Terms & Conditions


These Terms and Conditions of Use (this "Agreement") set forth the terms and conditions that apply to your use of the Web site located at www.playcrossroads.com and the services, contests, and materials offered thereon (collectively, the "Service") which are offered to you by Ernie Ball, Inc. ("Ernie Ball"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, you must discontinue your use of the Service.

1. The Basics

Key Terms: The Service is a computer online service that facilitates the operation of Ernie Ball's Play Crossroads Crossroads Guitar Festival(the "Contest"). It is accessible to you through a personal computer, or other access device at www.playcrossroads.com (the "Site") using a communications connection (e.g., modem or telephone line).

Ability to Enter into the Agreement: You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to Ernie Ball unless you are at least 18 years old. Or have parental consent from a legal parent or guardian.

Termination of Service (Including Contests): ERNIE BALL MAY AT ANY TIME AND FOR ANY REASON COMPLETELY DISCONTINUE THE SERVICE, WHICH INCLUDES WITHOUT LIMITATION THE CONTEST REGARDLESS OF HOW FAR IT MAY HAVE PROGRESSED.

Restrictions on Use As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, contest opportunities, links to other Web sites and other computer services that Ernie Ball may decide to offer, subject to the terms hereof. Ernie Ball may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,

i. restricting the time of availability

ii. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),

iii. restricting the amount of use permitted,

iv. changing Contest rules, and

v. restricting or terminating any user's right to use all or part of the Service, at any time in Ernie Ball's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by Ernie Ball and contains material that is derived in whole or in part from material supplied and owned or licensed by Ernie Ball. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material"). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Ernie Ball and Ernie Ball does not transfer title to any such Material to you.

2. General Contest Rules and Conditions

General Contest Rules and Conditions: Reference is made to the Ernie Ball 2012 Play Crossroads Crossroads Guitar FestivalOfficial Rules, located on the Site ("Contest Rules"). Set forth below are the general terms and conditions for participating in the Contest on the Site. By participating in the Contest, each participant certifies that he/she has followed, and agrees to be bound by the Contest Rules and this Agreement. All Entrants consent to use of name, likeness, entry material in any manner by Ernie Ball, or a sponsor who provides prize(s) for the Contest ("Sponsor") or any other promotional partners, for advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, participants agree to be bound by the decisions of Ernie Ball, which are final.

Eligibility in for-prize contests: Unless otherwise provided, the Contest is open to legal residents of the 50 United States (and the District of Columbia), Canada, Australia, the United Kingdom of Great Britain and Northern Ireland, and other countries that Ernie Ball may determine, in its sole discretion, who, as of the date of entry submission, have attained the age of majority in their jurisdiction of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Contest Rules. Employees of Ernie Ball, Sponsors, advertisers, promotion agencies, and their immediate families and those living in same household of each are not eligible to participate in the Contest.

Duration and Entry: The Contest begins and ends on the dates and times specified on the Site.

Submission of Entries: Any authorized user of the Site may submit an entry in the Contest based on the qualification rules and submission requirements established for the Contest. These persons are referred to as "Entrants." Unless otherwise noted, entries for the Contest must only depict the original performance (e.g., singing, dance) of the Entrant. Any entry that violates the Contest Rules or this Agreement is subject to immediate removal, and the Entrant may be disqualified. Ernie Ball may require that Entrants post a new original performance for any round of the Contest in the time specified by Ernie Ball in order to remain eligible.

