Terms & Conditions
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement (in which event, “You” and “Your” will refer to that individual). If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services and should immediately cease use of our Services. If these terms and conditions are considered an offer by Practice Drumming, LLC, acceptance is expressly limited to these terms.
YOU MUST BE 18 OR OLDER TO SIGN UP FOR AN ACCOUNT. IF YOU ARE UNDER 18 YOUR ACCOUNT MUST BE APPROVED BY AND REGISTERED AS A PARENT OR LEGAL GUARDIAN 18 OR ABOVE. PD LLC AND FREEDRUMMINGONLINE.COM DOES NOT KNOWINGLY COLLECT INFORMATION FROM ANYONE UNDER 18. DO NOT PROVIDE ANY INFORMATION IN ANY FORM ON THE ACCOUNT/PROFILE OR ANYWHERE ELSE ON FREEDRUMMINGONLINE.COM OF AN INDIVIDUAL UNDER 18.
Use of our Services may require a freedrummingonline.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
As part of the registration or the account creation process, you will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, and full name, may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to you. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating your account. Specifically, you agree that you will not
* (i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
* (ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license to any third party, or use the Content, or any license, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of your login credentials. We reserve the right to terminate or suspend your access to the Services if you share your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
PD LLC may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your freedrummingonline.com account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content on Linked Websites.
By linking to a non-freedrummingonline.com website, PD LLC does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PD LLC disclaims any responsibility for any harm resulting from your use of non-freedrummingonline.com websites and webpages.
This Agreement does not transfer from PD LLC to you any PD LLC or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with PD LLC. PD LLC, freedrummingonline.com, the Practice Drumming logo, and all other trademarks, service marks, graphics and logos used in connection with Practice Drumming or our Services, are trademarks or registered trademarks of PD LLC or PD LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any PD LLC or third-party trademarks.
Copyright Infringement and DMCA Policy.
As PD LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by practicedruming.com violates your copyright, you are encouraged to notify PD LLC. PD LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PD LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PD LLC or others. In the case of such termination, PD LLC will have no obligation to provide a refund of any amounts previously paid to PD LLC.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Disclaimer of Warranties.
Our Services are provided “as is.” PD LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PD LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal.
Limitation of Liability.
In no event will PD LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PD LLC under this agreement during the twelve (12) month period prior to the cause of action. PD LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and PD LLC reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless PD LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between PD LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PD LLC, or by the posting by PD LLC of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PD LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.