Terms of Use

Last Modified: March 6, 2025

Acceptance of the Terms of Use.

These terms of use are entered into by and between you and Guitargate Management, Inc., a Maryland corporation (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of guitargate.com and Teleport mobile application, including any content, functionality, and services offered on or through guitargate.com (the “Website”) and the Teleport mobile application, including any content, functionality, and services offered on or through the Teleport mobile application (the “Mobile Application,” and together with the Website, the “Teleport Service”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Teleport Service. By using the Website, using the Mobile application, downloading the Mobile Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.guitargate.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Teleport Service.

You represent and warrant that you are either 18 years of age or more, or the applicable age of majority or contractual capacity in your jurisdiction, or if you are under 18 years of age or the age of majority or contractual capacity in your jurisdiction, you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Teleport Service. IF YOU ARE NOT 18 YEARS OLD OR OLDER, OR THE APPLICABLE AGE OF MAJORITY OR CONTRACTUAL CAPACITY IN YOUR JURISDICTION, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THESE TERMS OF USE AND AGREE TO THEM FOR YOU BEFORE YOU USE THE TELEPORT SERVICE OR PROVIDE ANY INFORMATION TO US. IF YOU ARE BELOW 13 YEARS OF AGE, YOU MAY NOT USE THE TELEPORT SERVICE.

1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Teleport Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

2. Accessing the Teleport Service and Account Security.

We reserve the right to withdraw or amend the Website, the Mobile Application, and any service or material we provide on them, in our sole discretion without notice, even if you have purchased a hardware device from us or from a third party that is intended to interoperate with the Teleport Service. We will not be liable if for any reason all or any part of the Teleport Service is unavailable or not fully functional at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Teleport Service.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Teleport Service.
• Ensuring that all persons who access the Teleport Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Teleport Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Teleport Service that all the information you provide on the Teleport Service is correct, current, and complete. You agree that all information you provide to register with the Teleport Service or otherwise, including, but not limited to, through the use of any interactive features on the Teleport Service, is governed by our Privacy Policy https://www.guitargate.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Teleport Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, if, in our opinion, you have violated any provision of these Terms of Use.

3. Intellectual Property Rights.

The Teleport Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Teleport Materials”), but excluding User Musical Content, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Teleport Service as contemplated herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Teleport Materials, except as expressly permitted herein.

You must not:

• Modify copies of the Teleport Materials.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Teleport Materials.

You must not access or use for any commercial purposes any part of the Teleport Service or any services or Teleport Materials.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Teleport Service in breach of the Terms of Use, your right to use the Teleport Service will stop immediately and you must, at our option, return or destroy any copies of the Teleport Materials you have made. No right, title, or interest in or to the Teleport Service or any Teleport Materials on the Teleport Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Teleport Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Trademarks.

The Company name, the terms TELEPORT and GUITARGATE, the Teleport logo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Teleport Service are the trademarks of their respective owners.

5. User Contributions.

User Musical Content.

The Teleport Service may permit you, other users of the Teleport Service (“Users”), and third-parties to upload and share certain musical content, such as musical phrases, acapellas, audio recordings, midi files, songs, tracks, and loops (collectively, “User Musical Content”).

Your User Musical Content.

You grant to other Users, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to access, use, reproduce, distribute, publicly display, publicly perform, adapt, synchronize, prepare derivative works of, remix, compile, make available and otherwise communicate to the public, your User Musical Content (the, “User Music License”), provided however, that the User Music License does not permit other Users to directly or indirectly register your User Musical Content, or any derivatives, adaptations, remixes, compilations, or synchronizations thereof, with any performing rights organization (PRO), Collective Management Organization (CMO), music publisher, union or guild. If you share your User Musical Content with other Users via the private sharing features of the Teleport Service (e.g. sharing your User Musical Content with only your band mates), the User Music License shall only extend to such other Users. If you share your User Musical Content via the public sharing features of the Teleport Service, the User Music License shall extend to all Users that access or download your User Musical Content according to these Terms of Use. If you wish to limit or restrict the User Music License with respect to a User with whom you share your User Musical Content, you may agree to such restrictions directly with such User, and in the event of conflict between the User Music License herein and your agreement with such User, your agreement with such User will prevail.

