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General Registration

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Privacy Policy

Thank you for using the Legacy Guitars marketplace. By using Legacy Guitars’ website, products, and services (collectively, the “Services”), you accept and agree to the terms of this Privacy Policy. Accordingly, please read and review the terms of this Privacy Policy below.

Introduction

Legacy Guitars (“LEGACYGUITARS”) takes your privacy seriously. This Privacy Policy covers how Legacy Guitars collects, uses, discloses, retains, and protects your personal information. Personal information is information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Legacy Guitars does not own or control, or to people that Legacy Guitars does not employ or manage.

If you object to anything in this Privacy Policy, or otherwise do not understand or agree to be bound by the terms of this Privacy Policy, do not use Legacy Guitars’ Services. By using Legacy Guitars Services, you agree to be bound by the terms of this Privacy Policy. You may print a copy of this Privacy Policy by using the print button or feature in your browser. Legacy Guitars suggests retaining a copy for future reference.

Legacy Guitars may change this Privacy Policy at any time without prior notice to you. When Legacy Guitars makes any changes to this Privacy Policy, Legacy Guitars will revise the “last updated date” on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on Legacy Guitars’ use or disclosure of personal information you have provided to Legacy Guitars, Legacy Guitars will attempt to obtain your consent and/or provide you with notice of such changes. You agree that Legacy Guitars may provide you with notice of such changes in any of the following ways: by requiring you to acknowledge and accept the revised version at your next login, via email from LEGACY GUITARS, and/or by posting a change notice on LEGACY GUITARS’ website for a reasonably limited time.

It is your responsibility to review any changes to this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed about how LEGACY GUITARS is protecting the personal information collected from you. If you object to any of the changes to this Privacy Policy, or otherwise do not understand or agree to any of the changes to this Privacy Policy, do not use LEGACY GUITARS’ Services. Your continued use of LEGACY GUITARS’ website, or of any LEGACY GUITARS mobile application, constitutes your agreement to this Privacy Policy and any updates made hereto.

For the purposes of this Privacy Policy, “LEGACY GUITARS” means and includes LEGACY GUITARS and its affiliates, subsidiaries, investors, owners, members, shareholders, officers, directors, employees, agents, representatives, and assigns.

Information Collection and Use

LEGACY GUITARS collects personal information from you and the devices (including mobile devices) you use to access the Services. LEGACY GUITARS collects personal information when you register with LEGACY GUITARS and when you use LEGACY GUITARS’ Services. Categories of personal information that LEGACY GUITARS collects include, but are not limited to: (a) identifying information such as your name, address, email address, phone number, and driver’s license information; (b) bidding, buying, selling, and other transaction information; (c) financial information such as credit card or bank account numbers; (d) other information you provide to LEGACY GUITARS through your use of the Services; and (e) other information LEGACY GUITARS is required or authorized by applicable law to collect to identify you or verify other information collected.

LEGACY GUITARS collects your personal information to: (a) provide you with access to and use of the Services; (b) facilitate bidding, buying and selling of items by you through LEGACY GUITARS; (c) operate, improve, and personalize the Services; (d) contact you regarding your use of the Services; (e) provide you with customer service and support; and (f) detect, prevent, and mitigate fraudulent or illegal activities.

LEGACY GUITARS automatically receives and records information on LEGACY GUITARS ’s server logs regarding your sessions on the LEGACY GUITARS website or through any LEGACY GUITARS mobile application. Categories of personal information that LEGACY GUITARS collects in this manner include without limitation: (a) internet protocol (IP) addresses; (b) browser type; (c) internet service provider (ISP); (d) referring/exit pages; (e) operating system; (f) date/time stamp, and (g) clickstream data.

