Terms of Service
Acceptance of Terms and Conditions
Welcome to the Ultimate Drumming web site (www.UltimateDrumming.com, the “Site”), owned and operated by Jim McCall. (“Ultimate Drumming”). Subject to the following Terms of Service (“TERMS”), Ultimate Drumming provides users of the Site with access to a collection of drum lessons, drum and drum-playing resources, and forums of users and subscribers (the “Services”). Ultimate Drumming reserves the right to amend these TERMS from time to time and at any time. The most current version of the TERMS posted at www.UltimateDrumming.com/Terms shall control, and users are responsible for reviewing the TERMS to ensure knowledge of such modifications. Use of the Services by a user shall constitute that user’s acceptance of these Terms of Service.
Ultimate Drumming Services
Ultimate Drumming provides three levels of access to the Site and its Services. Any visitor to the Site will be able to access only basic information about the Site and the Services of Ultimate Drumming. Site visitors may register to use the Site by providing basic information to Ultimate Drumming, and registered users receive limited access to Site Services. Registered users may subscribe to Ultimate Drumming Full Access. Subscription requires periodic payments to take and remain in effect. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber’s responsibility to review the notice to ensure that it accurately reflects the requested subscription period.
Subscription renewal is automatic, and subscribers authorize automatic renewal of their subscriptions until cancelled. Subscribers can cancel the automatic renewal of their subscription at any time. To do so, contact us using any of the methods described at www.UltimateDrumming.com/contact and provide your account username and password. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. Ultimate Drumming will refund any payment made within sixty (60) days of the payment date.
Reservation of Rights
Ultimate Drumming reserves the right to terminate and/or cancel subscribers’ subscriptions or access to the site at any time for any reason.
Upon registering, registered users and subscribers will choose a username and password that will permit them to access the appropriate level of services for the Site. Registered users and subscribers to the Site agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. Subscribers agree to be the sole users of their username/password and the Services, and to promptly notify Ultimate Drumming if this is not the case. Ultimate Drumming may terminate access and deactivate or delete a user’s account without prior notice and without obligation. Ultimate Drumming reserves the right to restrict access to the Services to any user, and may at any time without notice immediately deny access by any person.
Intellectual Property Notices
Ultimate Drumming and its logo are trademarks of Jim McCall / Ultimate Drumming. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Ultimate Drumming, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. Ultimate Drumming will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Ultimate Drumming to do so. This notice constitutes fair warning.
You agree to not use the Services:
* to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
* to intentionally or unintentionally violate any applicable local, state, national or international law.
Print and Download Restrictions
The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. Ultimate Drumming is obliged under such licenses to disable the user’s ability to download and/or print such content. Any attempt by users and subscribers to circumvent these restrictions is a violation of this TERMS agreement and may result in termination of service and appropriate legal action.
Ultimate Drumming welcomes links to its www.UltimateDrumming.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Ultimate Drumming.
Ultimate Drumming often links to web sites that are not under its control. Ultimate Drumming is not responsible for the contents of any linked site or any link contained in a linked site. Ultimate Drumming provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by Ultimate Drumming.
Dissemination, Discontinuance or Modification
Ultimate Drumming may discontinue disseminating the lessons of any instructor, category and type of music, resources and data, and works of specific contributors. Ultimate Drumming may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Ultimate Drumming, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Ultimate Drumming Full Access content.
Please read this Disclaimer carefully before using any of the Services, including subscribing to the Ultimate Drumming Full Access content.
You understand and agree that the Services available on the site are provided on an “as-is” and “as available” basis. Ultimate Drumming hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which Ultimate Drumming provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
Ultimate Drumming will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
Limitation on Liability
Under no circumstances shall Ultimate Drumming be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if Ultimate Drumming has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
This TERMS constitutes the entire agreement between you and Ultimate Drumming and shall govern your use of the site and its Services, superseding any prior agreements between you and Ultimate Drumming.
This TERMS and the relationship between you and Ultimate Drumming shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Ultimate Drumming irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Alameda, California.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.