Terms and Conditions of Use
Please read these Terms and Conditions of Use (these “Terms”) carefully. These Terms are an agreement between you (the “User” or “you”) and Drum Channel, LLC (the “Site Owner”) governing your use of and access to the Site Owner’s website, currently located at drumchannel.com (together with any successor sites thereto, the “Site”), and the information, services, products, materials, and programs offered through the Site (collectively, together with the Site, the “Online Services”) to you subject to these Terms, which may be amended as herein described. . By accessing or using the Online Services, you agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PROMPTLY EXIT THIS SITE.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS, OR OTHER COURT PROCEEDINGS.
THESE TERMS ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE ONLINE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY COMPANY, CORPORATION, PARTNERSHIP, ORGANIZATION, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH ORGANIZATION WILL NOT ACCESS, USE, OR OTHERWISE BENEFIT FROM THE ONLINE SERVICES. References to “you”, “your”, and the “User” in these Terms will refer to both the individual using the Online Services and to any such Organization.
If you have any questions regarding the Terms or the Online Services, you should contact the Site Owner at [email protected].
Services and Fees The Online Services may include information, services, products, materials, and programs accessible free of charge (the “Free Content”) and information, services, products, materials, and programs available to you subject to payment (the “Paid Content”). The Paid Content may include, without limitation, content available only with a subscription to the Site or items available to both subscribers and non-subscribers for purchase through the Site’s online store. The Site Owner reserves the right to vary the Free and Paid Content and does not guarantee either that the Free Content will remain free of or that the Paid Content will remain subject to payment. The User shall agree to pay any subscription fees (the “Fees”) at those rates in effect when such Fees are incurred. In order to pay the Fees or to make purchases through the Site’s online store, the User must provide the Site Owner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit card or debit card payment details to the Site Owner, you warrant that you are entitled to purchase the Paid Content using those payment details. In the event of an unauthorized payment, the Site Owner reserves the right to suspend or terminate the User’s access to the Online Services. If no payment authorization is received or payment authorization is subsequently cancelled, the Site Owner may immediately terminate or suspend access to the Online Services. Although the Site Owner will try to process the User’s request for any Paid Content promptly upon payment, the Site Owner does not guarantee that the Paid Content will be available to the User by any specified time. A contract between the Site Owner and the User for access to and use of Paid Content will come into effect when the User creates a Username and Password for access to Paid Content through the Site. Once the User pays the Fee for a subscription to Paid Content for a defined period of time, the User shall have sixty (60) days from the original payment date (the “Cancellation Period”) to cancel the User’s subscription to the Paid Content in order to receive reimbursement of the Fee. The User shall not have any right to receive reimbursement of the Fee after the Cancellation Period.
Limitations on Use of the Site All content and services provided by the Site Owner, including, without limitation, the Online Services, belong to the Site Owner. The Site Owner owns all of the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under these Terms. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Site Owner or its licensors or otherwise relating to the Site.
Trademark Notice The trade names, trademarks, service marks, and logos displayed through the Online Services are the property of the Site Owner or other third parties. Except when referring to the Site Owner or its products and services, you may not use Site Owner’s trade names, trademarks, service marks, or logos (including the marks listed below), or any trade name, trademark, service mark, or logo confusingly similar thereto. Nothing contained in the Online Services should be construed as granting any license or right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the applicable owner.
The following are registered and unregistered trademarks or service marks owned by the Site Owner in the United States and other countries: Drum Channel (service mark; reg. no.: 3526094), DC Drum Channel (design marks; reg. nos.: 3789113, 3603440), INSIDE RELEASE (reg. no.: 3644319), and OUTSIDE RELEASE (reg. no.: 3644320). The foregoing is a non-exhaustive list of those registered and unregistered trademarks or service marks in which Site Owner claims rights. The omission of any registered or unregistered trademark or service mark from the foregoing list shall not constitute a waiver of any intellectual property rights owned by Site Owner, and Site Owner expressly reserves all such rights.
