DRUMCHANNEL.COM - TERMS OF USE AGREEMENT
THE FOLLOWING CONSTITUTES A CONTRACT BETWEEN A USER (“YOU”) OF THE WEBSITE DRUMCHANNEL.COM (“THE WEBSITE” OR “THIS WEBSITE”) AND DRUM CHANNEL, L.L.C. (“US” or “WE”.) IF YOU DO NOT CONSENT TO THE CONTRACT (“TERMS OF USE” OR “THE AGREEMENT”) AS EXPLAINED HEREIN THEN DO NOT USE THIS WEBSITE.
This Website and its pages and all content thereof, the http://www.drumchannel.com domain name, and any linked websites or domains owned by Drum Channel, L.L.C. (collectively, “the Website”) are owned and operated by Drum Channel, L.L.C., a California Corporation, which establishes these Terms of Use for this Website. By visiting, registering, or using the services of this Website in any way you agree to be bound by these Terms of Use. If you do not unconditionally agree to abide by these terms, you have no right to use this Website and must discontinue use of this Website immediately. If you do not understand these terms, please contact us at support@DrumChannel.com. We will be happy to answer any questions on this Agreement.
These Terms of Use may be modified as necessary without individual notice to you. However, if we change these Terms we will post a notice on the Website to that effect. We will notify you in advance of any change affecting your account if you are signed up for monthly billing.
CLASSES OF MEMBERSHIP
Registered Members: Users wishing to have access to our
Free Classes
must complete a registration form. Registration as a general member is free. Registration requires you to provide verifiable contact information. As long as the email address you provide remains valid your user account will remain active. You may update your email address in our records at any time by logging onto the Website and editing your User Profile on the Settings page. Our Privacy Policy can be found on the "Privacy Policy" tab.
Student Members:
DrumChannel.com provides three types of student membership opportunities:
As described above, Students may take free classes from the Free Class library as long as they maintain an active membership.
Technique Class Students are required to pay a monthly fee. Payment of the monthly fee grants the user access to all classes in the Technique Class library. Fees for classes are subject to change. Users enrolled in Technique Classes shall be notified at least 30 days in advance of any increase in the monthly class fee.
Payment of a one-time fee allows students access to the entire Master Class library. Access to the Master Class remains available as long as you maintain an active user account. Problems with access to Master Class subscriptions due to inactive accounts will be addressed on a case-by-case basis. Please contact us at
support@drumchannel.com for assistance in restoring your Master Class enrollment.
Professional Members:
All users of DrumChannel.com are granted access to view the ProSpace profiles of our Professional Members. Enrollment as a Professional Member requires approval of DrumChannel, L.L.C. or its designated agent.
LIMITED LICENSE
All content on this Website is copyrighted, either by DrumChannel.com or used with permission, and may also be subject to other forms of intellectual property protection. Drum Channel, L.L.C. grants each user of this Website, including unregistered visitors, a limited non-exclusive license to view, use and retain cached copies of this Website and its content for personal use only. All rights not expressly granted herein are reserved by Drum Channel, L.L.C., its successors and assigns.
USER PROVIDED CONTENT
This Website contains material provided by our user community at the discretion of our users. We do not monitor all content uploaded to the Website. Submissions to our User Community through USERSPACE, PROSPACE, YOURCHANNEL, GROUPS, and BOARDS, as well as comments, blog posts, chat messages and other forms of interaction with the Website and with other users of the Website are subject to the standards of decency and fair play described in the Drum Channel Community Guidelines . Users who repeatedly and/or willfully violate these guidelines are subject to account termination.
