Ormsby Guitars Terms and Conditions

Last Updated: February 2025

By accessing and using any of our websites, including (without limitation) www.ormsbyguitars.com (the “Websites”), you agree to be bound by these Terms and Conditions (“Terms”), together with our Privacy Policy. If you do not agree with any part of these Terms, please do not use the Websites.

PLEASE NOTE: The sections titled “Binding Arbitration” and “Class Action Waiver” contain provisions that affect your legal rights. Please review these sections carefully.

Capitalized terms not defined herein shall have the meanings set forth in our Privacy Policy.

1. Terms of Use

Ormsby Guitars (“Ormsby Guitars,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our Websites under these Terms.

  • Visitors: Individuals who browse the Websites without registering. Visitors can view publicly available content and contact us via email.
  • Registered Users: Individuals who create an account with us. Registered Users gain access to additional features, including the ability to purchase products or services, access exclusive content, manage personal accounts, post comments (“Registered User Content”), sign up for notifications, and participate in our community.

We reserve the right to accept or reject any registration at our sole discretion and may deactivate any account at any time, including if a Registered User is found to be in violation of these Terms.

2. Community Guidelines

Our online community functions best when everyone follows a few simple rules. By accessing or using the Websites, you agree to the following guidelines:

  • Compliance with Law: You will comply with all applicable laws and will not use the Websites for any unlawful purpose.
  • Content Restrictions: You will not upload, post, or transmit content that infringes on any copyright, trademark, or proprietary right, is defamatory, obscene, pornographic, sexually explicit, invasive of privacy, promotes violence, or contains hate speech.
  • Privacy Respect: Do not disclose sensitive personal information about others.
  • No Harassment: You will not stalk, threaten, or harass any person, including staff, partners, dealers, or representatives.
  • No Spam or Unsolicited Commercial Content: Do not use the Websites for spam, unsolicited commercial pitches, or any other solicitation.
  • Market Research: You will not collect data from the Websites for competitive market research purposes.
  • Authenticity: Do not impersonate any person or entity or misrepresent your affiliation.
  • No Interference: Do not interfere with the operation of the Websites (e.g., via viruses, hacking, or other disruptive methods).
  • Advertisement Integrity: Do not obscure or block advertisements and safety features on the Websites.
  • Automated Access: Do not use robots, spiders, scrapers, or other automated methods to access the Websites without our express written permission (except as permitted by public search engines).
  • Reasonable Use: Do not impose an unreasonable or disproportionate load on our technical infrastructure.
  • Reporting: Inform us of any inappropriate content or behavior.

We reserve the right, in our sole discretion, to deny you access to the Websites or remove any content that violates these guidelines.

3. Restrictions on Use

  • Age Requirement: The Websites are available only to individuals aged 13 years or older. If you are between 13 and the legal age of majority in your jurisdiction, please review these Terms with your parent or guardian.
  • Account Security: During registration, you will create a sign-in name (“Sign-In Name”), password (“Password”), and possibly other unique identifiers. You must provide accurate and complete information and maintain the confidentiality of your account credentials. Any sharing of your credentials constitutes a breach of these Terms. Notify us immediately if you suspect any unauthorized use.

4. Fees and Payment

  • Payment Terms: In consideration for any purchases made through the Websites, you agree to pay all applicable fees and taxes.
  • Billing Information: You must provide and maintain current, accurate billing and credit card information. Notify us promptly if your payment details change or if you suspect a breach of account security.
  • Authorization: You authorize Ormsby Guitars (or our designated payment processor) to charge your account for the full payment amount, including any applicable taxes and fees.
  • Additional Charges: You may be subject to foreign transaction fees or similar charges imposed by your financial institution.

5. Intellectual Property

All content available on the Websites—including text, images, graphics, logos, videos, software, and educational materials (“Content”)—is owned by Ormsby Guitars or its licensors and is protected by copyright, trademark, and other intellectual property laws.