Voting: Users who have registered with the Site will have the opportunity to vote in the affirmative for each performance they feel is entertaining or otherwise deemed to be worthy of winning the Contest, as specified by Ernie Ball on the Site or otherwise. Voting in the Contest will end on the date and time specified on the Site. On or about that specified date and time, Ernie Ball will determine the winners of the Contest, and will contact the winner about the prize shortly. Ernie Ball determines the winner of the Contest based upon such criteria as may be determined by Ernie Ball, in its sole discretion, including without limitation the total number of eligible votes received by the Entrants. Ernie Ball may apply a weight to votes received based upon a trust based scoring system that factors in voter accuracy and potential fraud. In that regard, Ernie Ball may exclude any and all votes or plays that it determines, in its sole discretion, were cast fraudulently. This includes votes or plays that are being made from fraudulent accounts, the use of Internet vote purchasing services or any attempts at tampering with the site. If your account is caught in any of the above indiscretions Ernie Ball reserves the right to remove the votes and plays in question, and/or terminate the account including all votes and plays that are associated with it.

Prize: Prizes are provided by Ernie Ball or a Sponsor. The details of the prize and associated worth of the prizes are provided on the Prizes page of the Site. If Ernie Ball offers air fare or accommodations to Entrants in connection with such Entrant's participation in the Contest, Ernie Ball will only be responsible for air fare from within the continental United States.

Winners: To find out the name of the winner(s) of the Contest, visit the Site after the specified Contest end date and time. Non-verified winners may be notified by email and must respond within four days of transmission. If Ernie Ball or the Sponsor does not receive a response within this time period, the winner may be disqualified and an alternate winner will be determined. Winners may make no substitution or transfer of prizes. All federal, state and local income taxes are the sole responsibility of winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. Ernie Ball is not responsible for any prize awarded by any Sponsor, including for any warranty, support or other services associated with the prize. Ernie Ball will not provide a prize to (A) a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Submission of Content: The Site may enable you to create content ("Content") that you submit to Ernie Ball for display on the Site, whether as an entry in the Contest or otherwise.

Such Content is subject to:

Ernie Ball's or other third parties' ownership of material on the Site, such as lyrics and music, that may be incorporated in Content you provide to Ernie Ball. You retain ownership of the copyright and other intellectual property rights in the Content, including but not limited to your performance.

You hereby grant to Ernie Ball a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Content that you submit. Ernie Ball may do any or all of the foregoing for any purpose necessary or relating to the Ernie Ball's services, products or advertising. Any Content that you submit is deemed non-confidential, and Ernie Ball shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ernie Ball to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site and this Agreement. Ernie Ball has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party.

You agree that Ernie Ball is not responsible for any violations of any intellectual property rights in any Content that you submit. You understand that by using the Service that your Content will be publicly available to others and that Ernie Ball has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.

Site Availability: You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to the Contest, will not be available during that time.

Termination of Services: You may establish only one account per person, and up to two accounts per computer or address, to participate in the activities offered on the Site. Ernie Ball reserves the right to monitor any effort to establish multiple accounts. In the event Ernie Ball discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. Ernie Ball also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.

Ernie Ball reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in the Contest.

3. General Service User Rules and Conditions

a. Registration

Should Ernie Ball choose to provide user based services, when you register to use the Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Ernie Ball suspects that your information is untrue or inaccurate, not current, or incomplete, Ernie Ball may, in its sole discretion, suspend or terminate your registration and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Users under the age of 18 must have parental consent before registering to use the Service, and children under the age of 13 may not register with Ernie Ball. The Service is currently provided for free. Ernie Ball reserves the right to change the nature of this relationship at any time.

b. Passwords

Should Ernie Ball provide to you a password that allows you to access certain parts of the Site, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Ernie Ball of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.

c. General

Ernie Ball may choose to send you e-mail newsletters on a variety of topics - for example, informing you of user benefits and features, letting you know of problems with the Site or with services offered by Ernie Ball, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, Ernie Ball may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to not receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.

d. Rules for Use of the Service

4. Conduct Required for Use of the Service

It is a condition of your use of the Service that you do not:

i. restrict or inhibit any other user from using and enjoying the Service;

ii. post, upload, perform, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity, as herein defined;

iii. post, upload, perform, or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;

iv. post, upload, create, or transmit any information (including without limitation Content), software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;

v. post, upload, or transmit any information, software or other material that contains a virus or other harmful component;

vi. post, upload, or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;

vii. post, upload, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters" except that you may provide promotional materials in those areas of the Site that may be designated for such purpose;

viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

x. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;

xi. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy;

xii. disguise a file type to thwart Ernie Ball's detection processes;

xiii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content submitted to the Site;

xiv. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

xv. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

xvi. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

xvii. "stalk" or otherwise harass another;

xviii. post, provide, or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or

xix. attempt to gain unauthorized access to other computer systems or networks connected to the Service.

