Terms and Conditions:
The following rules (“Terms and Conditions”) govern (a) the use of the websites located at or linked to the following URL: www.drumsonline.org (the “Sites”), (b) the sale of products or services offered on any of the Sites, and (c) the Site Content (defined below) that appears on any of the Sites. Please read the following Terms and Conditions carefully.
By using any one of the Sites, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions, including our privacy policy (the “Privacy Policy”), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing the Sites, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on the Sites as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with these conditions, you are not authorized to use the Sites.
These Terms and Conditions are a legal agreement between you and Best Drums on the Web (“Best Drums on the Web”, “us”, or “we”). These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and Best Drums on the Web regarding the subject matter hereof. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by Best Drums on the Web. Any offer by Best Drums on the Web is conditioned on your acceptance of these Terms and Conditions.
Modification to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on the Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Intellectual Property Rights of Best Drums on the Web
Each of the Sites is owned and operated by us and are © 2013, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on the Sites, as well as the selection, assembly and arrangement thereof, and includes the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Best Drums on the Web or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
The following is a list of trademarks, trade names and service marks owned by Best Drums on the Web: Best Drums on the Web™.
All other trade names, trademarks or service marks on the Sites are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited.
Accounts
Unless we allow “guest” purchases, you will need to establish an account with us to order products and services from the Sites. During the account registration process you will be asked to select a unique username and password. You are responsible for maintaining the confidentiality of the username, password and account, and are fully responsible for all activities that occur under the username and password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; and (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of Best Drums on the Web, or agent thereof. You will immediately notify us of any unauthorized use of the username, password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at info@drumsonline.org of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a username of another person with intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a username that Best Drums on the Web in its sole discretion deems offensive; and (iv) you are not a competitor of Best Drums on the Web, or an agent thereof.
Permitted Use and Restrictions
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Sites for your own personal use.
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each of our Sites. If you download, print, or retain a copy of pages of the Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Sites (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Sites (including the Site Content) to build similar or competing Sites. You may not disassemble, reverse compile or reverse engineer any software contained on the Sites. We reserve the right to modify, suspend, or discontinue the Sites or any part thereof without notice to you. Any updates to the Sites shall be subject to these Terms and Conditions.
User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers
Each of our Sites may contain (a) User Content (defined below) provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, “Third-Party Materials”). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our site, our Terms and Conditions (including our Privacy Policy) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use.
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Violation of the Terms and Conditions
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Sites, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Best Drums on the Web or another user. We will have no liability to you for any deletion of your User Content.
Acceptable Use Policy
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Sites to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) engage in any illegal activities.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites and your purchase of products or services through the Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions (including the Privacy Policy), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
Privacy
We respect and make efforts to protect the privacy of all users of the Sites. Our current Privacy Policy available at www.drumsonline.org is hereby incorporated herein by reference and made a part of the Terms and Conditions.
DMCA Policy
If you are notifying Best Drums on the Web of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
COMPANY: Best Drums on the Web
ADDRESS: P.O. Box 2192, Antioch, CA 94531
EMAIL: info@drumsonline.org
We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our Sites.
Prices; Colors; Availability
All prices listed on the Sites are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on each of the Sites may change at any time, without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the above, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
Payment Terms
For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Best Drums on the Web will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales Taxes
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
We may automatically charge and withhold the applicable sales tax for orders from or to be delivered to addresses in certain states. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Best Drums on the Web’ net income), on orders shipped to any other state or on orders shipped outside the United States.
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Shipping and Delivery
Best Drums on the Web, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
Best Drums on the Web is not responsible for products delivered to incorrect addresses supplied by the sender or unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
Order Cancellation Policy
Best Drums on the Web does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above.
Warranty and Disclaimers
Best Drums on the Web WARRANTS THAT ITS PRODUCTS WILL BE DELIVERED TO THE RECIPIENT FREE OF ANY MATERIAL DEFECTS. IF THERE IS A DEFECT IN ANY PRODUCT, Best Drums on the Web’ SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.
THE CLAIM OF A DEFECT MUST BE MADE WITHIN FOURTEEN (14) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH ITEMS.
WHILE WE ATTEMPT TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE SITES OR SITE CONTENT MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE SITES (INCLUDING THE SITE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT THE SITES (OR SITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF THE SITES (OR SITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction. If applicable law requires any warranties with respect to the products or services, all such warranties are limited to the duration of the applicable express guarantee above.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, Best Drums on the Web, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, THE SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO Best Drums on the Web FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO Best Drums on the Web IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
Basis of Bargain
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN Best Drums on the Web AND YOU. Best Drums on the Web WOULD NOT BE ABLE TO PROVIDE THE SITES (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF Best Drums on the Web’ SUPPLIERS AND SHALL APPLY REGARDLESS OF FAILURE OF THE ESSENTIAL PURPOSE OF THE TRANSACTION.
Dispute Resolution
Agreement to Arbitrate Disputes: BY ACCESSING OR USING THE SITES, YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND Best Drums on the Web ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE SITES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Best Drums on the Web will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Best Drums on the Web also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. You and Best Drums on the Web further agree that (i) for any claim of damages of less than $5,000, the arbitration shall be conducted solely based on written submissions or, if the arbitrator deems it appropriate, a telephonic hearing; and (ii) for claims of damages of $5,000 or greater, the arbitration shall be conducted solely based on written submissions and a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one shall be held in Denver, Colorado, unless all parties to the arbitration mutually agree to a different location.
