The following terms and conditions govern all use of the jimmybruno.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Bruno Publications LLC d/b/a Jimmy Bruno's Guitar Workshop ("JBGW"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by JBGW (collectively, the "Agreement").
- Subscriptions to the Website are sold by quarter or annually, i.e., 3 calendar months or 12 calendar months.
- Your renewal date is computed by adding, for each quarter purchased, 3 calendar months, or for each annual purchase, 12 calendar months, to the date of your payment. If the renewal date would occur after the last day of a month, the renewal date will be the last day of that month. If, for example, you sign up on March 31st, your renewal date will be the last day of the third month (e.g., June 30).
- Your current renewal date will be displayed in your account information.
- You will always have 30 days' notice of a price increase. If a price increase is announced less than 30 days before your renewal date, your next renewal will be for the same price at which you previously renewed. Any additional quarters purchased (i.e., beyond the next one) will be at the price in effect on the date of purchase.
- Unless you manually cancel your subscription through the My Account section on the Website before your renewal date, your subscription will automatically be renewed for 1 quarter on your renewal date at the current subscription price (subject to Paragraph 4). You may extend your subscription manually at any time before your renewal date by purchasing additional quarters of subscription time. (For example, you may wish to take advantage of a promotional discount.) Any additional quarters you purchase will be added from your renewal date.
- For example, suppose that you subscribe for 1 quarter for $60 on January 31. Your renewal date is April 30. If a price increase is announced any time after March 31, you will automatically renew on April 30 for 1 quarter at the $60 price.
- At the time you first subscribe to the Website, you must provide a current, valid credit card. You may change this payment method at any time through the My Account section on the Website.
- The payment method that you provide will be used for automatic renewals as described in Paragraph 1.5.
- If a payment is declined, you will be notified that your account will be suspended, beginning the day after your renewal date, until you provide JBGW with a valid credit card.
- You may cancel your subscription at any time through the My Account section of the Website.
- Canceling will mean that the day after your renewal date, you will no longer have access to JBGW or your account.
- There will be no refunds given for any portion of a current quarterly subscription. If more than one quarter is remaining in your subscription, the additional full quarters remaining beyond the present one will be refunded if membership is canceled. For example, if you have paid for 3 quarters and cancel your subscription one month into the second quarter, you will be refunded the value of the one remaining quarter in your subscription.
- Like most website operators, JBGW collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. JBGW's purpose in collecting non-personally identifying information is to better understand how JBGW's visitors use its website. From time to time, JBGW may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
- JBGW also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on the forums of the Website. JBGW only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
JBGW collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with JBGW. JBGW does not disclose personally-identifying information other than as described below.Aggregated Statistics
JBGW may collect statistics about the behavior of visitors to the Website. JBGW may display this information publicly or provide it to others. However, JBGW does not disclose personally-identifying information other than as described below.Protection of Certain Personally-Identifying Information
JBGW discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on JBGW's behalf or to provide services available at JBGW's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. JBGW will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, JBGW discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when JBGW believes in good faith that disclosure is reasonably necessary to protect the property or rights of JBGW, third parties or the public at large. If you are a registered user of the Website and have supplied your email address, JBGW may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with JBGW. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. JBGW takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.Cookies
- Subscriptions May Not Be Shared
Subscriptions to the Website are purchased per individual. You agree not to share your login with anyone else or allow anyone other than you to view the Website using your login.
- Intellectual Property
- Any video produced by JBGW or the Website may not be downloaded, archived, or otherwise copied, except as necessary to view the video in a standard web browser. This includes, but is not limited to, any video featuring Jimmy Bruno, staff, or invited guest instructors. Bruno Publications LLC and the Website reserve all other rights in all other videos posted or otherwise made available through the Website. These restrictions do not apply to student-created videos.
- Please note that the lessons and instructional videos are the property of Bruno Publications LLC, and this policy will be rigorously enforced.
- Videos created by you remain your property. By submitting a video to the Website for review, you grant the Website a world-wide, royalty-free, revocable, non-exclusive license to make the video available to other subscribers to the Website. If you wish to have a video removed from the Website, you may do so through the My Account section of the Website.