For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Ernie Ball, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with the Site or other use that contains or is associated with information or content prohibited by this section.

5. Monitoring

Ernie Ball has no obligation to monitor the use of the Service by users. You acknowledge and agree that Ernie Ball reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Ernie Ball reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Ernie Ball's sole and absolute discretion are objectionable or in violation of this Agreement.

6. License

By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting Ernie Ball a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Ernie Ball.

7. Content on the Service.

Communications posted through the Service are provided by users such as you who are unaffiliated with Ernie Ball, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Ernie Ball, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from other users through the Service, you should not assume that such messages have been reviewed by Ernie Ball, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will Ernie Ball be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed or otherwise transmitted via the Service.

8. Personal Safety.

When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

9. Submissions

Ernie Ball is pleased to hear from users and welcomes your comments regarding Ernie Ball's programs and services. Ernie Ball's submission policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Ernie Ball's employees and agents, might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example Contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of Ernie Ball, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Ernie Ball. Disclosure, submission, or offer of any Comments shall constitute an assignment to Ernie Ball of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Ernie Ball may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Ernie Ball and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Ernie Ball is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.

10. Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Ernie Ball will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

11. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ERNIE BALL AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING ANY PARTICIPATION IN A CONTEST. ERNIE BALL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR IN A CONTEST, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN A CONTEST, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR ANY CANCELLATION OF A CONTEST, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ERNIE BALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ERNIE BALL WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL ERNIE BALL OR ITS SPONSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR PARTICIPATE IN THE CONTEST, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, ERNIE BALL'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ERNIE BALL OR ANY OF ITS SPONSORS OR SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY FILE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ERNIE BALL, SPONSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

13. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

14. Indemnification

You agree to defend, indemnify and hold harmless Ernie Ball, its Sponsors, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

15. Termination

Ernie Ball may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your registration hereunder upon thirty (30) days written notice by you to Ernie Ball of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Ernie Ball may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Ernie Ball and its licensors; provided, however, all rights granted by you to Ernie Ball shall continue in perpetuity. Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement which (i) the parties have expressly agreed shall survive any such termination or expiration, or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration.

16. Trademarks

Ernie Ball and the Ernie Ball logo, are trademarks of Ernie Ball, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Ernie Ball, or the owner of such trademark, service mark or trade name, as the case may be, except as explicitly permitted in the section above entitled "Restrictions on Use".

17. Minors

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for the Service. At various places on the Service, we ask for the age of the users. Ernie Ball relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

18. Child Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, Ernie Ball hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org, and at the GetNetWise Coalition website, http://www.getnetwise.org. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.

19. Infringement Policy

Ernie Ball, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right to use the Service and remove material that are alleged to infringe the copyright or other intellectual property rights of a third party if Ernie Ball determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Ernie Ball accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Ernie Ball has implemented procedures for receiving written notification of claimed infringements on the Site and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Ernie Ball in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:
C/O Ernie Ball Inc.
53973 Polk Street
Coachella, CA
92236

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

a. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

20. Modification

Ernie Ball reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. The amended Agreement will apply to your use of the Site and your participation in the Contest. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

21. Export Control

Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote the Service and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Ernie Ball from its offices within the State of California, United States of America. Ernie Ball makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

22. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You also agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Ernie Ball to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Ernie Ball. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

Ability to Enter into the Agreement: You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to Ernie Ball unless you are at least 18 years old.