LEGACY GUITARS may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain personal information, but it will enable LEGACY GUITARS to relate your use of LEGACY GUITARS ’s website to personal information that you have specifically, voluntarily, and knowingly provided to LEGACY GUITARS. However, the only personal information a cookie can contain is information that you supply yourself. A cookie cannot read data off your hard disk or read other cookie files created by other websites. LEGACY GUITARS may use cookies to track your traffic patterns. In addition, LEGACY GUITARS uses encrypted cookies to authenticate your identity on each page after you log on to the website. You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Some of LEGACY GUITARS’ Services may not function properly if your cookies are disabled.

LEGACY GUITARS, website may contain links to other third-party websites that are not owned or controlled by LEGACY GUITARS. Please be aware that LEGACY GUITARS is not responsible for the privacy practices of these third-party websites. LEGACY GUITARS encourages you to be aware when you leave LEGACY GUITARS’ website and to read the privacy policies of any third-party website that collects and/or uses your personal information.

LEGACY GUITARS’ website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU. By providing your personal information, you consent to: the use of your personal information for the purposes identified above in accordance with this Privacy Policy; and the transfer of your personal information to the United States as indicated above.

Information Sharing and Disclosure

LEGACY GUITARS does not sell or share your personal information with other people or nonaffiliated entities except in the following circumstances: (a) to provide products or services to you which you have requested; (b) when LEGACY GUITARS has your permission; (c) in response to subpoenas, court orders, or other legal process; (d) to establish or exercise LEGACY GUITARS’ legal rights or defend against legal claims; (e) upon receipt of a written request from law enforcement; or (f) if LEGACY GUITARS reasonably believes that doing so is legally required or is in LEGACY GUITARS’ best interest to protect LEGACY GUITARS’ legal rights or the legal rights of others.

If LEGACY GUITARS is acquired by or merges with another company, LEGACY GUITARS may transfer personal information about you to such company, to the extent such transfer is permitted by applicable law. In this event, LEGACY GUITARS will notify you before information about you is transferred and becomes subject to a different privacy policy

Data Storage and Retention

LEGACY GUITARS will retain your personal information as long as it is necessary and relevant to provide you with the Services. LEGACY GUITARS may also store the personal information associated with your account in LEGACY GUITARS’ databases indefinitely following the closing or cancellation of your account in order to comply with legal and regulatory obligations, resolve disputes and claims, collect any fees owed, assist with any investigation, and take any other actions permitted by law.

Confidentiality and Security

LEGACY GUITARS takes your security seriously and takes reasonable steps to protect your personal information. Access to your personal information is limited to employees who reasonably need to come into contact with that information to provide you with the Services or to do their jobs. LEGACY GUITARS has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

LEGACY GUITARS uses Secure Socket Layer (“SSL”) encryption when transmitting certain kinds of personal information, such as financial services or payment information. An icon resembling a padlock is displayed on the bottom of most browser windows during SSL transactions that involve credit cards and other forms of payment. Any time LEGACY GUITARS asks you for a credit card number or driver’s license number for payment or verification purposes, it will be SSL encrypted. The information you provide will be stored securely on LEGACY GUITARS’ servers. However, no method of transmission over the internet or method of electronic storage can be guaranteed to be 100% secure. Once you choose to store or enter your credit card number on LEGACY GUITARS, it will not be displayed back to you in its entirety when you retrieve or edit it in the future. Instead of the entire number, you will only see asterisks and either the first four digits or the last four digits of the number.

If LEGACY GUITARS learns of a security systems breach, LEGACY GUITARS may attempt to notify you electronically so that you can take appropriate protective steps. By using this website, any LEGACY GUITARS mobile application, or providing personal information to LEGACY GUITARS, you agree that LEGACY GUITARS can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. LEGACY GUITARS may post a notice on the LEGACY GUITARS website if a security breach occurs. LEGACY GUITARS may also send an email to you at the email address you have provided in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify LEGACY GUITARS at mail@Legacyguitars .com.

