Terms of Service

These Terms and Conditions (the "Terms"), are a legal agreement between Drumchattr ("Drumchattr" or "we") and users ("Users" or "you") of Drumchattr.com and its subdomains (collectively, the "Site"). In consideration of using and accessing the Site and the other promises and obligations contained herein, you agree to these Terms and understand and acknowledge that you are bound by the following provisions. If you do not agree to these Terms, do not access or use the Site.

I. Agreement.

You acknowledge and agree that your access to and use of the Site is subject these Terms (as such Terms may be modified from time to time as provided for herein). Drumchattr shall have the right at any time and without prior notice, at its sole discretion, to amend and revise these Terms or to impose new terms and conditions with respect to access to or use of the Site (the "Modified Terms"). The Modified Terms shall be effective upon its posting on the Site. Each User is responsible for visiting the Site periodically to review the Terms. Any access or use of the Site by you after the posting the Modified Terms (and, if applicable, any notice relating to the Modified Terms) shall constitute your agreement to the Modified Terms.

II. Generally.

Drumchattr exists to make current percussion information and news easily accessible to users and to provide the users with an open channel for communication. Through this, Drumchattr hopes to foster a community which furthers the art of percussion through the open exchange of ideas.

III. Use of Site.

(a) License to Use. Subject to your compliance with these Terms, Drumchattr hereby grants you a revocable license to access and use the Site for your personal and noncommercial use. You acknowledge that the Site uses usernames and passwords to enable access to the Site and that you should only have the right to use a single username and password that you designate and identify to Drumchattr. As a condition for using the Site and receiving a password, the User shall provide Drumchattr with accurate and updated registration information, including Userʼs e-mail address. Drumchattr reserves the right to refuse registration of, or cancel use of the site by, any User, as determined by Drumchattrʼs sole discretion. Each User is solely responsible for any use of or action taken under a User's password and accepts full responsibility for all activity conducted through User's account and hereby releases Drumchattr from any and all liability concerning such activity.

(b) Age Restriction. Only individuals thirteen (13) years of age and older are authorized to access the Site and by accessing and using the Site you warrant and represent that you are at least thirteen (13) years of age.

(c) Automated Access. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site.

(d) Third Party Websites. Users may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control on Drumchattr. Drumchattr makes no representation or warranty about any third party site that is linked to the Site and Drumchattr does not endorse any product or service offered on any such third party site.

Drumchattr hereby disclaims: (a) all responsibility and liability for any content displayed on third party websites; (b) all responsibility and liability for any services or goods sold on third party websites or any actions by such third party on its website relating to any goods or services sold thereon; and (c) any representation as to the security for any information you might be requested to provide any third party, and you hereby irrevocably waive any claim against Drumchattr with respect to such third party websites and third party content.

IV. Site Content.

(a) Submission of User Content.

(i) By contributing or submitting any text, files, images, materials, information, ideas, suggestions, ratings,reviews, recommendations or other content to Drumchattr (whether through its posting on the Site or otherwise), (collectively, the "User Content"), you warrant and represent that you are the owner of all intellectual property and proprietary rights in such User Content (or you otherwise have the right to grant the license set forth in this Section IV to the User Consent), and you grant Drumchattr (and our licensees, distributors, affiliates, partners, agents, representatives and other authorized users) a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use,alter and distribute through any medium or technology (whether now known or hereinafter developed) without compensation to you, without obtaining your permission or providing attribution, and for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes. In addition, you warrant that all "moral rights" that you may have in such User Content have been voluntarily waived by you, and you agree that the license in this paragraph includes, without limitation, the right for Drumchattr, its affiliates and partners to use any name, likeness, image and other identifying characteristics that are embodied or incorporated into any User Content and which shall be considered part thereof for the purposes of these Terms. None of the User Content shall be subject to any obligation of confidence on the part of Drumchattr or any third party. After posting your User Content on the Site, you shall continue to retain all ownership rights in such User Content and you shall continue to use your User Content in any way you choose. You agree that any User Content you provide is not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. Drumchattr has the right to use this content in public forums or articles and in Drumchattr Content.

