Terms of service
Terms and Conditions of Use
These Terms and Conditions of Use are a legal agreement between Gibson, Inc., ("Gibson”, "us," "we," or "our”) and you (“user,” “you,” or “your”). Your access to and use of the website and/or the services provided by this site is governed by these Terms and Conditions of Use.
Please read these Terms and Conditions of Use carefully before using our website. They have been put in place to protect both you, our valued customer, and us, and to allow continued use of this website to keep you up-to-date about the latest products, services, promotions, competitions and news about Gibson and to provide a forum for your invaluable feedback.
By accessing or using this website, you agree to these Terms and Conditions of Use. Please print a copy of these Terms and Conditions of Use for your reference. If you do not agree to these Terms and Conditions of Use, do not access or use this website.
Use of the Material
We have created this website for your personal information, entertainment, education and communication. Please feel free to search and download a single copy of the material displayed on our website solely for your personal, non-commercial use. You may not copy, reproduce, distribute, republish, modify, transmit or re-post in any way all or any part of our website, including any photographs or other images contained on it. Any unauthorized use of the content and/or images contained on our website may violate copyright or trademark laws, the laws of privacy and publicity or regulations and statutes governing communications.
The contents of this website are copyright protected by the Gibson and/or its affiliates or partners and may not be used except as provided in these Terms and Conditions of Use, in the text elsewhere in our website or with our specific prior written consent. Gibson makes no warranties or representations that your use of materials displayed on our website will not infringe rights of third parties not owned by or affiliated with Gibson.
Reliance on Information The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIBSON NOR ANY PERSON ASSOCIATED WITH GIBSON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE GIBSON NOR ANYONE ASSOCIATED WITH GIBSON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GIBSON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GIBSON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
User Submissions
Any information or material you transmit to or through our website, including any data, questions, comments, suggestions or any other communications is and will be treated as non-confidential and non-proprietary, unless it contains personally identifiable information covered by our Privacy Policy. Please do not send us any confidential or proprietary information through or to our website, as we reserve the right to use any ideas, concepts, know-how, techniques or other information, other than personally identifiable data, contained in any communication you send to us via our website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products based on such information.
Although Gibson may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and similar communications on our website, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such locations or communications, including any errors, defamation, libel, slander, omissions, falsehoods, obscenities, pornography, profanities, danger or inaccuracies contained in any information within such locations or communications. If you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Gibson will fully co-operate with any law enforcement authorities or court order requiring or directing Gibson to disclose the identity of anyone posting any such information or materials on the website. Without limiting any of the foregoing, you are prohibited from engaging in any interstate communications in violation of 18 USC Section 875, or any other federal, state or local law applicable to communications or the use of electronic devices.
Posting any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law is prohibited. Doing so may lead to you being banned from participating. Note that all IP address are logged and may aid in enforcing these conditions.
Gibson has the right to remove, edit, move or close any discussion at any time should they see fit. If a post contains spam (unsolicited advertising) it will be removed and the poster may be banned.
Please remember that we are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Gibson. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at webmaster@gibson.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.
Hyperlinked Sites
Any link used on the Gibson website or any other Gibson web page, including but not limited to hyperlinks, buttons or referral devices, is provided strictly for the use and convenience of our visitors. The appearance of a link on our website or any of our web pages does not constitute an endorsement, recommendation or certification by Gibson, nor should the presence of a link in any way be construed as a suggestion that the company or its site has any relationship with us.
While we are flattered by and appreciate the desire by third parties to be associated with Gibson via a hyperlink to our website, we require that certain conditions are met and maintained:
- Unless we enter into a specific written agreement with you, you may not use any names, logos, designs, slogans, product trademarks or service marks of the Gibson family of brands in or with your links, except that you may link to our website using the plain text name of our website or the plain text name of Gibson;
- You may not present the link to our website in any way that suggests Gibson has any relationship or affiliation with your site or that Gibson endorses a sponsor or recommends the information, products or services on your site. You may not use the names, logos, slogans, product trademarks or service marks of any of the Gibson family of brands in any advertising, publicity, promotion or in any other commercial manner without prior express written permission for a particular use from Gibson;
-
You may link only to the home page/first page/registration page of the site. Please do not incorporate any content from our website into your site (e.g., by in-lining or framing); and
- You may not use any names, logos, designs, slogans, product trademarks or service marks of any of the Gibson family of brands, or any other words or codes identifying any Gibson website or web page in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without our prior express written permission for a particular use.
If you have any comments, questions or requests, please contact us at legal.dept@gibson.com.
Copyright and Trademark Notices
The contents of this website are copyright protected by the Gibson Inc. and/or its affiliates or partners. In compliance with the Digital Millennium Copyright Act of 1998, as amended from time to time, any claims of copyright infringement should be sent to:
209 10th Avenue South
Suite 460
Nashville, TN 37203
USA
Any notification under the Act must be in writing and must include:
-
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of the works;
-
Identification of the material that is claimed to be infringing or the subject of infringing activity that is reasonably sufficient to permit the service provider to locate the material;
- Whether the complaining party is seeking removal of or blocked access to the identified material;
-
Contact information of the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the allegedly infringing manner is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing contained on our website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on our website without the written permission of Gibson or any third party that may own the Trademarks displayed on our website. Any misuse of the Trademarks displayed on our website, or any other content on our website, is strictly prohibited, except as provided in these Terms and Conditions of Use. We are proud of the Gibson name, and the names of all our other brands, and the history of quality, service and excellence they represent. Accordingly, we take any misuse or infringement of these Trademarks very seriously and will aggressively enforce our intellectual property rights to the fullest extent of the law, including, without limitation, criminal prosecution of any offenders.
Gibson App
All qualifying purchases made on Gibson.com are eligible for a 90 Days complimentary subscription to the Gibson App. Purchases consisting solely of gift cards are excluded from this offer. A unique redemption code and instructions will be sent via email within 24 hours of order confirmation. Each qualifying purchase will receive a code. Codes must be redeemed within 90 days of issuance and are subject to a limit of one redemption per user in a 12-month period. Codes have no cash value, are non-transferable, and will expire if not redeemed. Offer subject to change or withdrawal at any time.
General
Gibson may revise these Terms and Conditions of Use from time to time, without prior notice, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions of Use to which you are bound.
The Terms and Conditions of Use are governed by and should be construed in accordance with the laws of the State of Tennessee, USA, without regard to any conflicts of laws provisions. You agree that any disputes in connection with your use of the Gibson website or any Gibson web page, or this Terms and Conditions of Use, and any enforcement thereof, shall be resolved in a federal or state court located in Davidson County, Tennessee.
In the event that any provision of the Terms and Conditions of Use is deemed to be invalid or unenforceable by a court of competent jurisdiction, the section or sections determined to be invalid shall be considered stricken from the Terms and Conditions of Use and the remainder of these Terms and Conditions shall remain in full force and effect.
You agree that these Terms and Conditions of Use and any other documentation, agreements, notices or communications between you and Gibson may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference. If you have any questions or concerns regarding these Terms and Conditions of Use, please contact us at:
Gibson Brands, Inc.
209 10th Avenue South
Suite 460
Nashville, TN 37203
USA