Termination of Service (Including Contests): ERNIE BALL MAY AT ANY TIME AND FOR ANY REASON COMPLETELY DISCONTINUE THE SERVICE, WHICH INCLUDES WITHOUT LIMITATION THE CONTEST REGARDLESS OF HOW FAR IT MAY HAVE PROGRESSED.

Restrictions on Use As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, contest opportunities, links to other Web sites and other computer services that Ernie Ball may decide to offer, subject to the terms hereof. Ernie Ball may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,

i. restricting the time of availability,

ii. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),

iii. restricting the amount of use permitted,

iv. changing Contest rules, and

v. restricting or terminating any user's right to use all or part of the Service, at any time in Ernie Ball's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by Ernie Ball and contains material that is derived in whole or in part from material supplied and owned or licensed by Ernie Ball, and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material"). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Ernie Ball and Ernie Ball does not transfer title to any such Material to you.

23. General Contest Rules and Conditions

General Contest Rules and Conditions: Reference is made to the Ernie Ball 2012 Play Crossroads Official Rules, located on the Site ("Contest Rules"). Set forth below are the general terms and conditions for participating in the Contest on the Site. By participating in the Contest, each participant certifies that he/she has followed, and agrees to be bound by the Contest Rules and this Agreement. All Entrants consent to use of name, likeness, entry material in any manner by Ernie Ball, or a sponsor who provides prize(s) for the Contest ("Sponsor") or any other promotional partners, for advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, participants agree to be bound by the decisions of Ernie Ball, or as the Contest administrator, which are final.

Eligibility in for-prize contests: Unless otherwise provided, the Contest is open to legal residents of the 50 United States (and the District of Columbia), Canada, Australia, the United Kingdom of Great Britain and Northern Ireland, and other countries that Ernie Ball may determine, in its sole discretion, who, as of the date of entry submission, have attained the age of majority in their jurisdiction of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Contest Rules. Employees of Ernie Ball, Sponsors, advertisers, promotion agencies, and their immediate families and those living in same household of each are not eligible to participate in the Contest.

Duration and Entry: The Contest begins and ends on the dates and times specified on the Site.

Submission of Entries: Any authorized user of the Site may submit an entry in the Contest based on the qualification rules and submission requirements established for the Contest. These persons are referred to as "Entrants." Unless otherwise noted, entries for the Contest must only depict the original performance (e.g., singing, dance) of the Entrant. Any entry that violates the Contest Rules or this Agreement is subject to immediate removal, and the Entrant may be disqualified. Ernie Ball may require that Entrants post a new original performance for any round of the Contest in the time specified by Ernie Ball in order to remain eligible.

Voting: Users who have registered with the Site will have the opportunity to vote in the affirmative for each performance they feel is entertaining or otherwise deemed to be worthy of winning the Contest, as specified by Ernie Ball on the Site or otherwise. Voting in the Contest will end on the date and time specified on the Site. On or about that specified date and time, Ernie Ball will determine the winners of the Contest, and will contact the winner about the prize shortly. Ernie Ball determines the winner of the Contest based upon such criteria as may be determined by Ernie Ball, in its sole discretion, including without limitation the total number of eligible votes received by the Entrants. Ernie Ball may apply a weight to votes received based upon a trust based scoring system that factors in voter accuracy and potential fraud. In that regard, Ernie Ball may exclude any and all votes that it determines, in its sole discretion, were cast fraudulently.

Prize: Prizes are provided by Ernie Ball or a Sponsor. The details of the prize and associated worth of the prizes are provided on the Prizes page of the Site. If Ernie Ball offers air fare or accommodations to Entrants in connection with such Entrant's participation in the Contest, Ernie Ball will only be responsible for air fare from within the continental United States.

