Terms and Conditions of Use

Effective as of April 1, 2021

Contract

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Submit your Track Now!”, “Join Drumtunez.com”, “Get It Now”, “Sign in”, “Log in”, “Log on” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Drum Tunez (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Create Account”, “Log-in”, ”Log-in” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to Drumtunez.com, Drumtunez.com-branded apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”.

1. Drum Tunez

You are entering into this Contract with Drum Tunez, which will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Members and Visitors.

As a Visitor or Member of our Services, the collection, use, and sharing of your personal data are subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.1 Drumtunez.com is a media processing service, and the user takes full responsibility for any copyright laws that may apply to the use of the Service or the output generated by it. Drum Tunez does not promote, endorse, or publish any user processed content.

1.2 Members and Visitors

When you register and join the Drum Tunez, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may make changes to the Contract. We may modify this Contract, our Privacy Policy, and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our App or newsletters, or by other means, to offer you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract, and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 13.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Drum Tunez account, which must be in your real name; and (3) you are not already restricted by Drum Tunez from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13.

“Minimum Age” means 13 years old. However, if the law requires that you must be older in order for Drum Tunez to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.

2.2 Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., files); and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

2.3 Payment and Cancellations

You may purchase services directly from Drum Tunez or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Drum Tunez Service for a specific time period (“Pre-Paid Period”).

Drum Tunez may change the price for its services, or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Drum Tunez Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

You’ll honor your payment obligations, and you are okay with using Paypal.com or Gumroad.com, to process payments. Drum Tunez follows industry security standards. Credit Card information is securely processed by the mentioned providers. Drum Tunez does not store credit card numbers. You understand that there may be fees and taxes that are added to our prices.

Refund Policy: THE PAYMENT SERVICE IS NON-REFUNDABLE, exceptions may apply to comply with local regulations of the customer’s country of origin. Contact support to check refund eligibility. Members are responsible for their payment and plan choice.

If you buy any of our Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).

We may continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Members might change the subscription plan by canceling and re-subscribing to the desired plan. We do not provide refunds or credits for plan changes.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

3. Rights and Limits

3.1. Your License to Drum Tunez

You own all of the content, feedback, and personal information you provide to us. You and Drum Tunez agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Drum Tunez, you agree that Drum Tunez can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise only to provide information and content that you have the right to share, and that your Drum Tunez profile will be truthful.

You agree to only upload media or information that does not violate the law nor anyone’s rights (including copyrights). You also agree that your profile information will be truthful. Drum Tunez may be required by law to remove certain features, information, or content in certain countries.

3.2 Service Availability

We may change or end any Service or modify our prices prospectively.

We may change, suspend, or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. You acknowledge that Drum Tunez may modify the features and functionality of the Services during the Subscription Term.

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (a) during Planned Downtime (of which We will give advance notice via Our Site or to the Account owner); and (b) for any unavailability caused by circumstances beyond Our reasonable control, including, for example, a Force Majeure Event.

We don’t promise to store or keep showing any information and content that you’ve uploaded. Drum Tunez is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any media or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy and subscription plans.

The user has the right to download the processed media; Drumtunez.com will automatically remove the source and processed files from its servers according to advertised plans. For paid members, data retention will follow the advertised plan.

3.3 Other Content, Sites and Apps

Your use of others’ content and information shared on our Services, is at your own risk.

Others may share their media through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Drum Tunez does not access either review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

You acknowledge that Drum Tunez does not supervise, direct, control, or monitor Members. Drum Tunez does not endorse any particular Member’s offered services and public activity (such as social media posts).

3.4 Limits

We have the right to limit how you connect and interact with our Services.

Drum Tunez reserves the right to limit your use of the Services, including the number of your connections, uploads, downloads, devices, and your ability to contact other Members. Drum Tunez reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts and service rate-limits).

3.5 Fair usage policy

All members are subject to the following fair usage policy.

You acknowledge and agree that we may impose a limit on the length, file size, and the number of media files you can upload and process. We may change such limits at any time, at our sole discretion. Paid members have extended limits.

The Service is offered in our plans is intended for normal, reasonable personal or professional use. “Unlimited” refers to that type and level of usage. Normal, reasonable personal or professional use does not include bulk processing or commercial uses, such as operating a business where you use the Services to process an abnormally high number of tracks (in exchange for fees or not) compared to the typical user for personal or professional purposes.

Drum Tunez evaluates your usage in comparison to typical levels of usage engaged in by other users. Based on such evaluation, Drum Tunez may determine that abnormal, unreasonable usage is occurring when compared to typical users.

Although we do not wish to set a specific limit, as a guideline, we will generally consider that your usage is abnormal or unreasonable if you regularly (i) process 14 tracks per day or more, or four hundred twenty (420) tracks per month across all platform products (track separation, mastering, etc). We understand that your use of the Services may be irregular, with periods where you may wish to process several tracks and others where you may not wish to process any track, and as such we will review and evaluate your use accordingly.

If your average usage across all processed media in a calendar month for an individual standard product is within the top 5 percent (5%) of that standard product’s usage across all customers on the Drum Tunez platform in that calendar month (“Excess Processing Usage“), then Drum Tunez reserves the right to implement immediate limits on your usage. However, Drum Tunez will, prior to implementing the above usage limits, use commercially reasonable efforts to (a) communicate any Excess processing usage to you in writing and (b) work with you to resolve any issues that are causing such Excess processing usage.

3.6 Intellectual Property Rights

We’re providing you with notice about our intellectual property rights.

Drum Tunez reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Drum Tunez, and logos and other Drum Tunez trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Drum Tunez.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

DRUM TUNEZ AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, DRUM TUNEZ AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS DRUM TUNEZ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), DRUM TUNEZ, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

DRUM TUNEZ AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO DRUM TUNEZ FOR THE SERVICES DURING THE TERM OF THIS CONTRACT.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Drum Tunez and shall apply to all claims of liability (e.g., warranty, tort, negligence, Contract, and law) even if Drum Tunez or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Drum Tunez may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;

Members and/or Visitors’ rights to further re-share content and information you shared through the Services;

Any amounts owed by either party prior to termination remain owed after termination.

You can visit our Help Center (https://drumtunez.com/support/) to close your account.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, you and Drum Tunez agree to resolve it in Baguio City courts using Philippines law.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

For others outside of Designated Countries, including those who live outside of the Philippines: You and Drum Tunez agree that the laws of the province of Benguet in the Philippines, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services.

7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Drum Tunez has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Drum Tunez may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is by submitting a message at the contact form found at help.Drumtunez.com.

8. Drum Tunez “Dos and Don’ts”

8.1. Dos (you agree that you will)

This list of “Dos and Don’ts” limits what you can and cannot do on our Services.

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and keep it updated;

Use your real name on your profile; and

Use the Services in a responsible manner.

8.2. Don’ts (you agree that you will not):

Create a false identity on Drum Tunez, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

Develop, support or use the software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Drum Tunez;

Disclose information that you do not have the consent to disclose (such as confidential information of others);

Violate the intellectual property or other rights of Drum Tunez, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the word “Drum Tunez” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;

Post anything that contains software viruses, worms, or any other harmful code;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open-source;

Imply or state that you are affiliated with or endorsed by Drum Tunez without our express consent (e.g., representing yourself as an accredited Drum Tunez trainer);

Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Drum Tunez’s consent;

Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Drum Tunez’s consent;

Use bots or other automated methods to access the Services, upload, or download files, send or redirect messages;

Monitor the Services’ availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

Use non-API-based forms of automation, such as scripting the Drumtunez.com website;

Create and/or automate multiple accounts for duplicative or substantially similar use cases.

The use of these techniques may result in the permanent suspension of your account. If activity on your account violates the usage limits, Drum Tunez may take action on your account, including suspension.

9. Third-party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Drum Tunez, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Drum Tunez only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. How To Contact Us

Our Help Center also provides information about our Services.

For legal and general inquiries, you may contact us at Drumtunez.com/support.

Drum Tunez.
Baguio City, Philippines, 2600