Fender Play Terms of Use – Fender Play

Fender Play Terms of Service

Welcome to Fender Play (“Fender Play”). Fender Musical Instruments Corporation and all of its affiliates and subsidiaries (“Fender” or “us” or “we” or “Company”) maintain Fender Play. We are a subscription service that provides our members with access to online musical instrument lessons (“Fender Play Content”) streamed over the Internet. By accessing or using Fender Play, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference. If you do not agree to the following Terms of Use, do not access or use Fender Play.

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on Fender Play. Material changes will be posted conspicuously on Fender Play. By accessing Fender Play, following posting of changes to the Terms of Use, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

By accessing and using Fender Play, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights

Fender Play and any content viewed through Fender Play are strictly for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access Fender Play. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You are hereby prohibited from using Fender Play for public performances.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on Fender Play are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of Fender Play also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout Fender Play. Fender Play may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

FENDER®, STRATOCASTER®, STRAT®, TELECASTER®, TELE®, P BASS®, PRECISION BASS® and the distinctive headstock designs of these guitars are registered trademarks of Fender. Also, FENDER PLAY™, FENDER TONE™, and FENDER TUNE™ are registered trademarks of Fender.

BANDMASTER, BASSMAN, BULLET, CHAMP, DELUXE REVERB, DURA-TONE, ESQUIRE, Stylized F (in Thick & Thin Script), FENDER (standard and in Stylized Thick & Thin Script), FRONTMAN, the two dimensional guitar headstock profiles commonly found on FENDER TELECASTER, STRATOCASTER, PRECISION BASS and JAZZ BASS electric guitars, J BASS, JAG-STANG, JAGUAR, JAZZ BASS, JAZZMASTER, MUSTANG, NOCASTER, P BASS, PASSPORT, PRECISION BASS, PRINCETON, RELIC, ROAD WORN, SFX, SHOWMAN, SHOWMASTER, SQUIER, STARCASTER, STRAT, STRATOCASTER, SUNN, SUPER BULLETS, SUPER REVERB, TELE, TELECASTER, THE SPIRIT OF ROCK-N-ROLL, TONE MASTER, TWIN REVERB, VIBRO CHAMP, VIBRO-KING, and

VIBROLUX are the trademarks of Fender that may appear in Fender Play and that are registered in one or several categories of goods with the United States Patent & Trademark Office. Some of the aforementioned trademarks may be registered in one or several categories of goods in certain other countries. This is not a comprehensive list of all trademarks of Fender and specifically does not include any common law trademarks of Fender. All other names and marks mentioned in Fender Play are the trade names, trademarks or service marks of their respective owners.

NOTICE REGARDING USE OF HISTORIC PATENT NUMBERS/MARKINGS: Fender is proud to offer some of the most iconic musical instruments and amplifiers of the past 60 years. Some Fender products are intentional recreations or reissues of vintage guitars and amplifiers, and may therefore incorporate markings or text associated with original patents that have since expired. Specific examples of such models include patent numbers on the tremolo plates and decals of the JAGUAR® and JAZZMASTER® guitars, "Pat Pending" on some vintage TELECASTER® guitar bridge plates, and "Design and Circuits Patented" language on the control panels of certain model amplifiers in Fender Vintage Modified, Vintage Reissue and Custom lines. Such markings are included only for the sake of historical accuracy, and are not intended to denote or imply live patents or ongoing patent protection.

Should any user of Fender Play send any feedback or data, such as ideas, comments, suggestions or

questions regarding any Company product or service or the content of Fender Play, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please write:

Fender Musical Instruments Corporation Attn: Legal

1575 N. Gower Street, Suite 170 Los Angeles, CA 90028

Use of Fender Play

You must be 16 years of age, or the age of majority in your province, territory or country, to become a member of Fender Play. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian. The use of any Fender Play Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Fender or any third party, except as expressly provided herein. Fender Play may be accessed by users internationally and may contain references or cross references to Fender products, programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Fender reserve the right without prior notice to discontinue products, programs or services or change specifications at any time without incurring any obligations to any party. Access to Fender Play may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of Fender Play constitutes consent to such monitoring. Fender Play may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
You agree to use Fender Play in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through Fender Play without express written permission from Fender and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or

thwart any of the content protections in Fender Play service; use any robot, spider, scraper or other

automated means to access Fender Play; decompile, reverse engineer or disassemble any software or other products or processes accessible through Fender Play; insert any code or product or manipulate the Fender Play Content in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Fender Play, including any software viruses or any other computer code, files or programs.

