Terms of Service

Last Updated on September 21, 2023

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER FINGERSTYLE101.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of eliteguitarist.net, guitardomination.net, rockstarpublishing.co.uk, acousticasylum.com, fingerpickingfun.com, of danthorpeguitar.com, fingerstyle101.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Dan Thorpe Guitar Limited (“Dan Thorpe Acoustic Academy” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you, and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“YOU”) AND US. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY FINGERSTYLE101.COM, DAN THORPE ACOUSTIC ACADEMY, ANY ORDER YOU PLACE THROUGH THE WEBSITE OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

NAVIGATING THROUGH THESE TERMS

You can use the links below to navigate to areas of these Terms that apply specifically to you, or which may otherwise be of interest:

SECTION 1 – WEBSITE USE

The Website is intended to be operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All aspects of our Website are protected by U.K. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Dan Thorpe Acoustic Academy trademark and logo are proprietary marks of Dan Thorpe Guitar Limited, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Dan Thorpe Guitar Limited.

Subject to your continued strict compliance with these Terms, Dan Thorpe Acoustic Academy provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to Dan Thorpe Acoustic Academy you get a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the membership. You acknowledge and agree that: (1) the software is copyrighted material under United Kingdom and international copyright laws that is exclusively owned by Dan Thorpe Guitar Limited; (2) you do not acquire any ownership rights in the membership; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the membership; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Dan Thorpe Guitar Limited; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.  

You agree not to use or attempt to use the Website or any software provided by Dan Thorpe Acoustic Academy, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to  Dan Thorpe Guitar Limited. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

SECTION 3 - OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at PRIVACY POLICY. Dan Thorpe Acoustic Academy reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.

SECTION 4 - ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at sales@fingerstyle101.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 5 - REFUNDS FOR HARD GOODS

If you have purchased a “hard good” (for example, a book or other tangible product) from Dan Thorpe Guitar Limited or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):

❏ You must request a refund in writing by contacting sales@fingerstyle101.com,

❏ Your request for a refund must be made within thirty (30) days of your purchase.

❏ You must return the hard goods to Dan Thorpe Guitar Limited immediately, according to the shipping and other instructions you will receive by email after requesting a refund.

❏ The hard goods must be returned to us in like-new, or re-sellable condition, as determined by our sole, reasonable discretion

SECTION 6 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

Where we offer you a free trial of the Dan Thorpe Acoustic Academy, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of the DAN THORPE ACOUSTIC ACADEMY and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to Dan Thorpe Acoustic Academy do not qualify for a further free trial period.

We will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address sales@fingerstyle101.com, or by cancelling your free trial through your Account Dashboard, as detailed here. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full DAN THORPE ACOUSTIC ACADEMY monthly membership subscription rate provided at the time of enrolment each month until you cancel.

For monthly subscriptions (including subscriptions for services), we require at least ten 24 hours notice of cancellation by email. If you provide such notice less than 24 hours notice before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Dan Thorpe Acoustic Academy . For six-monthly and annual subscriptions, we require at least ten 7 days’ notice of cancellation by email. If you provide such notification less than seven (7) days before the first day of your next subscription period, your credit card may still be charged. If you cancel before the end of your subscription period, you will not be entitled to a refund but we will provide you with a credit towards other Dan Thorpe Guitar Limited services.

SECTION 7 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

A Dan Thorpe Acoustic Academy user is responsible for paying all sums due to Dan Thorpe Acoustic Academy in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not cancelled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Dan Thorpe Acoustic Academy user to use any of the services available through the service provided by Dan Thorpe Acoustic Academy does not relieve the Dan Thorpe Acoustic Academy user of their payment obligations under these Terms.

Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may in our sole discretion, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information.

Dan Thorpe Guitar Limited reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses.

In addition to any Fees, Dan Thorpe Acoustic Academy may also charge applicable value added or other tax.

SECTION 8 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfil your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.

SECTION 9 – AFFILIATE PROGRAM

We may offer you an opportunity to become an independent affiliate (“Affiliate”), wherein you have the opportunity to earn gifts for Dan Thorpe Acoustic Academy accounts that you refer to other users subject to your acceptance of the terms of the Dan Thorpe Acoustic Academy Affiliate agreement (the “Affiliate Agreement”). Dan Thorpe Acoustic Academy reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliates are independent contractors and are not employees or agents of  Dan Thorpe Acoustic Academy. Affiliates have no authority to act on behalf of or bind Dan Thorpe Acoustic Academy. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred.

To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly provided otherwise.

In the event you make a purchase using a Dan Thorpe Acoustic Academy Affiliate identification number, the Affiliate tied to such sale will be given your name and email address for other promotional opportunities and purposes. By making a purchase through such Affiliate link or identification number you expressly agree that your name and email address may be shared with the Affiliate.

SECTION 10 – VOLUNTARILY SUBMITTED INFORMATION

Dan Thorpe Guitar Limited is pleased to hear from users and customers and welcomes your comments regarding our services and products. Dan Thorpe Acoustic Academy may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Dan Thorpe Guitar Limited services or products, in printed and online media. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. Your results will vary depending upon a variety of factors unique to you. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant Dan Thorpe Guitar Limited a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Dan Thorpe Acoustic Academy reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Dan Thorpe Acoustic Academy shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

In the event that you voluntarily provide your mobile phone number through a website owned by  Dan Thorpe Acoustic Academy , you are consenting to receive automated and/or manual text messages from Dan Thorpe Acoustic Academy about its products, services, and upcoming events. You can withdraw your consent by responding to a  Dan Thorpe Acoustic Academy ’ text message with “STOP” at any time. This is the sole method of withdrawing consent to receiving text messages from Dan Thorpe Guitar Limited that is expressly agreed to by the parties. Standard message and data rates may apply.
  

SECTION 11 – THIRD-PARTY LINKS

The Website may contain links to other websites. Dan Thorpe Acoustic Academy assumes no responsibility for the content or functionality of any non- Dan Thorpe Acoustic Academy  website to which we provide a link. Please see our PRIVACY POLICY for more details.

SECTION 12 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Dan Thorpe Acoustic Academy or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Upon termination, you remain responsible for any outstanding payments to  Dan Thorpe Acoustic Academy .

SECTION 13 – NO WAIVER

No failure or delay on the part of Dan Thorpe Acoustic Academy in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by  Dan Thorpe Guitar Limited.

SECTION 14 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with Dan Thorpe Guitar Limited through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
 

SECTION 15 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Dan Thorpe Guitar Limited has the right to rely upon all information provided to Dan Thorpe Guitar Limited by you, and Dan Thorpe Guitar Limited may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 16 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services.

If you have any questions or inquiries concerning these Terms, you may contact Dan Thorpe Guitar Limited by email at sales@fingerstyle101.com

Questions about this highlights page or our online privacy statement may be sent to Dan Thorpe Guitar Ltd, Cradley Enterprise Centre , Maypole Fields, Halesowen, B63 2QB, United Kingdom