In the course of using the Website, you may provide us information that we may use in connection with the Website and that we may make visible to other users. You agree that by posting, emailing, chatting or otherwise providing text, data, media, or materials (collectively, “content”) on the Website or otherwise to us in connection with the Website, you hereby grant Drum Channel, L.L.C. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right to use, copy, sell, or otherwise fully exploit such content (including all related intellectual property rights under the law) and to allow others to do so, limited only by our current Privacy Policy
Additionally, you grant Drum Channel, L.L.C. the right to excerpt, reformat, modify, create derivative works from and translate any content you provide us. You acknowledge that all information publicly posted or privately transmitted by you through the Website is your sole responsibility, or that of the person who originated the content. DrumChannel, L.L.C is not responsible for the information, opinions, claims, statements, artistic material, images, music, or other content posted on the Website by our users. User-provided content does not express the opinions of Drum Channel, L.L.C.
The Website provides the following features to assist users in avoiding inappropriate or offensive user provided content:
- Parental Controls – used correctly, Parental Controls allow a Parent/Guardian to control the profile age of their child. DrumChannel.com verifies the age of users entering areas of the Website, such as adult-only Groups, that may be inappropriate for children.
- Personal Options – these settings allow users to decline Email alerts, hide their on-line status, decline Friend requests, and decline banner advertisements.
- Take Down Requests – if you believe your intellectual property rights have been violated by any content posted by a user on this Website, please notify us using the procedure described here.
- Community Standards – Please view our Community Guidelines for more information.
USE OF BOARDS/ GROUPS
Community Guidelines can be found [].
OUR INTELLECTUAL PROPERTY
Trademarks
DRUMCHANNEL and other trademarks used throughout this Website are the registered marks of Drum Channel, L.L.C. unless otherwise indicated. Drum Channel, L.L.C. reserves all worldwide rights to its trademarks and trade dress as used on this website.
Copyrights
All content on this Website is the intellectual property of Drum Channel, L.L.C. unless otherwise indicated, and is protected as a collective work and/or compilation under U.S. copyright laws, international conventions, and copyright laws of other States. DrumChannel.com respects the intellectual property rights of others. Users of this Website hereby agree to respect the intellectual property rights of Drum Channel, L.L.C., its Website, Website users, and Professional members by honoring their copyrights, labeled or not. Users of this Website, whether registered or not, are granted a non-exclusive royalty free copyright license to view, cache and interact with the content, software, interfaces, features, images and media available on and through this Website for personal non-commercial use only, insofar as all copyright notices remain intact. Copying or storing any content from this Website in any other manner or for any other purpose is expressly forbidden without express written consent of Drum Channel, L.L.C.
Patents
This Website is subject to one or more patent applications pending in the United States and/or other jurisdictions. DrumChannel, L.L.C., its successors and assigns, hereby grant a limited, royalty-free license to users of this website to practice the invention(s) described in these patent applications.
RESTRICTIONS ON YOUR USE OF THIS WEBSITE
DRUMCHANNEL, L.L.C. RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS OR STUDENT REGISTRATIONS TO/FROM ANYONE IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE.
This Website may not be used for illegal purposes. Using this Website for any illegal purpose, including harassment, hacking, copyright violation or any violation of law is grounds for immediate termination of this Agreement and of your access to this Website. DrumChannel, L.L.C. will cooperate fully with any law enforcement organization investigating the use of this Website by any user for illegal purposes.
In registering for an account on this Website you verify that you are at least 18 years old. If you are registering for an account for a child under 18 years of age, you hereby certify that you are the parent or legal guardian of the child, and you agree to supervise the Child’s use of this Website, and to hold Drum Channel, L.L.C, its officers, directors, employees, vendors, advertisers and other affiliates harmless for any harm to or by a minor using your account.
This Website does not actively solicit or knowingly collect any personal information from anyone under the age of 13, or knowingly allow anyone under the age of 13 to register without the express consent of a parent or guardian. In the event that we learn we have inadvertently collected personal information from anyone under age 13 without parental consent, we will delete that information as quickly as possible. If you believe we might have collected information from or about anyone under the age of 13, please inform us by email at support@drumchannel.com.