Third-Party Websites

Fender Play may link to, or be linked to, other websites not maintained by or related to Fender. All links are provided only as a service to our visitors. Fender is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on Fender Play. Fender has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

FENDER PLAY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF FENDER DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF FENDER. FENDER DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF FENDER DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH FENDER PLAY MAY BE LINKED OR FROM WHICH FENDER PLAY MAY BE ACCESSED.

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on Fender Play (including recorded interviews) are solely the views of such third party and Fender assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Your Account

If you choose to register with Fender Play, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Fender by e-mail to support@fenderdigital.com. You are solely responsible for your own losses and losses incurred by Fender and others (including other users) due to any unauthorized use of your account.

Online Membership

Current Membership. Your Fender Play membership, which may start with a free trial, will continue as follows for each of the below subscription options. You may terminate your membership at any time during this free trial. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Fender Play service.
1. Monthly Subscription – Your Fender Play membership will continue month-to-month and automatically renew each month unless and until you cancel your membership or we terminate it. Upon expiration of the 14-day trial period, your credit card will be charged the monthly fee of $9.99. Your monthly subscription shall automatically renew for an additional month for $9.99, unless you cancel prior to the end of the current month.
2. 6 Month Subscription – 6 Month Subscription – Your Fender Play membership will be for six (6) months and will automatically renew for additional six (6) month periods unless and until you cancel your membership or we terminate it. We will bill the six (6) month membership fee to your Payment Method. You must cancel your membership before it renews every six (6) months in order to avoid billing of the next six (6) month membership fee to your Payment Method.
3. 12 Month Subscription – Your Fender Play membership will be for twelve (12) months and will automatically renew for additional twelve (12) month periods unless and until you cancel your membership or we terminate it. Upon expiration of the 14-day trial period, your credit card will be charged the annual $89.99 subscription fee. Your annual subscription shall automatically renew for an additional 12 months for $89.99, unless you cancel prior to the end of your current 12-month term.
Diﬀerent Types of Membership. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any terms that differs from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Fender Play by visiting our website and clicking on the "Your Account" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Prepaid Gift Cards

The terms and conditions of Fender Digital, LLC (“Fender”) Fender Play pre-paid subscription (“Gift Cards”) are subject to change at any time. Gift Cards may only be redeemed toward the purchase of eligible services provided by Fender on www.Fender.com/play. Further Gift Card Terms and Conditions may be found at

Gift Card Membership.

Your Fender Play Prepaid Gift Card membership, which may start with a free trial, will continue as follows for each of the below subscription options. You may terminate your membership at any time during this free trial. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Fender Play service.
1. 6 Month Subscription – Your Fender Play membership will be for six (6) months and will automatically renew for additional six (6) month periods unless and until you cancel your membership or we terminate it. We will bill the six (6) month membership fee to your Payment Method. You must cancel your membership before it renews every six (6) months in order to avoid billing of the next six (6) month membership fee to your Payment Method.
2. 12 Month Subscription – Your Fender Play membership will be for twelve (12) months and will automatically renew for additional twelve (12) month periods unless and until you cancel your membership or we terminate it. We will bill the twelve (12) month membership fee to your Payment Method. You must cancel your membership before it renews every twelve (12) months in order to avoid billing of the next twelve (12) month membership fee to your Payment Method.

Free Trials

Your Fender Play membership may start with a free trial. The free trial period will vary depending on the then current promotion and will be specified in the terms of the free trial promotion. You may terminate your membership at any time during this free trial. For combinations with other offers, restrictions may apply. Free trials are intended for new members and, under certain circumstances, former members. Fender hereby reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly, 6-Month or 12-Month membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly, six (6) month, or every twelve (12) months unless you cancel prior to the end of the free trial period. Members details can be viewed on “Your Account” page.

CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY FENDER PLAY WEB PAGE (https://www.fender.com/play) TO FIND CANCELLATION INSTRUCTIONS. Your Payment Method will continue to be billed on a monthly basis until you cancel.