Copyright Information Unless otherwise noted, all of the text, audio, and video content within the Online Services is the copyrighted property of Site Owner. This copyrighted material includes all writing by staff, video lessons, and some of the artwork, drawings and logos. You may print out any articles and activities for your personal use only.
Materials accessed through the Online Services may not be reproduced on another website, book, or publication without express written permission from Site Owner. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Site Owner is expressly prohibited. Site Owner also cannot guarantee that all content and material appearing in the Online Services site do not infringe on any registered or non-registered copyrights.
User Contributions If you post materials to the Online Services (e.g., through bulletin boards or chat rooms), then you agree to abide by the following rules: (1) users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, or hateful, that violates the property rights of others (including, without limitation, infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws; (2) users may not interfere with other users’ use and enjoyment of the Online Services; (3) users may not use the Online Services to conduct any activity that is illegal or that violates the rights of others; (4) users may not use the Online Services to advertise or sell products or services to others; and (5) users must immediately inform Site Owner if they have reason to believe that a user is infringing any copyrighted materials. By posting material, you represent that such material is unique to you or used with permission of the copyright holder, and you assign to Site Owner the ownership of such material. Site Owner has no responsibility for the content of any material posted by users, but Site Owner reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on the Online Services, and (ii) refuse access to the Online Services to any user that violates these Terms.
Confidential and Proprietary Information Site Owner does not want to receive confidential or proprietary information from you through the Online Services. Please note that any information or material sent to Site Owner through the Online Services will be deemed NOT to be confidential. By sending or submitting to Site Owner any information or material through the Online Services, you grant Site Owner an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Site Owner is free to use for any purpose any ideas, concepts, know-how, or techniques that you send to Site Owner.
Limitation of Liability The User expressly agrees that the use and accessing of the Online Services occur at the User’s own risk. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE SERVICES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO THE OFFERING OR THESE TERMS, INCLUDING DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES OR THIRD PARTY RESOURCES OR FROM INFORMATION MADE AVAILABLE THROUGH THE ONLINE SERVICES OR ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SITE OWNER HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SECTION TITLED “SERVICES AND FEES,” YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM.
Without limiting the foregoing, the Online Services are provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Site Owner will use reasonable efforts to include accurate and current information through the Online Services, the Site Owner makes no warranties or representations as to the accuracy or completeness of such information. The Site Owner is not responsible for any errors or omissions in, or for the results obtained from the use of, such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation, or arrangement by the Site Owner or its affiliates or any other party involved in the Online Services and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. You must make your own decisions regarding whether to rely on any information posted on or accessible through the Online Services. The Site Owner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.
From time to time, the Site Owner will make available to the User links from the Online Services to third party sites. These sites are not in any way approved, checked, edited, vetted, or endorsed by the Site Owner, and the User agrees that the Site Owner shall not be responsible or liable in any way for the content, information, advertising, products, or services available from such sites, the quality, functionality, suitability, or legality of such sites, or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named in the Online Services are at the User’s sole risk and responsibility, and the Site Owner expressly disclaims any liability for third party information or opinions posted on or accessible through the Online Services or any linked third party sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
Indemnity The User agrees to indemnify, keep indemnified, defend, and hold harmless the Site Owner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers, and licensors (collectively the “Indemnified Parties”) from and against any and all claims, damages, liability, losses, costs, and expenses (including legal fees), whether or not foreseeable or avoidable, incurred or suffered by any Indemnified Party and any claims or legal proceedings, whether brought or threatened, arising from the User’s use or accessing of, connection with, or conduct on the Online Services or any breach by the User of these Terms. The Site Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
Governing Law These Terms, your use of the Online Services, all transactions through the Online Services, and any claims arising out of or relating to the Online Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), shall be governed by the laws of the United States (including the Federal Arbitration Act) and the State of California without regard to California’s conflict of law provisions that would require the application of the laws of another jurisdiction
International Use The Online Services are controlled or operated (or both) from the United States, and are not intended to subject Site Owner to any non-U.S. jurisdiction or law. By choosing to access the Online Services from any location other than the United States, you accept full responsibility for compliance with all applicable laws. Site Owner makes no representation that materials available through the Online Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Site Owner, in its sole discretion, may limit the availability of the Online Services at any time, in whole or in part, to any person, geographic area, or jurisdiction.