Drum Channel, L.L.C. reserves the right to terminate the account of any user who violates this Terms of Use Agreement, the DRUMCHANNEL.COM Community Guidelines, or violates the intellectual property rights of others on this Website. Users agree that violation of this Agreement, the Community Guidelines, or are subject to a verified takedown notice are a breach of this Agreement and agree to forfeit access to pre-paid lesson programs and pay-per-view events.
Use of this Website by Minors
This Website is intended for use by adults and by supervised minors. Some areas of this Website are specifically intended for adult users only. DrumChannel.com uses the user’s declared birthday as stored in the User Profile to determine permissible access to adult-only areas of the Website.
DrumChannel, L.L.C. has incorporated a Parental Control option into the private profile of each registered user. To provide restricted access to the Website for children, an adult (parent or legal guardian) should first create an account using the Registration Page. For privacy, we recommend that you select a user name that is not your child’s legal name. Following creation of an account, the private User Profile page will be displayed. The adult should select “Apply Parental Control” and select a parental control password. If asked by your Web Browser to “Remember” this password, you should decline. To create a secure account for your child you should choose a Parental Control password different from your login password, and you should keep this password secret from your child. The Parent/Guardian should then ensure that the account holder’s birthday in the user profile is accurate for your child. DrumChannel.com’s Parental Controls prevent access to birthday setting, as well as your credit card information, unless the user has the Parental Control password.
DrumChannel.com’s Parental Control feature will only operate correctly if you, the Parent/Guardian, keep the Parental Control password secure from the child.
Children may use their account to upload content (such as photographs, music and video files) to our Website. Parents/Guardians, as the Primary Account Holder, agree to ensure that content their children upload is original content and does not violate the creative rights of others.
Parents/Guardians are hereby notified that in some states parents may be liable for the harm done by their children. Parents/Guardians should carefully monitor their child’s use of this Website, and of the Internet, to prevent harassment, threats or other illegal uses of this Website by their children.
Parents/Guardians should be aware that our Groups, Boards, and Userspace pages, as well as chat function associated with classes, may be unmonitored. Further, it is possible for a student to “whisper” with a teacher using the chat function so that the rest of the class cannot see or hear the questions and/or answers. Parents/Guardians should monitor their child’s use of the chat function accordingly.
We recommend that Parents/Guardians discuss online safety and privacy with their child and carefully monitor their child’s use of the Internet at all times.
PURCHASE OF GOODS THROUGH DRUMCHANNEL.COM’S ADVERTISING LINKS
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by Drum Channel and User acknowledges that Drum Channel is not responsible for the content of any such linked site or any link contained in a linked site. Drum Channel provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Drum Channel of any linked site.
OUR LINKING POLICY
We will not knowingly link this Website to any site that infringes the intellectual property rights of our professionals or others.
This Website contains intellectual property that is protected from unauthorized use, copying and dissemination by U.S. copyright, trademark, patent and other laws. In some cases this intellectual property may be protected from copying by electronic means. If you link to this Website, we require that you follow these guidelines:
Links to this Website must not damage, dilute or tarnish the goodwill associated with the Website and/or its intellectual property;
Links to this Website may not provide means to subvert the electronic copy protections installed on any intellectual property of this Website;
Links may not create the false appearance that your Website and/or organization is sponsored, endorsed by, affiliated and/or associated with Drum Channel, L.L.C.; and
Under no circumstances may you "frame" this Website or alter its intellectual property or content in any other way.
DRUM CHANNEL, L.L.C reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Website and/or these Terms of Use.
DRUM CHANNEL, L.L.C is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed, including any sponsored links, embedded advertising, or popup advertisements. Users are requested to inform Drum Channel, L.L.C of any errors or inappropriate material found on websites to which this Website is linked.
