellectual property of Fender or any third party, except as expressly provided in these Terms.

15/ If you send or post on the Website or any forum or message board any feedback or data, such as ideas, comments, suggestions or questions regarding any Fender product or service or the content of the Website, you agree to grant Fender the right to use, modify, or adapt the material in any way. Fender has no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Fender shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.

16/ Please do not submit material to Fender on the Website if you do not agree to the above terms.

Disclaimers and limitation of liability

17/ The Website may be accessed by users internationally and may contain references or cross references to Fender products, programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country.

18/ Fender reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party.

19/ The Website may contain links to or be accessed through links on world wide websites of Fender dealers or distributors, Fender dealers and distributors are independent contractors and are not agents of Fender. Fender is not responsible for the content, availability, operation or performance of websites of Fender dealers or distributors, or any other sites, to which the Website may be linked or from which the Website may be accessed.

20/ Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Fender.

21/ Any views expressed by third parties on the Website (including recorded interviews) are solely the views of such third party and Fender assumes no responsibility for the accuracy or veracity of any statement made by such third party.

22/ The majority of the content posted in the Forums is created by users of the Website. The views expressed are theirs and unless specifically stated are not the views of Fender. Fender is not responsible for any content posted by members of the public on any Forums or on the Website.

23/ Access to the Website may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of the Website constitutes consent to such monitoring. The Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

24/ Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Fender on the Website, but Fender is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on the Website, the Websites of any Fender dealer or distributor or any other Website. Information and related materials are subject to change without notice. Fender makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of the Website or the information or materials it contains.

25/ The Website and all information and related materials it contains are provided "AS IS." By using the Website, you assume the risk that the information and materials on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

26/ Fender does not warrant that the functions contained in the materials on the Website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Fender does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You acknowledge that it is your responsibility to implement sufficient checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data obtained from the Website, and you (and not Fender) assume the entire cost of all necessary servicing, repair, or correction.

27/ To the extent permitted by law, Fender excludes all representations and warranties, whether express or implied, including without limitation warranties of satisfactory quality, fitness for a particular purpose, and non-infringement with respect to the Website and the information graphics and materials contained herein.

28/ Nothing in these terms limits or excludes Fender’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Fender shall not be liable for damages of any kind, including without limitation any special, indirect, incidental or consequential losses, even if Fender has been advised of the possibility of such damages.

General

29/ The law of England and Wales shall govern use of the website. Users agree that any action, suit, or proceedings arising from or related to use of the website shall be brought exclusively in the courts of England and Wales without regard to choice of law or conflicts of law provisions.

30/ The failure by Fender to exercise or delay in exercising any right or remedy provided under these terms or by law does not constitute a waiver of such right or remedy, and does not prevent or restrict any future exercise or enforcement of such right or remedy.