If you remove your User Musical Content from the Teleport Service, the User Music License will terminate, except that the User Music License will continue perpetually with respect to any Users that have downloaded, copied, or otherwise obtained such User Musical Content, according to these Terms of Use, prior to its removal from the Teleport Service.

If any agreement you have entered into with any third party, including, but not limited to a PRO, CMO, music publisher, union or guild, whether by law or contract, prohibits you from granting us or other Users the rights and licenses set forth in the Terms of Use with respect to your User Musical Content or from making the representations and warranties with respect to your User Contributions herein, then you are prohibited from uploading, posting, or sharing your User Musical Content to the Teleport Service. You also agree to indemnify us and hold us harmless from and against any and all claims arising from the exploitation of your User Musical Content on the Teleport Service as permitted hereunder, including all applicable legal costs and fees.

We do not claim ownership of your User Musical Content. You hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute User Musical Content in order to provide, maintain, operate, improve, and market the Teleport Service. We have no obligation to monitor or review User Musical Content, but we reserve the right to do so, and we may suspend or terminate your access to the Teleport Service, and pursue all legal remedies, should your User Musical Content violate these Terms of Use, or any law, rule, regulation, or third party right. You grant to us the right to monetize your User Musical Content on the Teleport Service (and such monetization may include displaying ads on your User Musical Content or charging other Users a fee for access to your User Musical Content). These Terms of Use does not entitle you to any payments for your User Musical Content.

User Contributions – Generally.

The Teleport Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials other than User Musical Content (collectively, “User Social Content”). User Social Content and User Musical Content are referred to, collectively, as “User Contributions”. All of your User Contributions must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, to other Users, and to each of our and their respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Company is not responsible for collecting royalties for, providing attribution for, or otherwise assisting you or any other User or third party with enforcing any rights you or they may have with respect to your User Musical Content. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Teleport Service.

Other’s User Musical Content.

It is the intent of these Terms of Use that you receive the User Music License with respect to the User Musical Content of others that is shared with you through the Teleport Service (whether publicly or privately). Notwithstanding the foregoing, the Company does not represent, warranty, or guarantee that you will in fact receive the User Music License, in full, or in part, or that the User Music License will permit you to use, modify, copy, create derivative works of, or take any other action with others’ User Musical Content. You are solely responsible for ensuring that your use of the others’ User Musical Content does not violate any rights or licenses of the applicable User or any other third party. If you wish to register the User Musical Content of others, or any derivatives, adaptations, remixes, compilations, or synchronizations thereof, you must first obtain such other User’s written consent.

6. Prohibited Uses.

You may use the Teleport Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Teleport Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Teleport Service, or which, as determined by us, may harm the Company or users of the Teleport Service, or expose them to liability.

Additionally, you agree not to:

• Use the Teleport Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Web Teleport Service site, including their ability to engage in real time activities through the Teleport Service.
• Use any robot, spider, or other automatic device, process, or means to access the Teleport Service for any purpose, including monitoring or copying any of the material on the Teleport Service.
• Use any manual process to monitor or copy any of the material on the Teleport Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Teleport Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Teleport Service, the server on which the Teleport Service is stored, or any server, computer, or database connected to the Teleport Service.
• Attack the Teleport Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Teleport Service.

7. Monitoring and Enforcement; Termination.

We have the right, but not the obligation to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Teleport Service or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Teleport Service.
• Terminate or suspend your access to all or part of the Teleport Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Teleport Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Teleport Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content, including others’ User Musical Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards.