  • Personal, Non-Commercial Use: Visitors may view Content for personal, non-commercial purposes only.
  • Restrictions: You may not reproduce, modify, distribute, display, or otherwise use the Content for any public or commercial purpose without prior written consent.
  • Proprietary Tools: Content created using our proprietary tools (e.g., the Online Guitar Designer) may be used by Ormsby Guitars in future production models or promotional materials. By using such tools, you agree to relinquish any claims to intellectual property rights arising from your designs, unless otherwise agreed in writing.

6. Registered User Content and Licenses

  • User Responsibility: As a Registered User, you are solely responsible for any content you upload, post, or transmit (“Registered User Content”). Once submitted, such content is publicly accessible.
  • License Grant: By submitting Registered User Content, you grant Ormsby Guitars and its sublicensees a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, distribute, and display your content in connection with the Websites and related promotional activities.
  • Warranties: You represent that your Registered User Content is your original creation (or that you have the necessary rights to submit it) and does not infringe on any third-party rights or violate these Terms or our Community Guidelines.
  • Indemnification: You agree to indemnify Ormsby Guitars against any claims arising from your Registered User Content.

7. Communications

By contacting us or submitting feedback via the Websites, you agree that we may use the ideas, concepts, and suggestions contained in your communications for any purpose without obligation or compensation to you. Please do not include confidential information in your communications.

8. No Warranties; Limitation of Liability

  • “As Is” Basis: The Websites and all Content are provided “as is” and “as available” without any warranties of any kind.
  • Disclaimer of Warranties: We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Liability: To the maximum extent permitted by law, Ormsby Guitars shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use or inability to use the Websites or the Content, even if advised of the possibility of such damages.
  • Additional Costs: If your use of the Websites results in the need for servicing or replacing equipment or data, you agree that such costs are your sole responsibility unless otherwise required by law.

9. External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely for your convenience and do not imply endorsement by Ormsby Guitars. We are not responsible for the content, privacy policies, or practices of any External Sites. You access these sites at your own risk.

10. Representations, Warranties, and Indemnification

  • Your Representations: If you are a Registered User, you represent that you have all necessary rights, licenses, and permissions to submit your Registered User Content and that such content does not violate any third-party rights.
  • Indemnification: You agree to defend, indemnify, and hold harmless Ormsby Guitars, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

11. Compliance with Applicable Laws

The Websites are based in the United States. If you access or use the Websites from outside the United States, you are responsible for compliance with the laws of your jurisdiction. We have made efforts to include GDPR-compliant provisions in our Privacy Policy; please review that document for further details.

12. Termination

We reserve the right to restrict, suspend, or terminate your access to the Websites, in whole or in part, at any time and for any reason without prior notice. Termination of your account does not relieve you of any obligations under these Terms.

13. Digital Millennium Copyright Act (DMCA)

Ormsby Guitars respects intellectual property rights and complies with the DMCA. If you believe that your copyrighted work has been infringed on the Websites, please provide our designated DMCA agent with a written notice that includes:

  • A description of the copyrighted work and the location of the infringing material;
  • Your contact information (address, telephone number, email address);
  • A statement of your good-faith belief that the disputed use is not authorized;
  • A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner;
  • Your signature (electronic or physical).

14. Controlling Law

This Agreement, and any disputes arising out of or relating to it, shall be governed by the laws of the State of Queensland and the Commonwealth of Australia, without regard to any conflict of law principles.

15. Class Action Waiver and Binding Arbitration

  • Individual Claims: Any dispute between you and Ormsby Guitars shall be resolved solely on an individual basis.
  • No Class Actions: You agree that you may not bring or participate in any class, consolidated, or representative proceeding against Ormsby Guitars.
  • Arbitration: To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in accordance with the applicable rules.

16. Miscellaneous

  • Statute of Limitations: Any cause of action arising out of or related to the Websites, Content, or these Terms must be commenced within one (1) year from the date the claim arises, or it will be permanently barred.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision.
  • Entire Agreement: These Terms constitute the entire agreement between you and Ormsby Guitars with respect to your use of the Websites and supersede any prior agreements, oral or written.
  • Headings: Section headings are provided for convenience only and shall not affect the interpretation of these Terms.

17. Contact Us

If you have any questions regarding these Terms and Conditions or any related policies, please contact us at:
Email: guitars@ormsbyguitars.com