- Student videos will be posted to a third-party website such as Youtube®. You agree that you are solely responsible for the content in any student video that you create. You should consult the policies of the third-party website to ensure that you comply when you submit any video.
- If the Website wishes to use your video, in whole or in part, for promotional, advertising, marketing, or any other purpose besides display on the Website to subscribers, we will contact you and request your permission. JBGW will not use your videos without your permission for promotional, advertising, marketing, or any other purpose besides display on the Website to subscribers.
The Website will post written materials for instructional purposes. These materials are licensed for non-commercial use only. You may save copies of the materials for your personal use, provided that you do not modify them or remove the author's name or other identifying information from them. You are also free to create your own versions and derivative works based on the written materials, for your personal use.
The Website may provide backing tracks for you to use for practice. You may use, modify, and copy these for any non-commercial purpose.
As JBGW asks others to respect its intellectual property rights, it respects the intellectual property rights of others. JBGW will respond to all takedown notices under the Digital Millennium Copyright Act ("DMCA"), including as required or appropriate by removing the infringing material or disabling all links to the infringing material. JBGW will terminate a student's access to and use of the Website if, under appropriate circumstances, the student is determined to be a repeat infringer of the copyrights or other intellectual property rights of JBGW or others. In the case of such termination, JBGW will have no obligation to provide a refund of any amounts previously paid to JBGW.
- Student Conduct
- The Website may provide discussion forums, chat rooms, and student pages to allow for communication and exchanges among students. While these are generally intended to be open, you agree to abide by the following rules of conduct when posting in any area of the Website.
- If you comment in a discussion forum, comment in a chat room, post material to the Website (for example, to a student page), post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a video file, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- the Content does not contain comments or discussion regarding the dissolution of the former Jimmy Bruno Guitar Institute, including but not limited to personally disparaging comments about the parties involved or speculation about the details of the dissolution.
- By submitting Content to JBGW for inclusion on the Website, you grant JBGW a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing the Content to other students through the Website. If you delete Content, JBGW will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, JBGW has the right (though not the obligation) to, in JBGW's sole discretion (i) refuse or remove any content that, in JBGW's reasonable opinion, violates any JBGW policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in JBGW's sole discretion. JBGW will have no obligation to provide a refund of any amounts previously paid.
- Submitting Videos
- As a benefit of subscribing to JBGW, every student has the option of submitting videos of him- or herself playing an assignment for Jimmy Bruno's review.
- Jimmy Bruno will provide a text response to every properly submitted assignment. JBGW will make its best effort to provide responses as promptly as possible. JBGW, however, cannot promise when the student will receive the response, as the volume of video submissions is highly variable.
- If you do not follow the instructions for your assignment, you may receive a response directing you to resubmit the assignment.
- You agree not to submit more than one assignment at a time, unless specifically authorized by JBGW in advance. If you submit an excessive number of assignments in a short period of time, JBGW may, in its discretion, suspend your video submission privileges for a time, such time to be determined by JBGW.
- Disclaimer of Warranties
The Website is provided "as is". JBGW and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither JBGW nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Refund Policy
There will be no refunds given for any portion of a current quarterly subscription. If more than one quarter is remaining in your subscription, the additional full quarters remaining beyond the present one will be refunded if membership is canceled. For example, if you have paid for 3 quarters and cancel your subscription one month into the second quarter, you will be refunded the value of the one remaining quarter in your subscription.
You agree to indemnify and hold harmless JBGW, its contractors, its licensors, Jimmy Bruno, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of JBGW and the Website, including but not limited to your violation of this Agreement.
- Limitation of Liability
In no event will JBGW, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JBGW under this agreement during the twelve (12) month period prior to the cause of action. JBGW shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
JBGW may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your JBGW account, you must notify JBGW of your desire to cancel your account. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
Your use of the Website and any dispute arising out of such use of the Website is governed by the laws of Pennsylvania, United States of America.
- Forum Selection
By using the Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this service is the United States District Court for the Eastern District of Pennsylvania, or if such court lacks subject matter jurisdiction, the state courts of Pennsylvania encompassed within the geographic scope of the Eastern District of Pennsylvania. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
This Agreement constitutes the entire agreement between JBGW and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JBGW, or by the posting by JBGW of a revised version on the Website. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.