Last Revised: May 27, 2020
SECTION 1: INTRODUCTION & ACCEPTANCE
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform. Any revisions to these Terms or changes to the Platform will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and policies and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions.
These Terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and you give us your consent to allow any of your minor dependents to use this Platform. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
SECTION 2: LICENSE TO USE THE PLATFORM
License. Subject to the terms and conditions of these Terms, Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Platform or your Account (if you have one; as defined below); (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service or Products; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; and (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data of other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue provision of our Products without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product provision.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
SECTION 3: ACTIVITIES UNDER YOUR ACCOUNT
Accuracy of Information. You do not need to register for an account on the Platform (“Account”) in order to place an order, however, you will need to register for an Account in order to get access to all features of the Platform. When you place an order or register for an Account, you will be asked to provide certain information about yourself. You represent and warrant that: (a) all required information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Your Comments. We may provide various opportunities for the users of the Platform to leave comments or reviews that may contain text, audio files, videos or photos (collectively, “Comments”). You understand that generally we do not pre-screen or monitor any Comments posted by users, which means that if you choose to share a Comment on the Platform, then it is your personal responsibility to make sure you post ethical and honest Comments. By posting information or sharing any Comment via the Platform, you agree that you will not upload, post, share or otherwise distribute any Comment that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, (ii) infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party, (iii) contains any type of unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any the Company’s employees or representatives, or (v) dishonest or misleading. Moreover, by posting your Comments on the Platform you grant the Company and Platform users the license of the right to use, display, reproduce, modify, and distribute such Comments on or outside of the Platform. We reserve the right at our sole discretion to remove any Comment that, we feel in our judgment does not comply with these Terms, along with any Comment that we feel is otherwise offensive, harmful, objectionable, misleading, or violates any third party copyrights or trademarks. If you post a Comment that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Closing Your Account. If you have not placed any order with us you may delete your Account through your Account’s settings. However, if you have placed an order with us, we may only disable your Account because we need to store your order information for accounting and legal purposes. To disable your Account, contact us at firstname.lastname@example.org. We may disable and/or delete your Account at any time if we suspect that you have violated any provisions of these Terms.
SECTION 4: DISCLAIMERS; WARRANTY; LIMITED LIABILITY
The Platform and Products are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free.
Occasionally some information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, estimated delivery times and availability.
We do not warrant that the quality of any Product will meet your expectations. Product is not a supplement or replacement for medical treatment. Consult with and obtain approval from your doctor before using any Product, especially if you have any pre-existing health conditions, injuries, or other concerns, or if you are currently taking any kind of medications. Check treated areas frequently and stop using the Product immediately if you experience any bruising, pain, or discomfort. The Product is not intended for use by children. Ensure that each Product is properly stored at all times and do not leave the device unattended. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform or our Products. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 5: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 6: RETURN/EXCHANGE POLICY
The latest information on our Return/Exchange Policy can be found here: www.thedrumgun.com/returns.
SECTION 8: INDEMNIFICATION
You agree to indemnify, defend and hold the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third-party.
SECTION 9: TERM & TERMINATION
These Terms shall come into effect on the day when you first access the Platform and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform, or when you close/delete your Account.
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and/or accordingly we may deny you access to the Platform.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
SECTION10: GENERAL PROVISIONS
Modifications. No modification or amendment to these Terms shall be binding upon Company unless in a written instrument signed/executed by a duly authorized representative of Company.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Products. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to email@example.com or to such other email addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of the State of California, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
SECTION 11: CONTACT US
Should you have any questions about these Terms, contact us at: