Terms Of Use
Welcome to Dave Drums! We are excited to help you on your musical journey.
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.davedrums.com.au website and/or the Dave Drums Online Platform (the "Service") operated by David D'Amore, trading as Dave Drums ABN 45782652688 (“Dave Drums”, “us”, "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service either through the website or mobile application.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Eligibility
You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service registration process. You are responsible for your own personal account activity, and you agree to notify Dave Drums if you suspect any unauthorized activity.
By signing up for a subscription to the Service, you agree to pay the listed price at the chosen interval indefinitely until you contact us to cancel your subscription. To request a cancellation, please contact us. Once you choose to cancel your subscription, you will continue to have access to your subscription portion of the Service until the end of your paid billing cycle. We do not offer refunds for the Service and all processed payments are final.
License to Use Services
Upon successful registration, you are granted a personal use license subject to the following conditions.
You may not:
Sell, rent, or sub-license any material from the Services;
Re-publish material from the Services (including republication on another website);
Redistribute material from the Services (except for content specifically and expressly made available for redistribution);
Reproduce, duplicate, copy, or otherwise exploit material from the Services for any commercial purpose;
Edit or otherwise modify any material on the website; or
Show any material from the Services in public.
We reserve all rights to any and all original compositions found in the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Dave Drums and its licensors. The Service is protected by copyright laws and treaties around the world. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dave Drums.
The use of this website’s content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of Dave Drums and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Dave Drums or third-party owner.
We respect the copyright, trademark and all other intellectual property rights of others. We have the right, but not the obligation, to remove content and accounts containing materials that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any content in any way, you may contact us. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us for convenience to you.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites and you access and use such sites, including information, material, products and services therein, solely at your own risk.
You acknowledge and agree that Dave Drums shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Dave Drums and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Any registered user posting material on the site (i.e., bulletin boards, forums, chat rooms, etc) represents that such material is unique to the user or used with permission of the copyright holder, and assigns to Dave Drums, ownership of such material. Bulletin boards, forums, and chat rooms contain the opinions and views of the participants in those mediums, and do not necessarily reflect the opinions and views of Dave Drums.
Limitation Of Liability
In no event shall Dave Drums, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
Dave Drums its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
All information (including without limitation, advice, recommendations, and tips) on the Services are intended solely as a general educational aid. Dave Drums and its agents assume no responsibility or liability for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, tips, recommendations, or materials on the Services.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Queensland and the laws of Australia applicable therein.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will do our best to keep you updated if there are any material changes made from third-party services being utilized by the Service.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.