LEGAL DISCLAIMERS/LIMITATIONS ON LIABILITY
THIS WEBSITE IS OFFERED FOR USE “AS IS” – We do not guarantee that the Website will be available at all times. We do not guarantee that the Website will always be up to date. We do not guarantee that our Website will provide any given feature, program, lesson or other content at any time, including for a special streaming events or for live concerts. DrumChannel L.L.C. accepts no responsibility or liability for the availability of this Website. DrumChannel L.L.C. agrees to make reasonable efforts to provide all offered services and products. However, problems with equipment, contractual issues, availability of professional guests, problems with the Internet, technical difficulties, acts of God and other foreseeable and unforeseeable barriers may prevent the presentation of some or all advertised content. Please review your pay-per-view receipt for your right, if any, to a refund for events cancelled by DrumChannel, L.L.C.
Indemnification for Violations of Our Policies
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless DRUM CHANNEL, L.L.C, its officers, directors, affiliates, employees, agents, advertisers and any third party providers to the Website from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting or arising out of your use, misuse, or inability to use the Website, the classes, entertainment, pay-per-view or any other content on the website when you knowingly or unintentionally violate these Terms of Use, our Community Guidelines, our Privacy Policy, our intellectual property rights or the rights of others as described herein, or violate any other policies posted on or related to this Website.
DRUM CHANNEL, L.L.C MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. DRUM CHANNEL, L.L.C EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. DRUM CHANNEL, L.L.C DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. DRUM CHANNEL, L.L.C DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IN NO EVENT WILL DRUM CHANNEL, L.L.C. BE LIABLE TO A USER OF THIS WEBSITE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) ANY MISSED REMINDER OR NOTICE THE SYSTEM FAILED TO GENERATE OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF DRUM CHANNEL, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR THESE TERMS OF USE, YOU HEREBY AGREE TO A SOLE AND EXCLUSIVE REMEDY OF DISCONTINUED USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DRUM CHANNEL, L.L.C.'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
Fitness for a Particular Purpose
DRUM CHANNEL, L.L.C IS NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY PORTION OF THE INTERNET, INCLUDING OTHER WORLD WIDE WEBSITES TO WHICH THIS WEBSITE MAY BE LINKED OR FROM WHICH THIS WEBSITE MAY BE ACCESSED, INCLUDING ANY SPONSORED LINKS, EMBEDDED ADVERTISING, OR POPUP ADVERTISEMENTS. FURTHERMORE, WE ARE NOT ABLE TO CONTROL OR AFFECT THE PERFORMANCE OF WEBSITE BROWSER PLUG-IN SOFTWARE THAT MAY BE REQUIRED TO VIEW SOME CONTENT PROVIDED BY THIS WEBSITE. DRUM CHANNEL, L.L.C. IS NOT REQUIRED TO PROVIDE A REFUND TO ANY USER WHO PURCHASES PAY-PER-VIEW CONTENT AND IS UNABLE TO VIEW, ENJOY, OR FULLY ENJOY THAT CONTENT BECAUSE OF PERFORMANCE OF THE INTERNET, DELAY OF THE START OF A LIVE PERFORMANCE, UNFAVORABLE WEATHER CONDITIONS, ACTS OF GOD, PERFORMANCE OF PLUG-IN BROWSER SOFTWARE, BECAUSE OF THE USER’S OWN HARDWARE, SOFTWARE, OR INTERNET CONNECTION, AS LONG AS DRUM CHANNEL, L.L.C. MADE THE CONTENT AVAILABLE AS PER THE PURCHASE AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, SERVICE OR CONTENT BETWEEN DRUM CHANNEL, L.L.C. AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE CONSUMER RULES OF THE LOS ANGELES, CALIFORNIA REGIONAL OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION.
