TERMS AND CONDITIONS

Terms and Conditions for www.DrumAngle.com

 

Please read this agreement carefully before using this website.  By using this website in any capacity, subscribing to the Newsletter, or registering for the All-Access Premium Membership, you agree to the terms of the DrumAngle.com Terms and Conditions document.

 

Introduction

Welcome to www.DrumAngle.com. This website is owned and operated by DRUMed Productions, LLC.  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions in their entirety, as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of September 18, 2013 and was last updated on June 24th, 2015.

We reserve the right to change this User Agreement at any time without notice. You acknowledge and agree that it is your sole responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.  Furthermore, DRUMed Productions, LLC may make changes to the information, services, products and other materials within this website, or terminate this website at any time without notice.

 

Responsible Use and Conduct

By visiting www.DrumAngle.com and accessing the information, resources, services, products, tutorials, articles, videos and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, login credentials, etc.) as part of the registration process, or as part of your ability to use the Resources.  You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources.  Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, distribute, duplicate, reproduce, sell, trade or resell our Resources in any capacity is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and you may incur criminal or civil liability for such actions. 

g. We may provide various open communication tools on our website, such as blog comments, blog posts, page comments, video comments, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.  You understand that we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content, it is your sole responsibility to use these tools in a responsible and ethical manner.  By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i). Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii). Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii). Contains any type of unauthorized or unsolicited advertising;

iv). Impersonates any person or entity, including any www.DrumAngle.com employees or representatives.

h. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks, with or without notice to the submitting party.  We are not responsible for any delay or failure in removing such content.  If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i. We do not assume any liability for any content posted by you or any other 3rd party users of our website.  Any content posted by you on this website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of DRUMed Productions, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit, both for commercial and non-commercial use.  This only refers and applies to content posted via open communication tools as described above, and does not refer to information that is provided as part of the member registration process, necessary in order to use our Resources.  All information provided as part of our member registration process is covered by our Privacy Policy.

j. You agree to indemnify and hold harmless DRUMed Productions, LLC and DrumAngle.com, along with any affiliates and their directors, officers, managers, employees, agents, third party content providers, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement.  In such event, you shall provide us with such cooperation as is requested by us.

 

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information.  Our Privacy Policy is included under the scope of this User Agreement.  To read our Privacy Policy in its entirety, click here.

 

Limited License

DRUMed Productions, LLC hereby grants USERS any access to the non-restricted content within www.DrumAngle.com. “Users” are defined as anyone who accesses the non-restricted content within www.DrumAngle.com and is NOT currently paying the All-Access Premium Membership subscription fees and as such are not granted access to the restricted content within www.DrumAngle.com.  Users accessing any content within www.DrumAngle.com acknowledge and agree to the terms of this User Agreement.

DRUMed Productions, LLC hereby grants each MEMBER a limited, non-exclusive, non-sublicensable and non-transferable license to access the restricted content available within the Premium Member areas along with any non-restricted content.  A “Member” is defined as a User who has successfully registered for the All-Access Premium Membership subscription, who has provided an approved payment method for the recurring membership fees and who is current on all membership subscription fees for the current term.  Such Members are allowed access to the restricted content areas within www.DrumAngle.com.  The Member is subject to the payment of applicable subscription fees for continued access to the restricted content contained in the Premium Member areas.  Failure to pay membership fees will result in the termination of the All-Access Premium Membership and termination of access to the restricted Premium Member areas.  Members accessing any content within www.DrumAngle.com, whether it be restricted or non-restricted content, acknowledge and agree to the terms of this User Agreement.

 

Subscription Fees, Renewals and Refunds

The restricted Premium Content available on www.DrumAngle.com is viewable only by paying Premium Member subscribers.  Such restricted content that is only available by paying Members may include any text, articles, images, audio and video within www.DrumAngle.com and my include portions of a post or page or an entire post or page.  Which content is defined as “restricted” is the sole discretion of DRUMed Productions, LLC and can be changed or modified at any time without notice.