You may not use, export, or re-export any materials from this Online Services in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations, and you represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Consequences of Breach of These Terms In the event that the Site Owner considers or determines, in Site Owner’s sole discretion, that the User has breached, violated, or contravened the Terms or has otherwise demonstrated inappropriate conduct in the use of the Online Services, Site Owner reserves the absolute right to: (a) warn the User that User has violated the Terms and ask the User to discontinue such conduct; (b) discontinue the User’s membership in the Online Services, including Paid Content; and (c) take measures (including terminating, suspending, or restricting the User’s use of the Online Services) to prevent the User from using or linking to the Online Services.
Entire Agreement The agreement set forth in these Terms supersedes all prior agreements, arrangements, and undertakings and constitutes the entire agreement relating to the subject matter of these Terms. You confirm that you have not entered into these Terms on the basis of any representation that is not expressly incorporated herein.
Effective as of August 1, 2020
Our Website may contain links to third party sites that are not owned or controlled by us. We do not display other websites within our own frame. If you click on a link that will take you away from our Website, we may notify you that you are leaving Drumchannel.com. Our Policy applies only to information collected by our Website. Please be aware that we are not responsible for the privacy or other practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that you visit. In addition, we are not responsible for the information practices of other organizations, such as YouTube, Facebook, Apple, Google, Microsoft, RIM, or any other app, social media platform, operating system, wireless service, or device developer, manufacturer, or provider.
What is Personally Identifiable Information (PII)? This Policy uses the term personally identifiable information (“PII”) to mean any information or combination of information that can be used to contact you or identify you as a specific individual. Some personal information may only be identifying when it is combined with other information about you. You should always carefully protect your personal information, such as: your user name and password (collectively your “digital identity”), internet protocol (“IP”) address, full name, street address, e-mail address, photograph, credit card number, phone number, age, race, gender, country, state, and city of residence, social security number or state identification number, driver’s license number, license plate or vehicle identification number, school or workplace, PIN numbers, fingerprint(s), handwriting, signature or other form of digital verification of identity.
What Information Do We Collect and How Do We Use It?
Just Browsing You may browse our Website without disclosing any personal information about yourself. Some areas of the Website will not be available to you unless you register with us by creating an account, which requires providing some PII. You may be barred from taking classes, joining our community, entering a contest, or submitting an article for publication if you do not create an account and provide the requested personal information.
User Registration You must be over 18 years of age to register to use our Website without approval of a parent or guardian. In order to take advantage of all the features of our Website, you must first complete a registration form and create a user name and password. Your user name and password will be verified each time you log into the Website. Certain public information about you, such as your IP address, will be collected when you log in to use the Website. During the registration process, you are required to give us some contact information (including your name, address, and e-mail address). Providing a phone number for contact is optional. We may use this information to contact you about your account, sale of products you have seen on our Website, and to offer you additional products and services. We require you to provide your birth date to verify that you are over 18 years of age. If you are under 18, you cannot create an account without permission of a parent or guardian, and your parent or guardian must create your account. Your parent or guardian may create an account that will have the ability to monitor your account and will be able to delete your PII at will. In order to register, you will also be required to provide some financial information, such as a credit card number to which we may bill your membership fees. You also have the option to provide us with some demographic information about yourself (such as age, gender, personal description, photograph, leisure activities, political opinions, and other demographic data); if you provide this data, we will use it to better personalize your experience on our Website.
Your User Profile We store information that we collect about you through cookies, log files, and our database to create a profile of you and your preferences (your “User Profile”). We tie your PII to information in the User Profile for accounting purposes. In addition, we may use the information in your User Profile to improve the content of the Website for you and make special offers to you for services and products.