(ii) You acknowledge that you are solely responsible for all User Content that you post on or disseminate through the Site, including all materials and information transmitted to other Users of the Site. You acknowledge and agree that all User Content, including without limitation, any recommendations and reviews will be accessible by other Users. Drumchattr does not always screen User Content in advance and is not responsible for screening or monitoring information or material posted by Users or any other person or entity. Drumchattr reserves the right to, from time to time, refuse, move, remove, change, condense or delete any User Content on the Site at Drumchattrʼs sole discretion for any reason. Drumchattr reserves the right (but is not obligated) to remove User Content that is abusive, illegal, disruptive or that otherwise fails to conform with these Terms and/or to edit or delete any User Content, regardless of whether such content violates these Terms. Drumchattr reserves the right (but is not obligated) to monitor, edit, disclose or record any User Content for adherence to these Terms. Drumchattr may exercise these rights if required, in the course of normal operations and maintenance of the Site, or by law or in the good faith belief that such action is necessary to: (i) comply with the law or with legal process served; or (ii) protect and defend the rights of Users, Drumchattr, or others. Drumchattr has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.

(iii) You agree that you shall not post, publish, submit or otherwise disseminate any User Content or other information through the site: (a) that is known by you to be false, inaccurate or misleading (including, without limitation, creating a fictitious account with false information); (b) that violates, infringes or misappropriates any third party's copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right; (c) that violates any law, statute, regulation, rule or ordinance; (d) that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language; (e) for which you were compensated or granted any consideration by any third party; (f) that contains any computer viruses, worms or other potentially damaging computer programs or files; (g) harasses or advocates harassment of another person; (h) exploits people in a sexual or violent manner; (i) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimmins," or "spamming"; (j) solicits passwords or personal identifying information for commercial or unlawful purposes for other users; or (k) includes any information or photograph of another person without such person's consent. You acknowledge and agree that you will be subject to criminal and civil penalties if you post or upload any user content that is copyrighted or contains any proprietary rights of a third party.

(b) Drumchattr Content.

The Site (and the services offered by Drumchattr on the Site) contains certain information, materials, files or content of Drumchattr (collectively "Drumchattr Content"). No Drumchattr Content comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior consent of Drumchattr. The Site and the Drumchattr Content found therein are the property of Drumchattr and its licensors and are protected by copyright laws and international treaty provisions. You acknowledge that Drumchattr or its licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Drumchattr Content.

(c) Assumption of Risk.

While using the Site, you may be exposed to Content that you find offensive, indecent, profane, objectionable or inaccurate, and you bear all risks associated with your access to or use of such Content. We have the right, but not the obligation, to remove any Content that may (in our sole discretion) violate these Terms or that we may otherwise decide should be removed from the Site (in our sole discretion).

V. Conduct.

Drumchattr cannot and does not assure that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. However, it is acknowledged and agreed that it shall be a violation of these Terms to use any Content obtained from this Site to abuse or harm another third party or to contact, advertise to, solicit or sell to any User without the prior written consent of such User.

VI. Privacy.

Drumchattr will not offer or sell your information to any third party for their use, but does not guarantee that a third party will not obtain usersʼ public information from any profiles contain with site. Drumchattr may contact you directly through any means they deem necessary. Drumchattr reserves the right to use optional, user-provided demographic information for whatever reasons we see fit. Drumchattr shall have the right at any time and without prior notice, at its sole discretion, to amend and revise this Privacy Policy. The Modified Privacy Policy shall be effective upon its posting on the Site. Each User is responsible for visiting the Site periodically to review the Privacy Policy. Any access or use of the Site by you after the posting the Modified Privacy Policy shall constitute your agreement to the Modified Terms.

VII. Release.

We do not guarantee that the site will be safe or secure. We are not responsible fore the actions or content of third parties. The user hereby disclaims, waives, and releases the Site and agrees not to sue Drumchattr for any and all claims, causes of action, judgements, injury, loss, damages, expenses and demands which may arise in connection with your use of, reliance on, or reference to the site.

VIII. Termination.

You may terminate your membership and use of the Site at any time by contacting contact@drumchattr.com. Further, your right to access and use the Site will automatically terminate without notice, if you breach any provision of these Terms. You agree that Drumchattr may terminate your use of this Site, remove any User Content submitted by you and/or exercise any other remedy available to it if Drumchattr believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Drumchattr, or any third party, or for any reason with or without notice to you. Drumchattr reserves the right to terminate your account or discontinue the service or any portion or feature thereof for any or no reason at anytime at Drumchattrʼs sole discretion. You agree that Drumchattr will not be liable to you or any third party as a result of such modification or discontinuation.

IX. Copyright Complaints.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. Please contact us at contact@drumchattr.com to make us aware of any possible infringements and we will promptly investigate the alleged infringement.