Monthly All-Access Premium Membership:

Monthly membership subscription fees will incur based on the payment method chosen by the subscribing Member at the time of registration.  Monthly membership fees will automatically renew on a per month basis near the date of the original registration date and will continue to renew indefinitely until cancelled by the subscribing Member.  The subscribing Member can cancel at any time.  (For instructions on how to cancel your membership, visit the FAQ page and toggle open the “How do I cancel my membership?” question).  Once a Member has cancelled their Premium Membership, no more recurring payments will be made until they choose to register for the membership once again.  If there are any payment or cancellation issues, Member’s must contact PayPal for resolution.  DrumAngle.com does not store any credit card or PayPal information.  All transactions are processed exclusively by PayPal.

If your Subscription has been cancelled, you may renew at any time.  Renewals will be subject to the current membership fee.  Any promotional membership fees become invalid if a Member cancels their membership or if their membership is terminated due to non-payment or breach of the User Agreement.  Membership renewals will incur the current subscription fee upon subscription renewal.

Annual All-Access Premium Membership:

Annual membership subscription fees will incur based on the payment method chosen by the subscribing Member at the time of registration.  Annual membership fees will automatically renew annually near the date of the original registration date and will continue to renew indefinitely until cancelled by the subscribing Member.  The subscribing Member can cancel at any time.  (For instructions on how to cancel your membership, visit the FAQ page and toggle open the “How do I cancel my membership?” question).  Once a Member has cancelled their Premium Membership, no more recurring payments will be made until they choose to register for the membership once again.  If there are any payment or cancellation issues, Member’s must contact PayPal for resolution. DrumAngle.com does not store any credit card or PayPal information.  All transactions are processed exclusively by PayPal.

If your Subscription has been cancelled, you may renew at any time.  Renewals will be subject to the current membership fee.  Any promotional membership fees become invalid if a Member cancels their membership or if their membership is terminated due to non-payment or breach of the User Agreement.  Membership renewals will incur the current subscription fee upon subscription renewal.

Forced Membership Termination:

All-Access Premium Membership Subscriptions may be terminated at any time with or without notice due to non-payment of the subscription fees or breach of the User Agreement.  Upon subscription membership termination, the subscribing Member will lose access to any and all restricted Premium Member content within the website.  If a User’s membership is terminated due to non-payment, they may renew their subscription membership once a valid payment method has been authorized and approved through PayPal.  If a User’s membership is terminated due to breach of the User Agreement, it is solely up to DRUMed Productions, LLC’s discretion as to whether or not they will regain Premium Membership privileges.

In the case of non-payment, the subscribing Member’s account will be suspended and they will lose access to all member-only content.  It is the sole responsibility of the subscribing Member to provide an adequate payment method for their membership, otherwise their subscription membership will be terminated.   DRUMed Productions, LLC is not in any way responsible for disruption of access due to non-payment of the subscription fees for any reason including but not limited to:  Expired Credit Cards, Cancelled Credit Cards, Out-Dated Credit Card Information, Cancelled PayPal Accounts, Out-Dated PayPal Accounts, Invalid Payment Information or Merchant Transaction Issues.

 

Limitation of Warranties

By using www.DrumAngle.com, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

1) The use of our Resources will meet your needs or requirements.

2) The Resources will be updated on any date specified within this website or through any communication means including but not limited to:  Social media outlets, email, forums, chats, YouTube, Facebook, Twitter, etc.

3) The use of our Resources will be uninterrupted, timely, secure or free from errors.

4) The information obtained by using our Resources will be accurate or reliable, and

5) Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

6) Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

7) No information or advice, whether expressed, implied, oral or written, obtained by you from DRUMed Productions, LLC, www.DrumAngle.com, Social Media Pages including but not limited to YouTube, Facebook, Twitter and Instagram, through any communication with any administrative members associated with this website or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

8) Any and all warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights are specifically disclaimed.

9) When accessing and using any or all of this website, you do so at your own risk.

 

Limitation of Liability

You understand and acknowledge that the information and services provided within www.DrumAngle.com are intended for educational purposes only.  Use at your own risk.  

DRUMed Productions, LLC cannot guarantee nor do we claim 100% uptime for website accessibility and functionality. 

