Terms of Use

MONIKER CUSTOM GUITARS TERMS OF USE

Welcome to the Moniker Guitars website (”Site”) where you can create your guitar online. Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site means that you agree to these rules. We may from time to time change these rules. Your use of our Site following any such change means that you agree to the rules as changed.

SITE CONTENTS

All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Moniker Guitars, LLC (the “Company”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by the Company. Moniker and all related trademarks appearing at this Site are trademarks of the Company.The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

INTELLECTUAL PROPERTY

All intellectual property on the website is owned by Moniker Guitars LLC or its licensors unless otherwise indicated. This includes materials protected by copyright, trademark, or patent laws. The content in the website, including, but not limited to, text, graphics or code is a collective work under the United States and other copyright laws; All rights reserved. All trademarks, service marks and trade names are trademarks or registered trademarks of Moniker Guitars LLC. Unless otherwise restricted, you may use the content of the website only for your own non-commercial use to place an order or to purchase Moniker Guitars products. Any other use is prohibited unless agreed to by Moniker in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.User Comments, Feedback, Postcards and Other SubmissionsAll comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Moniker on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Moniker’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Moniker of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Moniker will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Moniker Guitars is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are solely responsible for the content of any Comments you make.You agree that Moniker Guitars may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Please see our Privacy Policy for additional details.

PRODUCT INFORMATION

The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. At this time, online sales are restricted to the United States only. Please call for international orders.

COLORS AND PRODUCT IMAGES

When you design your guitar online through monikerguitars.com you will be choosing colors for your instrument. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. In addition, certain product images are illustrations and therefore may vary slightly from the actual product.

RETURN POLICY

We will accept returns on guitars for a period of 7 days from the time the guitar is delivered to the customer. Please email us at info@monikerguitars.com to arrange a return. The customer is responsible for the cost of return shipping. If a custom product is damaged upon delivery to the customer we will happily replace or repair the product without charge if it is returned to us within 10 days of receipt by the customer.

Orders cancelled before they are completed are subject to a $100 restocking fee to cover the cost of returning parts and materials ordered specifically for your build.

Non-customizable products may be returned within 20 days of arrival of the order via mail provided there is no evidence of use of the product by the customer, in which case a full refund or exchange will be issued.

LINKS TO OTHER WEBSITES AND SERVICES

This Site may contain links to outside services and resources, the availability and content of which Moniker Guitars does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MONIKER GUITARS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Limitation of Liability – Moniker Guitars shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Moniker Guitars has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification – You agree to defend, indemnify, and hold Moniker Guitars harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Miscellaneous – This Site is controlled by Moniker Guitars from its offices in Austin, Texas. This Agreement shall be construed in accordance with the laws of the state of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the state of Texas.

Termination – This Agreement is effective unless and until terminated by either you or Moniker Guitars. Either of us may terminate this Agreement at any time without notice.