Drum Central and its affiliates provide their services
to you subject to the following conditions; If you visit or shop at Drum
Central,
you accept these conditions. Please read them carefully. In addition, when
you use any current or future Drum Central service or visit or purchase from
any business affiliated with Drum Central, whether or not included in the Drum
Central
Web site, you also will be subject to the guidelines and conditions applicable
to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Drum Central,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Drum Central or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of Drum Central or its content suppliers and protected by United
Kingdom and international copyright laws. The compilation of all content on this
site is the exclusive property of Drum Central and protected by U.K. and international
copyright laws. All software used on this site is the property of Drum Central or
its software suppliers and protected by United States and international copyright
laws.
TRADEMARKS
All brand names, product names or trademarks are the property of their
respective owners.
Drum Central's trademarks and trade dress may not be used in connection with any
product or service that is not Drum Central's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits Drum
Central.
All other trademarks not owned by Drum Central or its subsidiaries that appear on
this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Drum Central or its subsidiaries.
LICENSE AND SITE ACCESS
Drum Central grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Drum Central. This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent
of Drum Central. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Drum Central and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text" utilizing
Drum Central's name or trademarks without the express written consent of Drum
Central.
Any unauthorized use terminates the permission or license granted by Drum
Central.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Drum Central so long as the link does not portray Drum
Central,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Drum Central logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Drum Central does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use Drum Central only with involvement of a parent or guardian. Drum Central
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to
the origin of a card or other content. Drum Central reserves the right (but not
the obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Drum Central and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Drum Central and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify Drum
Central
or its affiliates for all claims resulting from content you supply. Drum Central
has the right but not the obligation to monitor and edit or remove any activity
or content. Drum Central takes no responsibility and assumes no liability for
any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Drum Central and its affiliates respect the intellectual property of others. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please contact us immediately.
RISK OF LOSS
All items purchased from Drum Central are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Drum Central and its affiliates attempt to be as accurate as possible. However,
Drum Central does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product offered
by Drum Central itself is not as described, your sole remedy is to return it
in unused condition.
OTHER BUSINESSES
Parties other than Drum Central and its subsidiaries operate stores, provide services,
or sell product lines on this site. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any of these businesses
or individuals or the content of their Web sites. Drum Central does not assume
any responsibility or liability for the actions, product, and content of all
these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DRUM CENTRAL ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DRUM CENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
DRUM CENTRAL DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
DRUM CENTRAL DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM
DRUM CENTRAL ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
DRUM CENTRAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Drum Central, you agree that the laws of the United Kingdom and
Scotland,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Drum Central
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Drum Central or to products
you purchase through Drum Central shall be submitted to confidential arbitration,
except that, to the extent you have in any manner violated or threatened to
violate Drum Central's intellectual property rights, Drum Central may seek injunctive
or other appropriate relief in any state or federal court in the state of New
Hampshire, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this
site. These policies also govern your visit to Drum Central. We reserve the
right to make changes to our site, policies, and these Conditions of Use at
any time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
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