In order to maintain the best possible experience for our Users and Members, we may routinely perform regular maintenance of the systems, servers, website and content.  In doing so, www.DrumAngle.com may be inaccessible from time to time in order to perform such maintenance, with or without notice to Users and Members.    DRUMed Productions, LLC assumes no responsibility or liability for any downtime, inaccessibility or performance issues due to any maintenance being performed or any maintenance that has previously been performed and makes no guarantees as to when such maintenance will be performed or completed.

Due to conditions beyond the control of DRUMed Productions, LLC, there may be times where the entire website or portions of the website may be inaccessible or website performance may suffer to some degree.  Such conditions include, but are not limited to:  force majeure, acts of God, power outages, acts of computer hackers and others working outside the law, software/server/database issues, hosting provider issues, internet service provider issues and increased internet traffic.  The reasonable actions taken and the reasonable timeframe with regard to addressing these situations are at the sole discretion of DRUMed Productions, LLC and are dependent on the type of situation at hand.  DRUMed Productions, LLC assumes no responsibility or liability for any downtime, inaccessibility or performance issues and makes no guarantees as to when the website will be restored and accessible once again.

You acknowledge that there is no guarantee that the Resources will be updated on any date specified within this website or through any communication means including but not limited to:  Social media outlets, email, forums, chats, YouTube, Facebook, Twitter, etc.  You understand that the actual date that Resource content is updated may differ from the date specified through any social media outlets, email, forums, chats, YouTube, Facebook, Twitter, or any other communication means.  You understand and acknowledge that conditions that may cause a delay in Resources to be updated may include, but are not limited to:  force majeure, acts of God, power outages, acts of computer hackers and others working outside the law, software/server/database issues, hosting provider issues, internet service provider issues and increased internet traffic.

You understand that as a USER or as a MEMBER, you agree to hold no liability against DrumAngle.com, DRUMed Productions LLC, or any of it’s employees, owners or operators if the Resources are not updated within the timeframe stated within this website or through any communication means including but not limited to:  Social media outlets, email, forums, chats, YouTube, Facebook, Twitter, etc.

In conjunction with the Limitation of Warranties and Limitation of Liability as stated above, you agree that www.DrumAngle.com and DRUMed Productions, LLC shall not be held liable for any damages related directly or indirectly to any action or inaction you take based on the Resources, information, services or any other material provided on this website or within related social media outlets.  In addition, you expressly understand, acknowledge and agree that any claim against DrumAngle.com or DRUMed Productions, LLC shall be limited to the amount you paid, if any, for use of our products and/or services for a SINGLE term only:  Any claim related to monthly subscription memberships will be limited to the current fee for a single month only.  Any claim related to annual subscription memberships will be limited to the current fee for a single year only. 

DRUMed Productions, LLC does not warrant any result from the use of the content within this site and does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation.  DRUMed Productions, LLC will not be liable to you or any other person or entity for any direct, indirect, incidental, punitive, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation of subscription, loss of access, downtime or termination of any portion or all of the website, to the full extent that applicable limitation of liability laws apply.  Furthermore, DRUMed Productions, LLC will assume no responsibility or liability for any consequence related directly or indirectly to any action or inaction you take based on the Resources, information, services or any other material provided within or through this website or any related social media outlets.

If you do not agree with the terms of this USER AGREEMENT, it is your sole responsibility to discontinue use of this website and cancel any Premium Membership registrations.  DRUMed Productions, LLC will not be liable to you or any other person or entity for your continued use of this website in any capacity in any case where the USER or MEMBER does not agree to the terms of this User Agreement.

 

Third Party Content, Links and Products

You acknowledge that any information or links that are related to or refer to third party content providers are provided solely for the convenience of Users and Members.  DRUMed Productions, LLC assumes no responsibility for third party products, services or websites.

DRUMed Productions, LLC assumes no responsibility for the upkeep of any links to any third party websites, nor are we responsible for the content within such third party websites or the functionality of any third party websites and their related products.

Any information, links, tutorials, audio, videos, articles or any content related to third party products or services are provided solely for the convenience of the Users and Members.  DRUMed Productions, LLC does not endorse or sell any third party products nor are we affiliated in any way with any third party products or services, and any recommendations, tutorials or reviews of such products are provided solely for the convenience of Users and Members.