How do we use PII? We do not share your User Profile or PII with anyone else, except certain service providers such as those used to fulfill orders from our Website store when you order merchandise. All instances of such information sharing are detailed in this Policy. We may also use information about you that we have collected from our Website to specifically gauge, control, and improve performance of our Website and to improve your experience with our products and services.
Log Files We may collect clickstream data from your use of our Website, but we only use such data to improve our Website. We do not sell clickstream data. As is true of most websites, we gather certain information automatically and store it in log files when you visit our Website. This information includes your IP addresses, browser type, internet service provider (ISP), referring/exit web pages, your computer’s operating system, and date/time stamp of your login. We use this information to analyze trends, to administer the Website, to track your movement around the Website, and to gather statistical demographic information about our overall user base. We do not link this automatically collected data to other PII.
Supplementation of Personal Information In order to provide you with certain services, such as periodic billing and sales of products, we occasionally may supplement the personal information you submitted to us with information from third party sources. For example, we may obtain: (i) Identification Verification – We may use information you provide us about yourself, including address information, to verify your identity when you use a credit card to sign up for membership, enable automatic billing, or make a credit card purchase on our Website; (b) Enhancement of Profile Information– We may purchase marketing data from third parties to better target our advertising and to provide our users with offers in which they may be interested. To enrich our customer profiles, we may tie this purchased information to the personally identifiable information you have provided to us and store this combined information in our customer database. We do not sell this data and do not share it with third parties.
Ownership of Information Drum Channel, LLC is the sole owner of all user data collected by or in association with our Website. Drum Channel, LLC keeps all user information, including any PII collected from registered users, for its sole use for the purpose of improving and promoting Drum Channel LLC’s business and Website. We may collect PII from visitors and users of our Website at several different points of engagement with the Website, as explained in this Policy.
Communications from DrumChannel.com; Communications from our Instructors Our Website provides instruction to music students through online musical instruction. On occasion, your instructor may need to communicate with you regarding assignments, your progress, class schedules, or other matters related to your instruction. Drum Channel, LLC will share your user name with your instructor when you register for classes. Our instructors do not share or sell student contact information. Further, instructors are required to restrict use of your contact information to class-related communications.
Customer Service Based upon the PII you provide us, we will send you a welcoming e-mail to verify your e-mail address, username, and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by e-mail, mail, or telephone, in accordance with your wishes.
Surveys or Contests From time to time, we may offer Drumchannel.com members or students the opportunity to participate in contests or surveys on our Website. If you participate, we will request certain PII from you, or may access that information from your User Profile, and may associate that information with your contest entry. Participation in our surveys and contests is completely voluntary, and you will have a choice whether or not to disclose your personal information for the purpose of participation therein. However, you may not be able to participate in some or all of our contests if you are unwilling to disclose your contact information. The requested information typically includes contact information (such as your full name and shipping address), and demographic information (such as your zip code). We use this information to notify contest winners and award prizes, and may use it for marketing purposes within Drum Channel, LLC. In the case of our surveys, we may use your anonymous information such as IP address as part of the survey response. This information may be combined with your user name or other PII for marketing purposes. Our surveys may be used to gather information to improve our Website or to offer you additional products and services. We may use a third-party service provider to conduct surveys or contests; such providers will be prohibited from using our users’ PII for any purpose other than conducting the surveys or contests. We will not share the PII you provide through a contest or survey with anyone unless we give you prior notice and a choice to opt out.
Special Offers and Updates We will occasionally send you information about our classes, products, services, special deals, and promotions. We may also send you promotional information on our Professionals, their events and products, items for sale on our Website and discount offers. You can sign up on our registration page to receive these e-mails from us. Out of respect for your privacy, we present the option for you to refuse to receive these types of communications. This is called the “Opt-Out” option. You may “Opt-Out” of receiving these offers as instructed on these communications.
