Get Road Worn^TM Contest
                                                                  TERMS & CONDITIONS OF USE

These Terms and Conditions of Use, together with the Privacy Policy  (collectively, this "Agreement") set forth the terms and conditions that apply to your use of the web site located at http://www.getroadworn.com and the services, contests, and materials offered thereon (collectively, the "Service") which are offered to you by Fender Musical Instruments Corporation ("Fender") and FameCast, Inc. (“FameCast”).

BY USING THIS SITE OR OTHERWISE PARTICIPATING IN ANY WAY IN THE CONTEST (AS DEFINED BELOW), YOU ARE AGREEING 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:  The Service is a computer online service that facilitates the operation of Fender’s Road Worn Competition (the “Contest”). The Contest is accessible to you through a personal computer, or other access device at www.getroadworn.com (the "Site") using a communications connection (e.g., modem or telephone line).  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. Fender has retained FameCast to assist in developing, implementing and managing the Site and to act as the administrator of the Contest.

2. Ability to Participate: You must be at least 18 years of age, and fully able and competent to enter into Agreement and abide by its terms in order to access the Site to participate in the Services or the Contest in any way. You may not submit anything to the Site, including a vote or a Contest entry, or provide any information about yourself, to Fender unless you are at least 18 years old.  Contest entries are governed by the Official Rules. 

3. Termination of Access and Participation: FENDER MAY AT ANY TIME AND FOR ANY REASON COMPLETELY DISCONTINUE THE CONTEST REGARDLESS OF HOW FAR IT MAY HAVE PROGRESSED OR ANY OTHER SERVICE AVAILABLE ON THE SITE WITHOUT NOTICE.  IN ADDITION, FENDER MAY TERMINATE YOUR ACCESS TO THE SITE AND CONTEST WITHOUT NOTICE IN THE EVENT FENDER DETERMINES THAT YOU HAVE VIOLATED THIS AGREEMENT OR THE OFFICIAL RULES IN ANY WAY.

4. Modifications to the Agreement: Fender may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement.  Material modifications will be conspicuously posted on the Site.  You agree to review the Agreement periodically to be aware of such modifications and your access or use of the Site constitutes your acceptance of the Agreement as it appears at the time of your access or use. 

5. Use and Restrictions on Use: You certify that you are an individual (i.e., not a corporation). The Site contains material that is provided by third parties or is derived in whole or in part from material supplied and owned or licensed by Fender, FameCast and other sources. Such material is protected by copyright, trademark, and other applicable laws.  Fender has no liability for any third party content that is posted or submitted on or via the Site, in connection with the Contest or otherwise, as further set forth below. 

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 videos, songs, code or software. You may, however, download content from the Service for your personal, non-commercial use solely for the purpose of the Contest, provided you keep intact all copyright and other proprietary notices.  This limited license to download for the purpose of the Contest does not transfer title to any such content to you in any way.  You agree that you will not use the Site, Contest or other Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose.

5. License to Your Content. 

By uploading files (such as entering the Contest), inputting data, or engaging in any other form of communication, such as voting in the Contest (a "Communication"), you are granting Fender (and its subcontractors) a royalty-free, fully-paid up, irrevocable, perpetual, non-exclusive, unrestricted, worldwide right and license to (i) use, copy, edit, publish, distribute, translate, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any content of such Communication in any medium and for any purpose, and (ii) sublicense to third parties the right to access your Communication and the content thereof.  No Communication shall be subject to any obligation of confidence on the part of Fender and may be posted for third parties to review and comment.

You represent that all Communications and content contained in such Communications will be original to you and that you have the right to grant the above license.  You further warrant to Fender that use of any of your Communications or content therein will not infringe the intellectual property or other proprietary rights of any third party.

6. Content on the Service.

Communications posted through the Site are provided by users such as you who are unaffiliated with Fender.  The user providing each Communication is solely responsible for the content thereof. This means that you, and not Fender, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Site. 

In using the Service, you should not assume that any third party Communications or materials have been reviewed by Fender, 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 accessing the Site, you may be exposed to Communications or other material posted by third parties that you may find offensive, indecent, or objectionable. Under no circumstances will Fender 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 Site.

Fender has no obligation to monitor the use of the Service by other users or the content of third party Communications. However, Fender reserves the right to, and may from time to time, monitor any and all Communications and other information transmitted or received through the Site.  Fender may refuse to post, or remove, any Communications or other information or materials, in whole or in part, that in Fender’s sole and absolute discretion is in violation of this Agreement, the Contest Official Rules or is otherwise objectionable.