The User expressly agrees that Drum Channel, L.L.C. shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the User. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that Drum Channel, L.L.C. may have for damages or otherwise. The various rights and remedies of Drum Channel, L.L.C. under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement. Accordingly, if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You hereby acknowledge that Drum Channel, L.L.C. cannot and does not verify or guarantee the identity of any users you may interact with or meet through the Website. You also acknowledge that we are not responsible for the authenticity of any information that other users provide you about themselves, through their profile or otherwise. YOU ACKNOWLEDGE THAT YOUR INTERACTION WITH OTHERS THROUGH THE WEBSITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOURSELF OR ANY OTHER USER BECAUSE OF SUCH CONTACT.
– Drum Channel, L.L.C. reserves the right to intervene in any dispute occurring between users or members of the Website. However, you hereby acknowledge that we are not required to do so. You agree to be solely responsible and liable for your behavior, comments, posting and interaction with others on or through the Website. Parents granting access to the Website for a child or minor hereby agrees to be responsible for and liable the behavior, comments, posting and interaction with others on or through the Website of their child.
Our Privacy Policy limits our liability for certain disclosures of personally identifiable information. Our current Privacy Policy can be found by clicking on the Privacy Policy Tab.
This Agreement (and the rights and obligations of the parties with respect to their relationship under this Agreement) shall be governed by and construed and enforced in accordance with the laws of the State of California, United States of America, excluded its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The parties hereto consent to the jurisdiction of all federal and state courts in California. In the event any dispute arises between the parties to this Agreement related to the performance, enforcement or interpretation this Agreement, the prevailing party in any such dispute shall be entitled to recover its attorneys’ fees and costs from the other party to this Agreement.
PERSONAL USE ONLY
For all users except our Professional members, the use of this Website is granted for personal non-commercial use only. The Website is provided to the public and members for entertainment and educational purposes only.
COPYRIGHT DISPUTE/TAKE DOWN POLICY
Drum Channel, L.L.C. has adopted the following general policy toward copyright infringement in accordance with the Safe Harbor provisions of the U.S. Digital Millennium Copyright Act (DMCA)
17 U.S.C. §512, and particularly §512(c)(2). The address of Drum Channel, L.L.C.’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed below.
It is this Website’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, students or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
:
If you believe that material or content residing on or accessible through this Website infringes a copyright, please send a notice of copyright infringement containing the following information, as required by the statute, to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright (“the Complaining Party”) that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
4. Contact information for Complaining Party, including address, telephone number and, if available, email address;
5. A statement signed by Complaining Party that the person has a good faith belief that the material identified in item (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and Complaining Party is the copyright holder, or is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent
:
It is this Website’s policy to:
1. Remove or disable access to the infringing material;
2. Notify the person, user, student, member, professional, advertiser or other person or entity responsible for providing the content to the Website (“the Content Provider”) that it has removed or disabled access to the material; and
3. Notify the Content Provider that repeat offenders will have all their content removed from the Website and that we will terminate such their access to the Website, including deleting accounts, blocking access to recreation of the account, and, where applicable, the Content Provider will forfeit any remaining right to view or use pre-paid content on the Website without right of refund.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content Provider believes that the material that was removed or to which access was disabled is either not infringing, or that the Content Provider believes that it has the right to provide such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content Provider may send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content Provider or designated agent;
2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled;
3. A statement that the Content Provider has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content Provider’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the U.S. Federal Court for the judicial district in which they are located, or located outside the United States, to the jurisdiction of the U.S. District Court for the Central District of California, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we will send a copy of the counter-notice to the Complaining Party informing that person that Drum Channel, L.L.C. may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content Provider, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Drum Channel, L.L.C.’s discretion.
Our Designated Agent to Receive Notification of Claimed Infringement is
:
Mr. Don Lombardi, CEO
Copyright Infringement Officer
Drum Channel, L.L.C.
900 Del Norte Blvd.
Oxnard, CA 93030
Phone: 805-822-5382
Fax: 805-485-1029
ipviolation@drumchannel.com
This Terms of Use Agreement was last published on November 18, 2008.
Copyright © 2008, DRUM CHANNEL, L.L.C., All rights reserved.