Service-Related Announcements On rare occasions, when it is necessary to do so, we will send you announcements that are related to service on our Website. For instance, if any of our services will be suspended for maintenance, we might send you an e-mail regarding the outage. If you have registered for a class, we may send registration confirmation, announcements of changes to the class schedule, availability of the class, or the unexpected unavailability of an instructor. Finally, we may send announcements regarding the cancellation or rescheduling of interviews, performances, broadcasts or special events that you may have registered for in advance. Generally, you may not opt-out of these Service-Related announcements, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Information Sharing and Disclosure
Aggregate Demographic Information We may occasionally share aggregated demographic information (also known as “anonymous information”) about our user community with some of our advertisers, marketing professionals, and others for advertising our Website. This information does not identify individual users.
Personally Identifiable Information Except as explained in this Policy, we do not share or sell your Personally Identifiable Information (PII) with other companies.
Agents We may use a third-party shipping company to fulfill orders from our Website store. We also use a credit card processing company to bill you for the goods and services you request. We take all commercially reasonable measures to select agents for fulfillment and financial processing that agree not to retain, share, store or use PII of our users for any other purposes.
Service Providers We may use other third party companies to administer our contests and surveys, send mail to our students and users, process rebates and special offers, manage payment for our Professional members and instructors, or perform similar services for our company in relation to our Website. We will provide these third parties only the minimal amount of information they need to perform their service to our Website and user community. All third parties associated with our Website are prohibited from using your PII for any other purpose than that for which it was originally disclosed.
Other Third Parties When you sign up for lessons we will share with your first name and user ID with your instructor. We will also share information on other classes you have taken, and information about your musical experience and musical preferences, as you have disclosed to us. This information may provide the instructor with enough information to identify you and review your personal web page within our Website. Instructors are prohibited from using any information about students we provide for any purpose other than for teaching class. If you believe an instructor has misused your contact information for any reason, please notify us at: [email protected].
Legally Required Disclosures We reserve the right to disclose your PII as required by law, such as when we receive a subpoena or other court order to do so. We may also disclose your information to legal authorities if we believe that disclosure is necessary to protect our rights.
Use of Bulletin Boards/Chat Rooms If you use a bulletin board, chat room, or enter a group discussion on our Website, you should be aware that any personally identifiable information (PII) you post there can be read and used by other users and could be used to send you unsolicited messages or otherwise violate your privacy. We are not responsible for the PII you choose to disclose in these forums.
Your Access to Your Personally Identifiable Information If your PII changes, or if you no longer desire our service, you may correct or update your information by making the change on our member information page. If you wish to cancel your membership, e-mail us at [email protected].
Special Information for Parents Accounts may only be created by those 18 years of age or older. Our Parental Controls give the account owner complete control over the personal information we store for a child member, including the child’s ability to change that information. We advise parents to protect their family’s PII on our Website by following these principles:
- Parents are advised to keep their account password secure and secret.
- Parents may review and delete any information a child puts into a user profile, and may prevent a child from changing information such as child’s age.
Our Security Policy The security of your personal information is important to us. Our security policy provides rules and technical measures to protect your PII from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. Our Website keeps all PII stored securely behind a firewall. When you enter sensitive information (such as a credit card number) on our registration and order forms, we encrypt that information using secure socket layer technology (SSL) or Transport Layer Security (TLS). You will know SSL/TLS is enabled if you see a padlock on the task bar (in Windows) or near the window minimize and maximize buttons (on a Mac). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, including conforming to the PCI industry security standard for protecting financial information. No method of transmission over the Internet, or method of electronic storage, is 100% secure; therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can e-mail us at [email protected].
Business Transitions In the event Drum Channel, LLC goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your PII will likely be among the assets transferred. You will be notified via a prominent notice on our Website for thirty (30) days in advance of any such change in ownership or control of your personal information.
If You Think Your Privacy Has Been Violated If you think your privacy has been violated by our Website, you may contact us at: Drum Channel, LLC 900 Del Norte Blvd. Oxnard, CA 93030 (866) 439-7924 [email protected].