Notwithstanding the foregoing, to the extent the Dispute arises from a violation of your or Best Drums on the Web’ intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts.
Governing Law: These Terms and Conditions and all Disputes shall be governed in all respects by the laws of the State of Colorado, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. Further in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under Colorado law.
Enforcement of Arbitration Award: The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions, and may be entered as a judgment in any court of competent jurisdiction.
Severability: If any portion of this “Dispute Resolution” section is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms and Conditions, and the remaining portions (including your Agreement to Arbitrate Disputes) shall remain binding on you and Best Drums on the Web.
Outside the United States
We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using any one of the Sites, you agree to indemnify and hold Best Drums on the Web, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
Severability
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Other General Provisions
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at info@drumsonline.org or write us at:
Best Drums on the Web
Attn: Customer Service
P.O. Box 2192, Antioch, CA 94531
Best Drums on the Web Privacy Policy
Information Collection and Use
Best Drums on the Web (“Best Drums on the Web”, “us”, or “we”) is the sole owner of information collected on the websites located at or linked to the following URL: www.drumsonline.org (the “Sites”). We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our customers to process orders and better serve you with pertinent information, such as order confirmations and order status updates. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card number. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your username and password remain confidential, DO NOT share this information with anyone. If you elect to receive our newsletter or special promotions, your contact information will be used for the delivery of these items.
Registration
In order to process your orders placed on the Sites, you must first complete the registration form. During registration, you will be required to provide your contact information, which includes your name, e-mail address, telephone number and street address. This information is used to provide you with important Best Drums on the Web services such as order status updates.
Order
Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use this contact information to contact you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. See the Security section below for information on security measures and procedures. We do not share your personal and financial information with any third parties, except those specified in the Sharing section of this policy.
Cookies
We customize certain Web page content based upon your browser type and other information provided by our cookie. If you choose to reject the cookie, you can still browse our store but will be unable to use the shopping cart to buy merchandise. The Best Drums on the Web shopping cart cannot function without cookies enabled so that the necessary information to process your order is retained. If you disable cookies, Best Drums on the Web will be unable to accept your online order. We will not share any personally identifiable information provided by this cookie with any third party. We will, however, link data stored in cookies to the personally identifiable information you submitted while on our site. This allows us to personalize your shopping experience and discern user preferences.
This privacy statement covers the use of cookies by Best Drums on the Web only and does not cover the use of cookies by any advertisers or other business partners on our site. We have no access to or control over these cookies.
Log Files
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information, and we do not distribute or share IP information with any third parties.
Sharing
We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
Children
Best Drums on the Web does not sell products for purchase by children. If you are under the age of 18, you may only use Best Drums on the Web in the presence of a consenting parent or guardian. We will not knowingly or intentionally collect personal information via the Internet from children under the age of 13. Best Drums on the Web is committed to protecting the welfare and privacy of children.
Links
The Sites may contain links to other sites. Please be aware that Best Drums on the Web is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by the Sites.
Security
Best Drums on the Web takes precautions to protect its customers’ information. When you submit sensitive information via the Sites, your information is protected.
When our registration/order form asks you to enter sensitive information (such as your credit card number), that information is encrypted.
All Best Drums on the Web servers, including web servers and database servers, are housed and maintained in secure locations. Access to the database is strictly monitored and protected from outside access. Internet access is restricted and protected by firewalls and password protection. The servers on which we store personally identifiable information are kept in a secured environment. All backups are stored in a secured environment. Only personnel with proper security clearance have access to these restricted areas.
All employees are kept up-to-date on our security and privacy practices.
If you have any questions or concerns about Best Drums on the Web’ security practices, you can send us an email at info@drumsonline.org .
Special Offers
Our special offers are sent only to customers who grant Best Drums on the Web permission to send them such information.
To honor the privacy of our users, we offer the option to not receive these types of communications. At the time of your order, you may opt to not receive special offers and news by clicking the appropriate field. Furthermore, all special offers sent via e-mail include an opt-out link if you no longer wish to receive special offers and news. Customers might still receive intermittent updates on products, services, specials or Best Drums on the Web news. Please reference the Choice/Opt-out section below for further details on how to be removed from our mailing list should you choose to be removed.
Correction/Updating/Reviewing Personal Information
Customers may change or review their stored account information such as street address or e-mail address through our Sites by visiting our Help section. You must have your username and password in order to access your account. In the event you forget both your username and password, please contact our customer service department for assistance.
Choice/Opt-out
For customers who wish to opt-out and stop receiving Best Drums on the Web special offers and related news, Best Drums on the Web provides several ways to do so. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by un-checking the “permission to send” field when processing their orders. They may also send e-mails to info@drumsonline.org with a request to be removed. Finally, they may use the link provided in all Best Drums on the Web communications to automatically unsubscribe.
Notification of Changes
If we decide to change our Privacy Policy, we will post those changes to this privacy statement. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.
If you have opted out of receiving communications from Best Drums on the Web, you will still be able to view news of policy changes at www.drumsonline.org . Otherwise, you may e-mail us at info@drumsonline.org to ask about changes and updates.
Last Update
The Privacy Policy contained herein became officially effective 11/1/2013.
Address:
Best Drums on the Web
P.O. Box 2192
Antioch, CA 94531