Last updated Jan 2022
1. ACCEPTANCE OF TERMS AND CONDITIONS
2. CHANGES TO THE TERMS AND CONDITIONS
I Can Play Drums may modify these Terms and Conditions from time to time without notice, and such modification shall be effective upon posting on the Site. You agree to be bound by any modifications to these Terms and Conditions when you access the Site or use the Service, after any such modification is posted to the Site. It is important that you review the Terms and Conditions regularly.
3. TERM, MEMBERSHIP RENEWAL, AND FEES
i. Membership to this site is based on an automatically renewing cycle depending on the pricing plan that you choose.
ii. Each membership will be charged a fee for use of media that is covered under copyright restrictions. The media subject to this fee is to include, but is not exclusive to, video files, audio files, and written material that may be viewed on the Site.
iii. This Agreement, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Either party may terminate this Agreement at anytime with or without cause.
i. Recurring Billing.
Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased including the copyright fee (unless otherwise stated in the offer you accepted).
ii. Billing Cycle.
Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. Your credit card or PayPal will be charged at the end of the current term of your membership plan unless you cancel your subscription as described below.
iii. No Refunds.
The payments are nonrefundable. All fees relating to membership, including the initial payment and any subsequent automatic renewal payments, are nonrefundable. You must cancel your subscription before it renews at the end of your current billing period in order to avoid the next billing. If you cancel your subscription, the cancellation will be effective at the end of the current billing period. We do not offer prorated refunds or credits for any portion of the subscription fee for a cancelled subscription.
4. SERVICE TERMS
a. User Eligibility.
The Site is intended for users who are at least eighteen (18) years of age. Any registration, use or access to the Site by anyone under the age of eighteen (18) is prohibited by these Terms and Conditions unless verified consent and permission is provided in writing by the parent or guardian. By using the Site you represent and warrant that you are eighteen (18) years of age or older and have the right, authority, and capacity to enter into these Terms and Conditions, unless verified consent and permission is provided in writing by the parent or guardian.
b. User Registration.
If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the policies in effect from time to time including, without limitation, the manner of transmission to the I Can Play Drums. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.
c. Non-Account Activity.
You can access the Site in part without having an account. You can also contact us about the Site and/or Service without having an account. All such "Users" are subject to this Terms and Conditions.
d. Usage Information.
We may record information about your usage, including without limitation such as when you use the Site and/or Service, the classes you subscribe to, the contacts you communicate with, the videos you watch and the frequency and size of data transfers, as well as information you display or click on the Site.
5. LIMITATION OF LIABILITY
5.1 IN NO EVENT SHALL I CAN PLAY DRUMS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICE, EVEN IF I CAN PLAY DRUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 IN ANY EVENT, THE LIABILITY OF I CAN PLAY DRUMS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST US MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
5.3 YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
6. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
a. YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR SERVICE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE OR SERVICE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.
Neither party shall be liable for, or considered in breach of these Terms and Conditions on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party's reasonable control including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities.
8. DISPUTES BETWEEN USERS
The resolution of disputes that may arise between users is the sole responsibility of the users and I Can Play Drums has no liability or obligation with respect to any such disputes.
a. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between I Can Play Drums and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of I Can Play Drums to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights. b. These Terms and Conditions may not be assigned by you without the prior written consent of I Can Play Drums.