7. Third Party Intellectual Property Rights

If you believe that your copyright in any material has been infringed by material available on this Site, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

a.    a description of the copyrighted work you claim has been infringed,
b.    a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
c.    your address, telephone number and e-mail address,
d.    a statement by you that you have a good faith belief that the disputed use is not authorized,
e.    a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
f.    a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
Fender’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:

Copyright Agent
Robyn Orsini
Fender Musical Instruments Corporation
8860 E. Chaparral Road, Suite 100
Scottsdale, Arizona 85250
 
You understand and agree that: (1) Fender assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Site by you or by any other users or third parties and (2) Fender is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

8. Official Rules:  Any Contest entry is subject to the Contest Official Rules. 

9. Voter Participation:  If you choose to participate in a Contest as a voter, you may place your vote for a Contest entry only once per calendar day.  Any attempt to circumvent this limitation or otherwise improperly influence the outcome of the Contest may lead to the disqualification of the Contest entry and termination of your access to the Site and/or Contest.  Fender 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, Fender may exclude any and all votes that it determines, in its sole discretion, were cast fraudulently.

10. Personal Information:

Should you choose to participate in the Contest as an entrant or a voter, you will be required to register with the Site and 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 Fender suspects that your information is untrue or inaccurate, not current, or incomplete, Fender may, in its sole discretion, suspend or terminate your right to access the Site and the Contest and refuse current or future access to any Services. Any personal information supplied hereunder will be subject to the terms of our Contest Privacy Policy.

11. Passwords

Should Fender provide to you a password upon successful completion of your registration, 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 Fender 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.  You may establish only one account per person and up to two accounts per computer or address to participate in the Contest.  In the event Fender discovers that you have more than one account, all accounts may be disabled and access to the Site denied.

12. Inappropriate Conduct

Inappropriate conduct or misuse of the Site will not be permitted.  You may not: 

i. restrict or inhibit any other user from using and enjoying the Service or participating in a Contest;

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 Contest entries, 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 in writing;

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 Fender's detection processes;

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

xiv. upload, post, email, transmit or otherwise make available any material 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.

Fender, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

13. Personal Safety.

When using the Site, 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.

14. 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. Fender 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.

15. Disclaimer of Warranties

THE SITE AND ALL SERVICES ON THE SITE ARE PROVIDED “AS IS,” “WHERE IS” AND “WITH ALL FAULTS.”  YOU AGREE THAT YOUR USE OF THE SITE AND PARTICIPATION IN THE CONTEST SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FENDER, FAMECAST AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, 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 OR USAGE IN TRADE.

FENDER AND FAMECAST MAKE 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 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 CONTEST SUBMISSION, 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.

FENDER AND FAMECAST DO 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 NEITHER FENDER NOR FAMECAST 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.

16. Limitation of Liability

IN NO EVENT SHALL FENDER OR ITS SUPPLIERS, INCLUDING FAMECAST, 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 PARTICIPATION IN THE CONTEST, 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, FENDER'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 FENDER OR ANY OF ITS SUPPLIERS, INCLUDING FAMECAST, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE ABOVE DISCLAIMER 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 OR CONTEST SUBMISSION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FENDER, FAMECAST, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.

SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF WARRANTY OR LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. 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 participation in the Contest or 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.

18. Indemnification

You agree to indemnify and hold harmless Fender, FameCast 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 or participation in the Contest; (c) any non-compliance by you with the terms and conditions of this Agreement or the Official Rules; 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 or participation in the Contest, including the information obtained through the Service.

19. Termination

Fender may, in its sole discretion, terminate your participation in the Contest, terminate your access or use of the Site and Service, remove and discard any Communication transmitted by you and any information stored, sent, or received via the Site from you without prior notice and for any lawful 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) misuse of the Site or Service, (iv) any violation of the terms and conditions of this Agreement or the Official Rules, or (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service.. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Fender 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 Fender and its licensors; provided, however, all rights granted by you to Fender shall continue in perpetuity as set forth above. 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.

20. Trademarks

Fender and the Fender logo, are trademarks of Fender, FameCast and the FameCast logo, are trademarks of FameCast, and all other trademarks, service marks and trade names used on the Service or in the Contest 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 Fender, FameCast or the owner of such trademark, service mark or trade name.

21. Minors

Children under the age of 18 may not participate in the Services or the Contest. At various places on the Site, we ask for the age of users. Fender 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. 

22. Child Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, Fender 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.

23. 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 FameCast from its offices within the State of Texas, United States of America and is sponsored by Fender, located in the State of Arizona, United States of America. Fender makes no representation that the Services are appropriate or available for use or participation 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.

24. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona 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 Maricopa County, Arizona, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service or participation in the Contest. 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 Fender to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Fender. 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, including the Privacy Policy  and the Contest Official Rules constitute the entire agreement of the parties with respect to the Site, the Contest and participation in the Contest, 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.