Winners: To find out the name of the winner(s) of the Contest, visit the Site after the specified Contest end date and time. Non-verified winners may be notified by email and must respond within four days of transmission. If Ernie Ball or the Sponsor does not receive a response within this time period, the winner may be disqualified and an alternate winner will be determined. Winners may make no substitution or transfer of prizes. All federal, state and local income taxes are the sole responsibility of winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. Ernie Ball is not responsible for any prize awarded by any Sponsor, including for any warranty, support or other services associated with the prize. Ernie Ball will not provide a prize to (A) a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Submission of Content: The Site may enable you to create content ("Content") that you submit to Ernie Ball for display on the Site, whether as an entry in the Contest or otherwise.

Such Content is subject to:

Ernie Ball's or other third parties' ownership of material on the Site, such as lyrics and music, that may be incorporated in Content you provide to Ernie Ball. You retain ownership of the copyright and other intellectual property rights in the Content, including but not limited to your performance.

You hereby grant to Ernie Ball a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Content that you submit. Ernie Ball may do any or all of the foregoing for any purpose necessary or relating to the Ernie Ball's services, products or advertising. Any Content that you submit is deemed non-confidential, and Ernie Ball shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ernie Ball to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site and this Agreement. Ernie Ball has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party.

You agree that Ernie Ball is not responsible for any violations of any intellectual property rights in any Content that you submit. You understand that by using the Service that your Content will be publicly available to others and that Ernie Ball has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.

Site Availability: You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to the Contest, will not be available during that time.

Termination of Services: You may establish only one account per person, and up to two accounts per computer or address, to participate in the activities offered on the Site. Ernie Ball reserves the right to monitor any effort to establish multiple accounts. In the event Ernie Ball discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. Ernie Ball also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.

Ernie Ball reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in the Contest.

24. General Service User Rules and Conditions

a. Registration

Should Ernie Ball choose to provide user based services, when you register to use the Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Ernie Ball suspects that your information is untrue or inaccurate, not current, or incomplete, Ernie Ball may, in its sole discretion, suspend or terminate your registration and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Users under the age of 18 must have parental consent before registering to use the Service, and children under the age of 13 may not register with Ernie Ball. The Service is currently provided for free. Ernie Ball reserves the right to change the nature of this relationship at any time.

b. Passwords

Should Ernie Ball provide to you a password that allows you to access certain parts of the Site, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Ernie Ball of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.

c. General

Ernie Ball may choose to send you e-mail newsletters on a variety of topics ? for example, informing you of user benefits and features, letting you know of problems with the Site or with services offered by Ernie Ball, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, Ernie Ball may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to not receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.

d. Rules for Use of the Service

25. Conduct Required for Use of the Service

It is a condition of your use of the Service that you do not:

i. restrict or inhibit any other user from using and enjoying the Service;

ii. post, upload, perform, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity, as herein defined;

iii. post, upload, perform, or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;

iv. post, upload, create, or transmit any information (including without limitation Content), software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;

v. post, upload, or transmit any information, software or other material that contains a virus or other harmful component;

vi. post, upload, or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;

vii. post, upload, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters" except that you may provide promotional materials in those areas of the Site that may be designated for such purpose;

viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

x. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;

xi. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy;

xii. disguise a file type to thwart Ernie Ball's detection processes;

xiii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content submitted to the Site;

xiv. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

xv. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

xvi. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

xvii. "stalk" or otherwise harass another;

xviii. post, provide, or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or

xix. attempt to gain unauthorized access to other computer systems or networks connected to the Service.

For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Ernie Ball, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with the Site or other use that contains or is associated with information or content prohibited by this section.

26. Monitoring

Ernie Ball has no obligation to monitor the use of the Service by users. You acknowledge and agree that Ernie Ball reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Ernie Ball reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Ernie Ball's sole and absolute discretion are objectionable or in violation of this Agreement.

27. License

By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting Ernie Ball a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Ernie Ball.

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