End User License Agreement
Effective Date: 1/1/2022
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) (“YOU” OR “YOUR”) ACCESS OR USE THE DRUMROOM SOFTWARE (“DRUMROOM”), AND/OR OR HTTPS://WWW.DRUMROOM.IO (TOGETHER “THE WEBSITE”). IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. BY CLICKING “I ACCEPT” YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
Welcome to Drumroom, a musical instruction and transcription software provided by Drumroom, Inc. (hereinafter “us” or “we”). The website (including all content under the “drumrooom.io” domain names) and Drumroom are owned by us. We provide the website, Drumroom, and the associated products, services, data, information, updates, and materials (altogether, the “services”), subject to your agreement to and compliance with the terms and conditions set out in this document and its incorporated terms (the “Terms”). Please carefully read these Terms that govern your access to and use of the services, and that apply to all users. If you do not agree and consent to these Terms, please do not use the services. If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have full legal authority to bind such entity to this Agreement. You cannot purchase Drumroom, Inc. services until you have indicated your acceptance of these Terms.
Important Notices
- 1. By using the services, you represent that you have read, understand, and agree to all the terms and conditions of these Terms, including our Privacy Policy (“Privacy Policy”) which is fully incorporated herein by reference. These Terms and the Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), and the Children’s Online Privacy Protection Act (“COPPA”) and other applicable privacy laws. Under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” Personal Data may also be referred to as Personally Identifiable Information (“PII”).
- 2. We reserve the right to change, modify, add to, or otherwise alter these Terms at any time, or to change or discontinue any aspect or feature of the services without notice to you. Such changes, modifications, additions, or deletions will be effective immediately upon posting to the website, or update of the application. You agree to review these Terms periodically to be aware of such revisions. If you have an account with the application, we may inform you of any material changes by notification to the email address you provided as part of your initial registration. Otherwise, you may view the most recent Terms on the website. Your use of the services after we post such changes, modifications, additions, or deletions constitutes your acceptance of said changes, modifications, additions, or deletions constitutes your acceptance of said changes, modifications, additions, or deletions. Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy, if you provided us with your email address.
Registration
The account creator must be 18 years of age or older to create an account on Drumroom, or accept a paring request between users. If the account is intended for use by an individual under 18 years of age, the account creator, and acceptor of pairing requests, must be the parent or legal guardian of the child. The services are intended to comply with COPPA. If you reside in the United States, we encourage you to visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about COPPA and children’s privacy. For questions about how we handle children’s data, please see our Privacy Policy, which is posted on the Website.
You agree to provide accurate, current, and complete information during the registration process (“Registration Information”). You are solely responsible for maintaining the security of your Registration Information, and any and all use of your account.
You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information to any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
License and Conditions of Use
Conditioned on your compliance with these Terms and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use Drumroom. We reserve all rights of ownership in and to Drumroom not expressly granted to you.
You may not use Drumroom in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. Specifically, you agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Drumroom in any manner or form, (iii) copy, distribute, or create derivative works based on the Services Content (as defined below), (iv) exploit the Services Content in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Drumroom or any elements thereof.
Your violation of any of these Terms may result in automatic termination of your account and the licenses granted hereunder.
Billing Policies
You may access portions of Drumroom’s content free of charge, while other services and products require payment of fees and/or subscriptions. Current pricing for services and subscriptions is available on Drumroom. We reserve the right to modify prices and to add, or remove, services or subscription options at any time without prior notice to you. The content available on the services is determined by the trial period or chosen subscription level and are subject to change without prior notice to you.
Payment of service or subscription fees must be made with a current and valid credit card, debit card, or other payment account (“Payment Account”). If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of Drumroom and, where applicable, suspend or terminate your subscription. All fees will be billed to the Payment Account you provide to us.
Service fees will be immediately billed to your Payment Account on a one-time basis at the time of your Order. For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly or yearly basis unless and until you cancel (see below for more details). You acknowledge and agree that we will not obtain additional authorization from you for each recurring fee charged to your Payment Account.