Anyone who chooses to use any information or recommendations related to third party products or services found on www.DrumAngle.com or through any related social media channels does so at their own risk.  Anyone who uses any suggested links to navigate to a website of any third party product or service does so at their own risk.  Anyone who chooses to make any purchase of a third party product or service through the third party’s primary website or through any retailer or reseller selling such products does so at their own risk.  Anyone who chooses to make any purchase of third party products or services as a direct or indirect result of any information, recommendations, reviews, tutorials or communication provided within www.DrumAngle.com, by any representatives of www.DrumAngle.com or through any related social media outlets, does so at their own risk.  Anyone who chooses to use any third party products or services as a direct or indirect result of any information, recommendations, reviews, tutorials or communication provided within www.DrumAngle.com, by any representatives of www.DrumAngle.com or through any related social media outlets, does so at their own risk.  DRUMed Productions, LLC will assume no responsibility or liability for any purchase decisions made for third party products or services.  DRUMed Productions, LLC will assume no responsibility or liability for any third party product or company issues that someone may experience as a result of engaging with the company in any way or using any of their products and/or websites.

Copyrights and Trademarks

Unless otherwise noted, all content and materials available on www.DrumAngle.com, including but not limited to, text, graphics, website name, source code, html code, registered and non-registered trademarks, service marks, inventions, ideas, trade secrets, images, logos, content, audio and video are the intellectual property of DRUMed Productions, LLC, and are protected by applicable copyright and trademark law.  Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this website is strictly prohibited, unless specifically authorized by DRUMed Productions, LLC.

Resources may not be reproduced or displayed on another website, book, publication or any other medium without expressed permission by DRUMed Productions, LLC.  Any reproduction or editing of the Resources on this site, in whole or in part by any means, is strictly prohibited.  This includes but is not limited to text, articles, images, logos, tutorials, reviews, audio and video.

Anyone who uses this site understands that any information provided within any communication means related to www.DrumAngle.com becomes the property of DRUMed Productions, LLC.  (This does not include any information provided for Newsletter subscriptions or Premium Member subscriptions.  This type of provided information is covered in our Privacy Policy)  As such, any User or Member who submits any website, product, service, article, audio/video improvement or content suggestion ideas for the betterment of www.DrumAngle.com and it’s related products and services, submitted through any means whether through this website, via email or through social media channels, knowingly forfeits the ownership of such ideas along with any intellectual property rights contained with such ideas and suggestions, and understand that such ideas become the property of DRUMed Productions LLC and may be used for both commercial and non-commercial purposes. 

DRUMed Production, LLC makes it known that any such suggestions and ideas provided through any means within the website including but not limited to: email, forums, blog post or page comments/replies, form responses, etc., or any means related to DrumAngle.com including but not limited to:  Facebook pages, YouTube channels, Vimeo channels, third-party forums, social-media outlets, etc., may be used for the purposes of commercial use within www.DrumAngle.com.  Furthermore, anyone who provides such ideas and suggestions understand that they will in no way receive any compensation, even if such ideas and suggestions are used commercially within www.DrumAngle.com.

DRUMed Productions, LLC cannot guarantee that all content and material appearing within www.DrumAngle.com or associated with www.DrumAngle.com is not infringing on any registered or non-registered copyrights and trademarks.  If you feel that there is any infringement on any registered or non-registered copyrights or trademarks, you may contact us at info@drumangle.com.  You also agree to hold no liability against www.DrumAngle.com or DRUMed Productions, LLC in such case, as long as the offending content is withdrawn, once the claimed copyright holder’s rights to the content is legally verified.

 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to part or all of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access and accounts and may be grounds to refer your information to appropriate law enforcement authorities.  Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information and any comments or posts you have submitted.

 

Governing Law

This website is controlled by DRUMed Productions, LLC from our offices located in the state of Nebraska, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Nebraska, by accessing our website, you agree that the statutes and laws of Nebraska, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought into the federal or state courts located in the United States.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Guarantee

UNLESS OTHERWISE EXPRESSED, DRUMed Productions, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Contact Information

If you have any questions or comments about our Terms and Conditions as outlined above, you can contact us at:

DRUMed Productions, LLC

PO Box 2506

Kearney, NE 68848

United States

info@drumangle.com