Billing

Recurring Billing. By signing up for a Fender Play membership and providing a Payment Method, you hereby authorize Fender to charge you a monthly, six (6) month, or twelve (12) month membership fee at the then current rate and any other applicable charges relating to your use of the Fender Play service, including taxes or transaction fees, to your Payment Method. The amount you will be billed each month, six (6) months, or every twelve (12) months may vary accordingly due to promotional offers, changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.
Membership Fee Changes. Fender reserves the right to adjust membership fee pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Membership fee price changes will take effect following an email notification to you.
Billing Cycle. The membership fee will be billed at the beginning of the paying portion of your membership and continue each month, six (6) months, or every twelve (12) months thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month, six (6) months, or every twelve (12) months on the calendar day corresponding to the commencement of your paying membership. Fender reserves the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
No Refunds. ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion of Fender and shall be provided on a non-precedential basis.
Payment Methods. Your Payment Method information may be edited by visiting our website and clicking on the "Your Account" link. You remain responsible for any uncollected amounts as a result of unsettled payments and you hereby authorize Fender to continue billing the Payment Method.
Cancellation. You may cancel your Fender Play membership at any time. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

Gifts and Promotions

Gift cards for the Fender Play service may be available for purchase at Fender website properties or third- party retail outlets and websites, which can be redeemed on our website at https://www.fender.com/redeem. The purchase and redemption of gift cards are subject to the gift terms (www.fender.com/pages/terms-playcard). From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion or Fender promotions. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Fender Play in its sole discretion. Note: if you received a promotional code from a third-party, additional terms and conditions may apply.

No Warranty

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Fender on Fender Play, but Fender is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on Fender Play, the websites of any Fender dealer or distributor or any other website. Information and related materials are subject to

change without notice. Fender Play and all information and related materials it contains are provided "AS IS." Fender does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of Fender Play or any material, information or data obtained through Fender Play; (2) the results that may be obtained from the use of Fender Play or the use of material, information or data obtained from Fender Play; (3) that use of Fender Play or any materials on Fender Play will meet any users requirements; (4) that access to the Fender Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through Fender Play will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Fender has no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. By using Fender Play, you assume the risk that the information and materials on Fender Play may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. FENDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO FENDER PLAY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.

You acknowledge and agree (1) that your use of Fender Play and any material, information or data obtained through the use of Fender Play is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering Fender Play or its content will be liable to users of Fender Play for any damage resulting from use of Fender Play or use of material, information or data downloaded or otherwise obtained from Fender Play, nor are such parties in any way responsible for the conduct of users of Fender Play or for information posted or exchanged on Fender Play.

No advice or information, whether oral or written, obtained by you from Fender or in any manner from Fender Play creates any warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT

ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

No Liability

In no event will Fender or any of its oﬀicers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or

performance of Fender Play or any linked website or to any material, information, data, products, or services obtained through Fender Play, or otherwise arising out of your use of Fender Play, your inability to use Fender Play or any decision made or action taken by you in reliance of any information, advice or materials provided on Fender Play, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Fender has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Fender.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Arbitration

You and Fender agree that any dispute, claim or controversy arising out of or relating in any way to the Fender Play service or these Terms of Use shall be determined by binding arbitration. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use and that you and Fender Play are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Fender Play membership.

If you elect to seek arbitration you must first send to Fender, by certified mail, a written Notice of your claim ("Notice"). The Notice to Fender must be addressed to: General Counsel, Fender Musical Instruments Corporation, 1575 N. Gower Street, Los Angeles, CA 90028 ("Notice Address"). If Fender initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Fender, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Fender and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fender Play may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Arbitration shall take place in Los Angeles, California.

YOU AND FENDER PLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Miscellaneous

You agree to indemnify, defend and hold harmless Fender, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of Fender Play, your use of any material, information or data downloaded or otherwise obtained from Fender Play, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Fender or any other person or entity.

By your access or use of Fender Play, you agree to these Terms of Use. These Terms of Use, together with the Fender Privacy Policy, constitute the entire agreement between you and Fender with respect to your access and use of Fender Play. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Fender. These Terms of Use will inure to the benefit of Fender’s successors and assigns.

Communications Preferences

By using the Fender Play service, you consent to receiving electronic communications from Fender Play relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Fender Play service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Fender Play. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Fender Play features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply log in to your Fender Connect account and go to the "Communication settings" link on the "Your Account" page of our website (https://www.fender.com/profile/info) to manage your Fender Play communications. Please review our Privacy Statement for further detail on our marketing communications.

If you have any questions or concerns regarding these Terms of Use, please contact us at: Fender Musical Instruments Corporation

Attn: Legal

1575 N. Gower Street, Suite 170

Los Angeles, CA 90028

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