• TERMS & CONDITIONS AND PRIVACY POLICY

UPDATES TO OUR PRIVACY POLICY

At Guitar Tabs X, we’re continuously striving to provide you with the best possible experience – and your privacy is important to us.

The recent updates due to the new EU General Data Protection Regulation (GDPR), effective as of May 25, 2018:

• make it easier for you to understand which data we collect and how we use it
  
• give you increased control over your data
  
• and provide a detailed explanation of your rights as a user.
  

TERMS & CONDITIONS

• INTRODUCTION
• Guitar Tabs X is a product of Aleksandar Mlazev and is operated from: Burgas 8000, Bulgaria
  
  
• VALIDITY OF THE T&C
• Validity. Guitar Tabs X is offered on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the Guitar Tabs X, in case they are available without registration. These T&C shall be valid until cancelled in the currently valid version as of May 21, 2018.
  
• Prerequisite. By using the Guitar Tabs X product you consent to these T&C.
  
• Extent These T&C shall apply to all points of access, including (sub-)domains and mobile or PC applications.
  
• SUBJECT OF THE AGREEMENTCurrently, Guitar Tabs X essentially offers its users the following features and information:
• Platform:
• Access to shared by other users Guitar Tabs X songs on the server. 

• Apps:
• Applications for Apple iPhones, Android phones, Apple Mac OS, that can be used isolated on the device and may have connection with the Platform.
  
• Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform or shared via email, respectively. Please see our Privacy Policy for more information.
  
• The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
  
• The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
  
• Additional terms and conditions on the part of the mobile phone providers apply.
  
• REGISTRATION

• No registration is required for using Guitar Tabs X.
  
• User Identity. Guitar Tabs X is not responsible for the actual identity of the user, since personal identification is not required. Each user shall itself identify shared songs authors, title and tab creator.

• Rights of Guitar Tabs X
• Guitar Tabs X reserves the right to reject and not publish to the Platform songs that may violate the some 3rd party copyright.
• If your song violates copyright law or If you provide any information that is untrue, inaccurate, not current or incomplete, or Guitar Tabs X has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Guitar Tabs X has the right to remove your songs from the Platform.
  
• GENERAL TERMS AND CONDITIONS FOR ALL USERS

• Promotions and Free Offers. Guitar Tabs X may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
  
• SPECIAL TERMS AND CONDITIONS FOR PRO MEMBERS
• Subscription Requirement. In order to use the Guitar Tabs X Pro features, you must pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the PRO Services, by credit card, via AppStores, or any other form of payment accepted by Guitar Tabs X Pro (the “Subscription”).
  
• Types and Prices of Subscriptions. Guitar Tabs X offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing in the App Stores. All prices are subject to change at any time. Any price changes will be announced in the App Stores.
  
• Payment.
• Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Pro Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
  
• Payments for the entire term of your Pro Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If Guitar Tabs X is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. 

• Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores.
  
• Cancellation. You may cancel your Subscription to Guitar Tabs X Pro at any time by initiating the cancellation via the App Store. Unless otherwise provided for in Section 8, Guitar Tabs X will not refund previously paid amounts.
  
• Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the application during such period.
  
• Contact. Please contact us at contact@bialamusic.com
  
• Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Pro users.
  
• TERMINATION
• General. Each user shall have the right to terminate the use of Guitar Tabs X Pro at any time via his/her account settings in App Store. 

• USER OBLIGATIONS AND CONDUCT
• User Obligations. Each user of the Guitar Tabs X must
• truthfully provide the right information for every song shared to the Platform without violating the copyright laws
  
• only save, publish, transmit and distribute such content, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Guitar Tabs X that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
  

• not carry out any disrupting interferences in the Platform, including the Guitar Tabs X, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Guitar Tabs X software or hardware;
  
• not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
  
• regularly save important information (all stored songs), e.g., on an external storage medium, hard drive or in the cloud. Guitar Tabs X shall not be responsible for any lost of data.
  