We may offer you full access to Drumroom’s content through free and/or paid trials. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the “Next Billing Date” (as identified on your Order Confirmation, and on the Account Details page of your account). The monthly, or yearly, subscription fee – as authorized by you during the payment process – will be billed to your Payment Account on that date and thereafter on a recurring monthly, or yearly, basis unless and until you cancel.
RECURRING PAYMENT SUBSCRIPTION PLANS AUTOMATIC RENEWAL FEES WILL BE AUTOMTICALLY CHARGED TO YOUR PAYMENT ACCOUNT.
WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EITHER A MONTHLY OR YEARLY BASIS BEGINNING ON THE “NEXT BILLING DATE” IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EITHER EVERY 30 DAYS OR YEAR THEREAFTER (THE “AUTOMATIC RENEWAL DATE”), AS AUTHORIZED BY YOU DURING THE PAYMENT PROCESS BY CHECKING THE BOX DEMONSTRATING YOUR CONSENT TO SUBSCRIPTOIN BILLING. YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SAME SUBSCRIPTION SELECTED BY YOU IN CONNECTION WITH YOUR ORIGINAL SERVICE ORDER ON EACH AUTOMATIC RENEWAL DATE. UPON PAYMENT OF YOUR ORIGINAL SERVICE ORDER, WE WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELLING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL.
THEREAFTER, WE WILL ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER, AND PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURING PAYMENT PLAN, VIA EMAIL, AT LEAST 5 DAYS BEFORE THE AUTOMATIC RENEWAL DATE.
YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO USE THE “CANCEL” OPTION ON YOUR “MY ACCOUNT” PAGE.
PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR SUBSCRIPTION. THEREFORE, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR TRIAL / FULL PAID SUBSCRIPTION, AND THE ASSOCIATED MONTHLY OR YEARLY SUBSCRIPTION FEES.
Copyrights and Trademarks
Except with respect to images and text that are in the public domain or otherwise publicly available, the services and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively “Services Content”) is owned by Drumroom, Inc.and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. Drumroom, Inc. and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Services Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Services Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivative works based on the Services Content. You may not alter or delete any proprietary notices from Services Content downloaded, screen shotted, or printed from the services.
DRUMROOM is a trademark of The Musical Suite, Inc. and/or its related companies, and any use of the mark without prior express written permission is hereby strictly prohibited.
Disclaimers
You expressly agree that use of the services is at your sole risk. Drumroom, Inc. shall not be liable for any loss, liability, cost, or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the services, including any content contributing to, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory.
No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DRUMROOM, INC. PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRUMROOM, INC. MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, DRUMROOM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNES FOR A PARTICULAR PURPOSE, NON-INFIRNGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
DRUMROOM, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING DRUMROOM. YOUR USE OF DRUMROOM IS SOLELY AT YOUR OWN RISK.
Drumroom, Inc. does not warrant that Drumroom will be uninterrupted or error free; nor does Drumroom, Inc. make any warranty as to the results that may be obtained from use of Drumroom, or as to the reliability of any information, service, or materials provided through the services.
Limitation of Liability
DRUMROOM, INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE OT USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH THE SERVICES ARE PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
DRUMROOM, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LAIBLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESSS OR ACCURACY OF ANY INFORMATION, SERVICE, OR MATERIALS MADE AVAILABLE VIA THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BENE ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Drumroom, Inc. and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made from any third party arising from or related to (i) your use of the services or any Information you obtain through the services and (ii) your violation of these Terms, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
Termination
We reserve the right to terminate or restrict your account and/or access to the services for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the services. We will not be liable to your or any third party for such termination, or restriction of your account and/or access.
Arbitration
Any dispute concerning Drumroom, Inc., any of the services, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorney’s fees, in addition to any other relief the party may obtain.
General Conditions
These Terms constitute the entire agreement between you and us, and governs your use of the services, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these terms.
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms.
Contact Us
If you have any questions or concerns about these Terms, the website, or Drumroom, please click here to contact us or call us at (978) 462 – 1100 ext. 301.