Agreement between User and DrummersNationalRegistry.com
Welcome to DrummersNationalRegistry.com (“DNR.com”). The DrummersNationalRegistry.com website (the “Site”) is comprised of various web pages operated by Drummers National Registry, LLC (“DNR”). DNR.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of DNR.com constitutes your complete agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
DNR.com is an E-Commerce Site.
DNR.com is a digital forum showcase for connecting musicians with opportunities for hire or collaboration, connecting instructors with students, offering product and service discounts through manufacturers and providers, and providing an informational blog.
ELECTRONIC COMMUNICATIONS:
Visiting DNR.com or sending emails to DNR.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
MEMBERSHIP SERVICES:
Access to the membership directory platform is provided to subscribed members to post their own personal information to be included in the Membership Directory during the membership term. The provider reserves the right to modify service features and benefits during the course of the membership.
Annual Membership: By purchasing an Annual Membership, you agree to a payment for one full year of service. We will attempt to remind you before your membership expires but it is your responsibility to visit the Site and pay for the next year’s annual membership. You may cancel your Annual Membership at any time pursuant to the Cancellation Policy in these Terms.
PAYMENT AND RENEWAL:
Billing: Memberships are pre-paid for one year.
Auto-Renewal: At this time, we do not offer automatic renewal. We will attempt to reach out with a reminder before your membership ends, but it Is your responsibility to visit the Site and pay for your next year’s membership.
Declined payments/Failure to Renew Membership: Failure to pay will result in service suspension and all member information being removed from the directory.
YOUR ACCOUNT:
If you use the 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DNR is not responsible for third party access to your account that results from theft or misappropriation of your account. DNR reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
CHILDREN UNDER EIGHTEEN:
DNR does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. You must be 18+ to use the Site.
CANCELLATION/REFUND POLICY:
You may cancel your membership at any time by sending an email to info@DrummersNationalRegistry.com. Cancellations take effect at the end of the current billing cycle. All payments are non-refundable, and no refunds or credits will be provided for partial membership periods. Following cancellation, you will retain access to your profile and Member Directory through the end of your current billing cycle. If you do not wish to retain access and want your information removed from the directory immediately upon cancellation, please let us know in your cancellation request email and give us 7-10 business days to have your information removed from the directory.
PRIVACY POLICY:
DNR.com does not have a separate Privacy Policy. There is only this: Except to comply with applicable laws, court orders, subpoenas, investigations regarding fraud or safety threats, or as evidence in litigation, we will never EVER transfer and sell your personal information. It is to be understood, however, that all information posted to the Site will be viewable by, but not limited to, Members of the Member Directory.
LINKS TO THIRD PARTY SITES:
DNR.com may contain links to other websites (“Links”). The Links are not under the control of DNR and DNR is not responsible for the contents of any Links. DNR.com provides these Links only as a convenience, and the inclusion of any link does not imply endorsement by DNR.com of the site or any association with its operators.
This site may display content, links, or embeddable players from YouTube. All YouTube content is subject to the YouTube Terms of Service. By viewing such content, you acknowledge that you are subject to YouTube’s privacy policies and community guidelines. We do not control or endorse the content found in these videos, and we are not liable for any issues arising from their use.
Likewise, Links shared on this platform may be viewed via the Facebook Mobile Browser or processed through Meta’s security systems. Users acknowledge that Facebook scans links for security, and a link may be flagged as suspicious or safe based on Facebook’s proprietary security tools. We do not warrant that all Links shared on our platform will be deemed safe by Facebook. If a link is blocked, flagged, or displays a warning (e.g., a red triangle or grey screen), you acknowledge that this is a function of Facebook’s security, not DNR. It should be assumed that any link that is blocked, flagged or displays a warning, is high risk and should be avoided. All users must adhere to Meta’s Community Standards. Content that is deemed fraudulent, spam, or malicious by Facebook’s filters will be removed.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY:
You are granted a non-exclusive, non-transferable, revocable license to access and use DNR.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DNR.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software and/or services used on the Site, is the property of DNR or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DNR.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own personal use and will make no other use of the content without the express written permission of DNR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DNR or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES:
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy of publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene topic verbiage or image, indecent or unlawful topics, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, to harm the spirit and purpose of the Site or for purposes not applicable to the Site; use of any member information for marketing purposes, telemarketing, mass mailers, or solicitations of any kind; or violate any applicable laws or regulations.
DNR has no obligation to monitor the Communication Services. However, DNR reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DNR reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DNR reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in DNR’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DNR does not control or endorse the content, messages or information found in any Communication Service and, therefore, DNR specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DNR spokespersons, and their views do not necessarily reflect those of DNR.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO DRUMMERSNATIONALREGISTRY.COM OR POSTED TO ANY DNR WEB PAGE:
DNR does not claim ownership of the materials you provide to DNR.com (including feedback and suggestions) or post, upload, input or submit to any DNR Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DNR, as a pass through host, our affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. As noted in our privacy policy, DNR never sells your information and your information is used solely for the purposes of the Site.
No compensation will be paid with respect to the use of your Submission, as provided herein. DNR is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DNR’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INTERNATIONAL USERS:
The Service is controlled, operated and administered by DNR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all applicable laws in your region, as well as conforming to the local, state and federal laws of the USA. You agree that you will not use the DNR Content accessed through DNR.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IDEMNIFICATION:
You agree to indemnify, defend and hold harmless DNR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or misuse of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DNR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DNR in asserting any available defenses.
ARBITRATION:
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event
that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DNR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DRUMMERS NATIONAL REGISTRY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DRUMMERS NATIONAL REGISTRY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DRUMMERS NATIONAL REGISTRY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRUMMERS NATIONAL REGISTRY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, FINANCIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRUMMERS NATIONAL REGISTRY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION:
DNR reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site (not excluding Arbitration clause). Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DNR as a result of this agreement or use of the Site. DNR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DNR’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DNR with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DNR with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DNR with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
CHANGES IN TERMS:
DNR reserves the right, in its sole discretion, to change the Terms under which DNR.com is offered. The most current version of the Terms will supersede all previous versions. DNR encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US:
DNR welcomes your questions or comments regarding the Terms:
Drummers National Registry, LLC
Email Address: info@drummersnationalregistry.com
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