• BREACH OF USER OBLIGATIONS
• Sanctions. In order to ensure the 3rd party copyrights Guitar Tabs X have the right to not publish or remove published songs that may harm 3rd party copyrights

• CONTENT
• General. Guitar Tabs X permits its Users to use the offered portfolio of Guitar Tabs X Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
  
• Disclosure. Guitar Tabs X shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
• comply with statutory law, or court or administrative orders;
  
• ensure compliance with these T&C;
  
• react to claims of breaches of law raised by third parties; or
  
• safeguard the rights, property or personal safety of Guitar Tabs X, its users and the general public.
  
• Use of Content. The user grants Guitar Tabs X the irrevocable, free, non-exclusive and unlimited right to use all content shared to the Server by such user. Accordingly, Guitar Tabs X shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of Guitar Tabs X or any company affiliated with us. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Guitar Tabs X uses content created by a user outside the Guitar Tabs X Products, Guitar Tabs X shall note that such content was created by the user.
  
• Ownership. Guitar Tabs X does not claim ownership of any content created by users and will not supervise such content.
  
• Deletion. Guitar Tabs X reserves the right to delete content created by users without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12.
  
• Inaccurate Content. Guitar Tabs X shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.
  
• PRIVACY POLICYPlease see the separate Privacy Policy available on http://guitartabsx.com/privacypolicy/ that is an integral part of this agreement.
  
• REPRESENTATIONS AND WARRANTIES
• Limitation. Guitar Tabs X does not claim or warrant that
• the  Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
  
• the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
  
• Own Risk. The user uses the Guitar Tabs X exclusively at his/her own risk. This applies, without limitation, to
• the related use of any hardware
• downloading of the user’s own and third party content; and
  
• any use by the user of data created or provided by Guitar Tabs X
  

• LIMITATION OF LIABILITY
• General. Guitar Tabs X shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Guitar Tabs X has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Guitar Tabs X shall not be liable to other businesses and shall be liable to consumers only for personal damages. Guitar Tabs X shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
  
• Content. Unless required by statutory law, Guitar Tabs X shall not be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the Products. This also applies to damages resulting from errors, problems, viruses or loss of data.
  
• Downloads. Guitar Tabs X assumes no liability for downloaded material or material obtained as a consequence of using the Products. The User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the Products.
  
• Conflicts. The User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The User acknowledges and accepts that Guitar Tabs X will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
  
• INDEMNIFICATION BY USERS
• Indemnification. The user shall indemnify Guitar Tabs X for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the Products by such user or as a result of any other usage by such user of applications available from Guitar Tabs X. The user shall bear the costs of any legal proceedings, in which Guitar Tabs X may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
  

• CHANGES TO THE T&C
• General. Guitar Tabs X reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.
  
• Changes. The latest T&C will be available to all users on the Server
  
• Written Form. Subject to Sections 17.1 to 17.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
  
• MISCELLANEOUS
• Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
  
• Governing Law and Jurisdiction.
• These T&C and all contractual relations and litigation between the users and Guitar Tabs X shall be governed by Bulgarian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
  
• Place of delivery and exclusive court of jurisdiction shall be Burgas, Bulgaria.
  

PRIVACY POLICY

• IN GENERAL

Guitar Tabs X does not collect and stores any user data except for the songs shared to the server.

No other data is collected or distributed. Shared songs can not be tracked to the actual users and the information provided by users can not be validated.

For more information and questions: 

Contact Us: 

contact@bialamusic.com

• WHICH RIGHTS YOU HAVE
• Exercise your Rights. To exercise your rights , please send a request via email to the Email Address.
  
• Right of Access. You have the right to songs validated and published on the Server. Songs are only published after manual preview and validation. 

• FURTHER IMPORTANT INFORMATION
• Legal Bases. Data protection laws regulate that we are only allowed to collect and process your Data, if we have lawful bases for processing.
  
• CHANGES TO THE PRIVACY POLICY
• General. Guitar Tabs X may change this Privacy Policy.
  
• Last Updated. This Privacy Policy was last modified on 19 August, 2018.