These content standards apply to any and all User Contributions, including without limitation User Musical Content and User Social Content. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• With respect to your User Musical Content, your User Musical Content must be your own original work.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.guitargate.com/privacy-policy.
• With respect to your User Musical Content, your posting, sharing, and providing the User Music License must not violate any agreement you have entered into with a PRO, CMO, music publisher, union, guild, or other third party.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Copyright Infringement, Objectionable Content, And Abusive User Reporting.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Teleport Service infringe your copyright, you may request removal of those materials (or access to them) from the Teleport Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Teleport Service, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Michael Palmisano

Guitargate Management, Inc

6 East Eager Street, Baltimore, MD 21202

support@guitargate.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Teleport Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures.

If you believe that material you posted on the Teleport Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Teleport Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Teleport Service with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Teleport Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reporting & blocking abusive users and objectionable content.

We take claims of objectionable content, and abusive users very seriously. We will act on objectionable content reports within 24 hours and reserve the right to remove the content and eject the user who provided the offending content. If you would like to report objectionable content, abusive users, or request us to block an abusive user or filter any objectionable content, please email us at support@guitargate.com and include:

• Adequate information by which we can contact you.
• Link to objectionable content or abusive user.
• Description of objectionable content / abusive user behavior.
• Request (if applicable) to block user and filter their content, effectively removing their presence from your Website and Mobile Application experience.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are shown to be abusive to other users.

10. Reliance on Information.

The information presented on or through the Teleport Service 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 Teleport Service, or by anyone who may be informed of any of its contents.

11. Changes to the Teleport Service.

We may update or modify the Teleport Service and its functionality on contents, from time to time, in our sole discretion, and without notice to Users.

12. Information About You and Your Visits to the Teleport Service.

All information we collect on this Teleport Service is subject to our Privacy Policy https://www.guitargate.com/privacy-policy. By using the Teleport Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Linking to the Teleport Service and Social Media Features.

You may link to our homepage, 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 without our express written consent.

This Teleport Service may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Teleport Service.
• Send emails or other communications with certain content, or links to certain content, on this Teleport Service.
• Cause limited portions of content on this Teleport Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Teleport Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Teleport Service other than the homepage.
• Otherwise take any action with respect to the materials on this Teleport Service that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

14. Links from the Teleport Service.

If the Teleport Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Teleport Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions.

The owner of the Teleport Service is based in the State of Maryland in the United States. We provide this Teleport Service for use by persons located in the United States. We make no claims that the Teleport Service or any of its content is accessible or appropriate outside of the United States. Access to the Teleport Service may not be legal by certain persons or in certain countries. If you access the Teleport Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Teleport Service 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 TELEPORT SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TELEPORT SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE TELEPORT SERVICE, ITS CONTENT (INCLUDING USER MUSICAL CONTENT), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TELEPORT SERVICE IS AT YOUR OWN RISK. THE TELEPORT SERVICE, ITS CONTENT (INCLUDING USER MUSICAL CONTENT), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TELEPORT SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE TELEPORT SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE TELEPORT SERVICE, ITS CONTENT (INCLUDING USER MUSICAL CONTENT), OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TELEPORT SERVICE 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 TELEPORT SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TELEPORT SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

17. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 TELEPORT SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT (INCLUDING USER MUSICAL CONTENT) ON THE TELEPORT SERVICE 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 Teleport Service.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use; (ii) your use of the Teleport Service, including, but not limited to, your User Contributions, any use of the Teleport Service content, services, and products other than as expressly authorized in these Terms of Use; and (iii) your use of others’ User Musical Content, whether or not in compliance with these Terms of Use.

19. Governing Law and Jurisdiction.

All matters relating to the Teleport Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of [Maryland] or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Teleport Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Baltimore and County of Baltimore, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Arbitration.

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Teleport Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.

21. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement.

The Terms of Use, our Privacy Policy, and any terms of sale we agree to with respect to your purchase of our hardware devices constitute the sole and entire agreement between you and Guitargate Management, Inc. regarding the Teleport Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Teleport Service.

23. Your Comments and Concerns.

The Teleport Service is operated by Guitargate Management, Inc., 6 East Eager Street, Baltimore, MD 21202.

All other feedback, comments, requests for technical support, and other communications relating to the Teleport Service should be directed to: support@guitargate.com.