Communications

LEGACY GUITARS reserves the right to send you certain communications relating to the Services and your account with LEGACY GUITARS, including but not limited to notifications, service announcements, and administrative messages. Generally, you may not opt-out of these communications, which are not promotional in nature. If an opt-out option is available, you may opt-out by following the instructions included in each communication. Should you choose not to receive certain communications, your access to or use of certain services may not be possible.

Contacting LEGACY GUITARS

If you have questions or concerns regarding this Privacy Policy, please contact LEGACY GUITARS using the following contact information:

LEGACY GUITARS , Inc.
195 Webster Drive
Ben Lomond, CA 95005
mail@legacyguitars.com

MEMBER TERMS AND CONDITIONS

I. Membership

You (the “Member”) are entering into a legally binding agreement. These Member Terms and Conditions (this “Agreement”) set out the terms on which Legacy Guitars (“LEGACYGUITARS”) offers you access to and use of Legacy Guitars’ websites, applications, tools, and services (collectively “Membership Services”).

Please be advised that this Agreement affects your legal rights and contains provisions that govern how claims between you and Legacy Guitars have against each other are resolved. You should read this Agreement in its entirety before accepting it. If you object to anything in this Agreement, or otherwise do not understand or agree to be bound by this Agreement, do not use the Membership Services. If you use the Membership Services in any way, including by placing a bid through Legacy Guitars’ website, you agree to and are bound by this Agreement. You are encouraged to retain a copy of this Agreement for future reference.

Legacy Guitars may modify, add to, suspend or delete this Agreement, in whole or in part, at Legacy Guitarss’ sole discretion, at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website (as defined below). Legacy Guitars will provide you with notice of such changes, and it is your responsibility to review any changes to this Agreement. If you object to any of the changes to this Agreement, or otherwise do not understand or agree to any of the changes to this Agreement, do not use the Membership Services. By continuing to use the Membership Services following notice of any changes to this Agreement, you agree to and are bound by this Agreement as changed.

II. General Terms and Acknowledgements

A. Definitions

For purposes of this Agreement, references to “you,” “your,” and “Member” shall mean a registered user of the Legacy Guitars website. References to the “Website” shall mean the website located at https://www.legacyguitars.com and any related website provided by Legacy Guitars unless otherwise specified. “Member Account” or “Account” shall mean the account you create through the Website and through which you may receive information from Legacy Guitars and participate in the Membership Services and other features of the Website, such as bid in online actions and arrange for item shipment. “Seller” shall mean a Member who uses the Website to sell an item. “Buyer” shall mean a Member who uses the Website to purchase a item.

B. Modifications and Changes to the Website, Membership Services

Legacy Guitars may modify, add to, suspend, or delete any aspect of the Website or any Membership Services offered by Legacy Guitars thereby, in whole or in part, at Legacy Guitars’ sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to functionality and services offered, other content offered, hours of availability, and equipment needed for access or use.

C. Prohibited Use of the Website, Member Account

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Website and/or any Member Account: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Legacy Guitars’ intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or materials and products found thereon, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. Legacy Guitars reserves the right to terminate your use of the Website for violating any of the prohibited uses or for any other reason at Legacy Guitars’ sole and exclusive decision.

D. Accuracy, Completeness and Timeliness of Information

Legacy Guitars is not responsible if information made available on the Website is not accurate, complete or current. You acknowledge that the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge and agree that no advice or information, whether oral or written, obtained from Legacy Guitars, or through the Website, shall create any warranty notexpressly stated in this Agreement. You further acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

E. Right of Refusal, Limitation, and Discontinuation

Legacy Guitars reserves the right to refuse to provide any access to the Website and/or Membership Services and/or a Member Account to anyone for any reason at any time at Legacy Guitars’ sole discretion without recourse to you.

III. Your Member Account

A. Registration Required

In order to participate in the Membership Services, such as bidding on instruments or amplifiers, establishing a bidding limit, and benefiting from exclusive discounts and services, users are required to register as Members. Access of the Membership Services without registration shall be strictly prohibited.

