Terms & Conditions
Terms & Conditions
By using this website, which includes any affiliated websites and mobile applications (the “Website”), you are entering into an agreement with The Drum Broker (sometimes also referred to as “we”, “us” or “our”) and hereby agree to the terms & conditions set out herein (the “Terms”). We may modify these Terms at any time (without notice to you) by posting revised Terms on the Website. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Website or any offerings through the Website.
About The Drum Broker
The Drum Broker is in the business of selling downloadable products in the form of digital audio recordings, music production software and other related materials, and additional products and services that may be added to the Website from time to time, for use by, without limitation, musicians, music producers, composers, film editors and web designers (the “Products and Services”). The available Products and Services offered on the Website may be updated or changed at any time at The Drum Broker’s sole discretion.
Security and Registration
Payment and Downloading Products
Payment is taken on behalf of The Drum Broker by PayPal and Shopify Payments. After payment for the Products and Services, you will be taken to a page of your account, where you can download your purchased Products and Services.
Intellectual Property Rights
All right, title, and interest in and to the Website, The Drum Broker logos, designs, and trademarks are and will remain our exclusive property (collectively, “Intellectual Property Rights”). You will not use the Intellectual Property Rights for any purpose (or anything that is confusingly similar to the Intellectual Property Rights) without the express authorization to do so from The Drum Broker.
All feedback, comments, and suggestions for improving the Website and the Products and Services (the “Feedback”) that you provide to us, and any contributions you make to the Website by posting content and communicating with other users via post or forms that may be available on the Website from time to time (“User Posts”), will be the exclusive property of The Drum Broker. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. At our request, you will execute documents and take such further acts as we may request to assist us in acquiring, perfecting and maintaining our Intellectual Property Rights and other legal protections for your Feedback and User Posts.
To provide you with the Products and Services you have selected, it is essential for The Drum Broker to store your personal information. This information will be used by us and our service providers or other third party partners to allow for faster purchasing and the allocation of discount coupons, and will not be passed on to any third parties other than those who assist The Drum Broker in providing the Products and Services to you. No promotional information from The Drum Broker or any third parties will be sent to the email address provided, except the The Drum Broker newsletter, which you can unsubscribe to at any time using the link at the bottom of the email. By using the Website and providing us with your personal information, you are hereby expressly consenting to being added to The Drum Broker’s newsletter.
When you enter the Website you will be issued with a cookie, which is a small text file transferred from the Website to your hard drive, and is used to validate your login details and allow the audio player to function smoothly when browsing the Website, as well as record areas of the Website that you visit. This helps us to provide the best browsing experience for our customers and we don't collect any other information than that outlined above and that you enter on the Website. This Website complies with the Data Protection Act 1998 and The Drum Broker takes all necessary measures to ensure your data is protected against loss, theft, misuse and alteration.
Third Party Sites
The Website may contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, of those sites. We have no control over sites that are not ours, and we are not responsible for any use of such sites or content on them. Our inclusion on the Website of any third party content or link to a third party site is not an endorsement of that content or third party site.
Disclaimer, Waiver and Indemnity
While The Drum Broker will take reasonable steps to ensure that the Website and our Products and Services are free from uncleared or unauthorized samples, free from materials that infringe copyright, and free from any viruses, trojans, malware, spyware, harmful software, data theft, or any unauthorized malicious activity, The Drum Broker makes no guarantees on this subject and will not be held liable for any losses, judgements, claims, legal fees, or court costs resulting from this.
Your use of the Website and any Products and Services is at your sole risk, and the Products and Services on our Website are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. In addition, The Drum Broker does not warrant that our Products and Services will be uninterrupted, timely, secure, or error-free.
You hereby agree to indemnify, defend and hold us and all of our officers, directors, owners, employees, affiliated parties, suppliers, and licensors (collectively referred to as the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of your use of the Website, the Products and Services, use of third party sites, your violation of these Terms, your violation of the rights of any other person or entity, and any use or alleged use of your account or your passwords by any person, whether or not authorized by you.
Third Party Licenses
You acknowledge and agree that when you purchase the Products and Services, your purchase may be subject to licensing terms from a third party, such as the owner of the copyright in the sound recording(s) or underlying musical composition(s) of the Products and Services, if applicable (“Third Party License”). By purchasing the Products and Services, and if applicable, you are agreeing to any Third Party License, which you will have the opportunity to review prior to purchasing the Producers and Services. If applicable, you agree that you have reviewed such Third Party License and have received (or have had the opportunity to receive and have declined) independent legal advice on how such Third Party License governs the use of the Products and Services you have purchased on the Website.
Limitation of Liability
You expressly agree that the Drum Broker (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) will NOT be held liable for and will remain harmless against any losses, judgements, claims, legal fees or court costs that may arise from your use of the Website and purchase of any Products and Services from this Website, including any losses, judgements, claims, legal fees or court costs resulting from Third Party Licenses. By entering this agreement you agree not to sue or recover any damages from The Drum Broker (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) as a result of your use of the Website, purchase of any Products and Services, Third Party Licenses, and/or our decision to terminate or suspend this agreement, your account, or access to any of our Products and Services.
In addition, to the maximum extent permitted by applicable law, we will not be liable for any direct or indirect, incidental, special, exemplary, punitive or consequential damages suffered by you in connection with or arising out of your use of the Website, Products and Services, its software, content or other materials, even if we have been advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of any of your content, passwords, or other intangible losses, resulting from but not limited to: the use or the inability to use the Website and the Products and Service; alternation of, inaccuracies, errors or omissions in your consent, transmissions or data; or statements or conduct of any third party, including but not limited to any and all damages flowing from unauthorized third party use of the Website or the Products and Services.
Additional Agreement with The Drum Broker
If you execute a separate agreement with The Drum Broker for any Products and Services, you expressly agree and acknowledge that you remain bound by these Terms.
After making payment on this Website you will be automatically taken to a download page, where you can download your purchased Products and Services. If you experience any problems, please get in contact with us at firstname.lastname@example.org and we will work to solve the problem. However, for certainty, once downloaded, the Products and Services purchased by you from The Drum Broker are non-refundable.