Gnarly Charlie Media, LLC
Terms of Service Governing Courses sold or accessed on websites
1. Introduction
Welcome to Gnarly Charlie Media, LLC (“GCM”). Our mission is to improve music education through cutting-edge instruction. These Terms of Service (“Terms”) are designed to protect your rights as a Course user (“You”) and our rights as the Course provider (”Provider”), ensuring a fair and beneficial learning environment for all participants. These Terms govern your purchase, access, and use of Provider online Courses and related services (collectively, the “Course”) offered on playitloudblog.com and (and any of their respective subdomains, collectively referred to herein as the “Sites”) By accessing or using this Course, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Course. By purchasing and accessing any Course offered on the Sites, User is granted a limited, non-exclusive, non-transferable, and revocable license to view and use the Course materials solely for personal, non-commercial educational purposes. This license permits you to:
- Stream and view the Course content online via the Sites; and
- Download Course materials where explicitly permitted by the Sites.
2. Intellectual Property Rights
License: Upon enrolling in the Course, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Course content for your personal, non-commercial use only. This license does not grant you any ownership rights to the content, and you may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of the content without explicit written permission from GCM.
3. Prohibited Use
Users are strictly prohibited from:
Sharing Login Credentials: You may not share your login credentials or account access with any other person or entity, whether for free or for compensation. Your access to this Course is intended solely for your personal use, and sharing your credentials is a violation of these Terms.
4. Proprietary Information & Confidentiality
Definition of Proprietary InformationFor the purposes of these Terms, “Proprietary Information” includes, but is not limited to:
- Course materials, including written, audio, video, graphical, and other instructional content;
- Teaching methods, techniques, lesson structures, exercises, and musical arrangements;
- Software, algorithms, processes, and formats utilized within the Course;
- Any content, documentation, or information explicitly marked as confidential or proprietary on our Sites.
Proprietary Information does not include:
- Information that is publicly available through lawful means and not in violation of these Terms;
- Information lawfully obtained from a third party who is not under an obligation of confidentiality.
Confidentiality Obligations of the User:
By accessing or purchasing a Course, the User agrees to:
- Maintain the confidentiality of all Proprietary Information, unique methods, and to not disclose, distribute, or share any such information with third parties, whether in whole or in part, without prior written consent from GCM;
- Use Proprietary Information solely for personal, educational purposes and not for commercial use, reproduction, sublicensing, or redistribution in any form;
- Refrain from reverse engineering, modifying, copying, or creating derivative works based on the Course content, techniques, or methods;
- Not use the Course content to create or offer competing instructional materials or courses without express written authorization.
Unauthorized Disclosure or Misuse:
In the event of unauthorized disclosure, reproduction, or misuse of Proprietary Information by the User, GCM reserves the right to:
- Immediately terminate the User’s license and access to the Course without notice or refund;Pursue legal remedies, including injunctive relief and damages for breach of confidentiality and intellectual property rights;
- Take any other necessary action to protect its proprietary interests.
Reporting Unauthorized Use:
If the User becomes aware of any unauthorized access, distribution, or misuse of the Course content by any third party, they must notify GCM immediately at playitloudking@gmail.com
5. User Responsibilities
Compliance with Laws: Users must comply with all applicable local, state, national, and international laws and regulations while using this Course. The specific jurisdiction governing this agreement will be detailed in a later section of these Terms. Failure to comply with legal requirements may result in the termination of your access to the Course.
Account Security: Users are responsible for maintaining the confidentiality of their account information and are fully responsible for all activities that occur under their account. If you suspect any unauthorized use of your account, you must notify GCM immediately.
Technology Requirements: It is the responsibility of the user to provide and maintain the necessary technology, including hardware, software, and internet connection, required to access and use the Course. GCM is not responsible for any technical issues that prevent you from accessing the Course.
6. Termination
We reserve the right to terminate or suspend your access to the Course at any time, with or without notice, for any reason, including violation of these Terms.
In certain cases, your access may be reinstated if breaches of contract are resolved and any associated fees are settled. However, reinstatement of access is at the sole discretion of GCM and is not guaranteed.
Upon termination, any data or content you have uploaded or created within the Course platform may still be held by the platform provider(s), but GCM has no control over this data. You should not expect any of your content to remain accessible or intact upon termination.
7. Dispute Resolution
Mediation First: In the event of any dispute arising out of or relating to these Terms, you agree to first attempt to resolve the dispute with GCM through confidential mediation in Mobile, AL USA. The mediator will be mutually chosen by both parties, and the mediation will take place remotely, with a central location based out or around the city of Mobile, AL USA. The costs of mediation shall be shared equally between both parties. However, if it is determined during mediation that one party has breached the contract, that party will be required to reimburse the other party for the full cost of the mediation.
Binding Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration under the rules of the International Chamber of Commerce (ICC), with any arbitration will be held in Mobile, AL USA. The arbitration will take place remotely unless both parties agree otherwise. The arbitrator’s decision shall be final and binding, enforceable in any court of competent jurisdiction.
8. Refunds
Payment Plan and One-Time Payment Course Purchasers:
Full Refunds for the First 7 Days: Full refunds are offered for the first 7 days, provided that you can show you made an attempt to use the information.