B. Membership Eligibility

Membership is limited to those persons who are eighteen (18) years of age or older and have the capacity to enter into a legally binding contract and who reside in the countries that are not currently under U.S. trade embargo restrictions. You must also hold a valid driver’s license, state-issued ID or passport and shall be required to provide proof of the same upon registration. In addition to the foregoing, state-specific registration requirements and applicable laws, regulations and restrictions may further limit Member registration and purchasing eligibility.

C. Registration Process and Procedures

Should you meet the foregoing eligibility criteria and agree with this Agreement, you will be given the opportunity to register via an online registration form so as to create a Member Account, through which you may receive information from Legacy Guitars and participate in the features of the Website, such as bidding on online auctions, among other services. Legacy Guitars will use the information you provide during registration in accordance with Legacy Guitars’ Privacy Policy. By registering with Legacy Guitars, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Website so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that Legacy Guitars may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of this Agreement.

D. Account Activity

Members are responsible for all Account activity, including, without limitation, all bids submitted under the Member’s username and password through the Website. A Member’s Account may not be transferred or assigned to any person or entity. In the event a Member’s Account or username and password are used without authorization, you agree to immediately notify Legacy Guitars of any such unauthorized activity. Members shall be responsible for all Account activity and charges incurred prior to the receipt of written notice by Legacy Guitars of such unauthorized activity.

E. Revocation of Membership

Legacy Guitars reserves the right to suspend or irrevocably revoke the Membership of a Member for any reason, at Legacy Guitars’ sole and absolute discretion. Membership may be suspended for any of the following reasons, including but not limited to: improper or unprofessional conduct on the Website or on any affiliate website, through any electronic or non-electronic format; non-payment of contracted agreements; or any other reason whatsoever as Legacy Guitars deems applicable. Legacy Guitars shall not be liable in any manner whatsoever for said revocation or suspension.

F. Marketing and Promotional Materials

Members agree and acknowledge that by registering for an Account they have affirmatively requested to receive marketing and promotional materials via mail, email and facsimile from Legacy Guitars and Legacy Guitars’ third-party affiliates. To unsubscribe to any promotional materials sent to you via email, simply follow the unsubscribe information provided at the bottom of each communication.

G. Comments on Auction Pages

Members have the option to place comments on the auction page of any instrument listed on the Website. Comments may be directed to the Seller, to other Members bidding on the instrument or to other Members commenting on the instrument. You agree that any comments you make on an auction page will be appropriate and professional and will not contain any content that is indecent, of a derogatory nature, or otherwise inappropriate. Legacy Guitars reserves the right to remove any comments or to revoke the Membership of any Member who violates this provision, all at Legacy Guitars’ sole and absolute discretion.

H. Notices

Member agrees and acknowledges that Legacy Guitars will have the right to periodically send electronic or printed correspondence to such Member, including text messages. Such correspondence may be in reference to changes in policies, promotions available to Members, or other material related to the Member’s Account or access thereof to the Website. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Member Account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send a message via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law, for purposes of quality monitoring purposes.

IV. Auctions, Bidding and Sales

A. Auctions

After Seller creates an Account and provides all the necessary information in regard to the item to be sold, Seller will receive an email notifying Seller that the item has been approved for sale. Seller shall then choose the preferred type of auction for selling the guitar or amplifier. If Seller chooses a Reserve Auction, Seller will suggest a reserve. Legacy Guitars will review Seller’s suggested reserve and, together with Seller, will establish the Reserve Price, which shall be the minimum price at which the Seller’s guitar or amplifier may be sold. Before the auction takes place, Seller will be contacted by an auction specialist, who will verify all information with the Seller and arrange with Seller for photos of the guitar or amplifier to be displayed on the Website. After all information is verified and all necessary details are listed on the Website, the auction will begin once Legacy Guitars determined at its discretion and will last for a period of at least seven to ten (7-10) days but may be longer or shorter as determined by Legacy Guitars.