No Refunds for Forgetting to Cancel: There will be no refunds if you “forget” that you are subscribed.
Discretionary Refunds: All other refund cases are handled at our discretion. Simply email us, state your case, and we will try to help solve your problem. If we cannot solve your problem, we will issue a refund. This clause does not apply to users who chose installment agreements.
Subscription Purchasers:
No Refunds for First Month: No refunds will be issued for the first month of subscription payments.
Refunds for Second Month: If a subscription payment for your second month goes through and you wish to cancel, you have 3 days to do so and claim a refund. After this 3-day period, no refunds will be issued.
Discretionary Refunds: All other refund cases are handled at our discretion. Simply email us, state your case, and we will try to help solve your problem. If we cannot solve your problem, we will issue a refund.
9. Course Availability and Download Rights
Course Availability: GCM reserves the right to take the Course offline at any time, either due to third-party hosting service disruptions or if we decide to stop offering the Course. In such cases, we will make reasonable efforts to notify you in advance.
Download Rights: If we decide to stop offering the Course, we will provide a full, local download of the Course and all its materials, excluding any online or interactive functionality. You will be notified of this option 3 times over a 30-day period, and you will have an additional 30 days from the final notification to claim your download.
Video downloads are strictly prohibited otherwise.
10. Limitation of Liability
To the fullest extent permitted by law, GCM and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the Course;
- Any unauthorized access to or use of our servers and/or any personal information stored therein;
- Any interruption or cessation of transmission to or from the Course;
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Course by any third party;
- Any physical injuries, including but not limited to repetitive strain injuries (RSI), carpal tunnel syndrome, or tendinitis, resulting from the misuse or incorrect application of the techniques and exercises taught in the Course;
The content and techniques provided in this Course are designed to promote healthy playing habits and prevent injuries. However, users are responsible for applying the material correctly and understanding their own physical limitations.In no event shall GCM’s aggregate liability for all claims relating to the Course exceed the amount you paid to GCM for the Course.
Exceptions: This limitation of liability shall not apply to damages caused by intentional misconduct, gross negligence, or other actions that cannot be excluded or limited by law.
11. Amendments
GCM reserves the right to modify these Terms at any time, at our sole discretion. Any amendments will be effective immediately upon posting on our website or within the Course platform.Your continued use of the Course after any changes to these Terms constitutes your acceptance of the new terms. If you do not agree with the amended terms, you must discontinue using the Course.
12. Entire Agreement
The Privacy Policy referenced in these Terms functions independently and is not incorporated by reference into this agreement. Each document serves its own purpose and stands alone, though both are legally binding.No other agreements, understandings, or representations, whether made prior to or after your acceptance of these Terms, shall be binding unless expressly incorporated into these Terms.
13. Survivability
Certain provisions of these Terms will continue to apply even after your payment, access to the Course, or this agreement ends. Specifically, the following sections will remain in effect: Intellectual Property Rights (Section 2), Prohibited Use (Section 3), Confidentiality (Section 4), Limitation of Liability (Section 10), Dispute Resolution (Section 7), and any other terms that are naturally meant to survive termination or completion of the agreement.
14. Prohibition on AI Use
No individual, entity, or system is permitted to use, access, or process any content provided in this Course, including but not limited to videos, written materials, exercises, and graphics, for the purposes of training, developing, or enhancing artificial intelligence (AI) models, machine learning algorithms, or any other automated systems.
This restriction applies regardless of whether the content has been purchased, accessed with authorization, or obtained through any other means. Any violation of this clause will result in immediate termination of access, if applicable, and may lead to further legal action.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, while still closely reflecting the original intent. If modification is not possible, that provision shall be removed, and the remaining provisions shall continue in full force and effect.
However, the following sections are not severable and shall remain in effect regardless: Intellectual Property Rights (Section 2), Prohibited Use (Section 3), Confidentiality (Section 4), Termination (Section 6), Course Availability and Download Rights (Section 9), Limitation of Liability (Section 10), Prohibition on AI Use (Section 14), and Non-Compete (Section 16).
16. Non-Compete
You agree that, for the duration of your access to the Course and for a period of two (2) years following the termination or expiration of such access, you shall not, directly or indirectly, create, market, sell, or distribute any course, program, training, or educational material that competes with or is substantially similar to the Course or any other product offered by Gnarly Charlie Media LLC, including but not limited to materials teaching the same or substantially similar proprietary methods, techniques, or systems.
You further agree not to use any of the Course’s content, methods, or proprietary systems as the foundation for any commercial offering, including online courses, memberships, workshops, or coaching programs, whether offered independently or through any third party.
This restriction applies globally due to the online nature of the Course. Nothing in this section shall prohibit you from teaching or performing music generally, provided you do not use, disclose, or replicate the proprietary methods or materials from the Course.
Questions about acceptable use or collaboration are always welcome. Permission must be requested before proceeding.
17. Contact Information
We are committed to addressing your inquiries promptly, though no specific support hours are provided. If you have any questions, concerns, or need assistance regarding these Terms or the Course, you can contact us via the following methods:
Email (Preferred):
playitloudking@gmail.com