TERMS AND CONDITIONS

 

Drumsandkeys, INC

Last updated: February 2022

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These Terms of use are entered into by and between you and Drumsandkeys, INC (” Company”, “we” or “us”). The following “Terms and Conditions”, together with any documents they expressly incorporate by reference, govern your access to and use of Drumsandkeys.com, including any content, functionality, and services offered on or through Drumsandkeys.com (the “Website”), whether as a guest or a registered user.

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Acceptance of Terms

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Use of our website indicates that you have read, understood, and agree to these “Terms and Conditions” and to the collection and use of your information as set forth in our “Privacy Policy”. If you do not agree with this “Privacy Policy, Terms and Conditions” please do not visit drumsandkeys.com. This agreement applies to all types of visitors, users, and others who access the services.

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We may make changes to these Terms from time to time at our sole discretion. We will indicate on this page when the Terms were updated the last time. It is your responsibility to periodically check drumsandkeys.com for updates. Any use of the site or the services by you after the effective date of any changes will constitute your acceptance of such changes.

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Access to the Services

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• The services offered by Drumsandkeys consist of providing individuals seeking knowledge (“Learners”) or institutions seeking knowledge on behalf of their members (‘Schools’) with video content (“Videos”), and a platform enabling the connection between learners and individuals providing expertise (“Teachers”) and facilitating the exchange between such individuals with the purpose of music-related learning, teaching, coaching, mentoring, or exchange of information (Collectively, “Lessons”).

• Learners may use the services for themselves or arrange lessons for children less than eighteen (18) years of age (“Minor Learners”). Minor learners must have their parents or guardian read these Terms and agree to them on behalf of minor learners.

• If you are under four (4) years of age, you are not allowed to use the services.

• We do not provide you with the equipment to access our services. You are responsible for all fees charged by third parties related to your access and use of our services (e.g., charges by Internet service providers).

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Registration: If you choose to register for the service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the service’s registration form. Registration data and certain other information about you are governed by our “Privacy Policy”.

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Member account, password, and security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Drumsandkeys of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the service. Drumsandkeys will not be liable for any loss or damage arising from your failure to comply with this section.

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Modifications to service: Drumsandkeys reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Drumsandkeys shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

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General practices regarding use and storage: You acknowledge that Drumsandkeys may establish general practices and limits concerning the use of the service, including without limitation the maximum period of time that data or other content will be retained by the service and the maximum storage space that will be allotted on Drumsandkeys servers on your behalf. You agree that Drumsandkeys has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the service. You acknowledge that Drumsandkeys reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Drumsandkeys reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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Mobile services: The service includes certain services that are available via a mobile device, including (i) the ability to upload content to the service via a mobile device, (ii) the ability to browse the service and the site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Drumsandkeys and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Drumsandkeys account information to ensure that your messages are not sent to the person that acquires your old number.

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Use of Service

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You agree to accept all of the “Terms and Conditions” including the “Lesson Policies” listed in the service when you agree to book a lesson on Drumsandkeys.

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• Lessons offered on Drumsandkeys are offered directly by third-party teachers. While Drumsandkeys is doing its best to verify and validate certain information provided by teachers, Drumsandkeys is not responsible or liable for the truth and accuracy of the information on a teacher’s listing or profile, nor any advice or information provided by the teacher through lessons or other means distributed, displayed, purchased or facilitated by the service. Drumsandkeys disclaims all liability for the actions, errors, or omissions of teachers.

• Drumsandkeys does not provide you with any equipment to access the service. You will need good Internet access and a computer or laptop device using the latest versions of Chrome and Zoom and suited to make an audio-video call. Students acknowledge technical issues are not a valid excuse for missing a lesson. The student is responsible for meeting the “equipment and bandwidth requirements”. 

• Access to Data in the Service: Drumsandkeys or its agents may access and review lesson recordings, messages, chat transcripts, or other private information in the service to provide learner service, review claims of abuse, and for other reasons in accordance with Drumsandkeys’ general “Privacy Policy” unless stated otherwise.

• Portions of lessons or lessons in their entirety may be recorded. Prior to the lesson, the student must disclose to all others present in the lesson (i.e., parents, siblings, friends) that the lesson will be recorded and obtain the consent of all such persons to the recording of the lesson. In such a case, all parties present in the lesson grant Drumsandkeys the right to record their user content within a lesson to be stored and cataloged for later access. Students acknowledge and agree that: (1) Drumsandkeys owns all rights (including copyright) in and to any such recordings, (2) such recordings are intended to be used for the personal educational use only (i.e., reviewing the lesson), (3) audio and/or video from such recordings may not be posted to any third-party media-hosting website (e.g., SoundCloud, YouTube, or Facebook) without Drumsandkeys’ permission, (4) we make no guarantees to the availability or accessibility of the recorded lessons. Users who do not abide by the paragraph above may have their lessons canceled and/or lesson credits revoked without a refund.

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Guidelines for Teachers

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• Teachers are not employees of Drumsandkeys and are not supervised by Drumsandkeys.​

• By listing your teacher profile on and offering Lessons through Drumsandkeys, you assume full responsibility for the content of such profile listing and any Lesson given.

• By listing your teacher profile on Drumsandkeys, you understand that the listing is publicly available to be viewed by any user.

• By listing Lessons on Drumsandkeys, you agree to honor Lessons through Drumsandkeys at the price and time agreed on with the Learner or as defined and published as available for Lessons in the Service’s calendar, and not to refuse service to any Learner for any discriminatory or other illegal reason.

• You represent and warrant to Drumsandkeys that you are qualified to provide the Lessons that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

• You agree not to abuse your Learner’s personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your Lesson without the Learner’s prior consent.

• You understand that you shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses, and costs suffered by or related to a Learner concerning any Lesson.

• You understand that, if you provide Lessons, your Learners will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held liable for any information or opinions that a Learner may include in any such review.

 

Additional Information Specific to Teachers

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Disclosure to third parties: Drumsandkeys may disclose to Learners or other third parties information regarding your aggregate activity on Sessions (for example, how often and how soon you respond to Learner messages on average, the number of repeat Learners you have, the average duration of your Session, number of free/paid sessions conducted, feedback ratings and reviews (both positive and negative) on your performance). Such information may also be available on third-party websites. For further information about the use of your information or data, please refer to Drumsandkeys' Privacy Policy.

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Pricing and payments: Drumsandkeys Lessons are provided for a fee. To charge a fee for your Lesson you must provide us with your payout information and agree to the payment terms. You may set the price for your Lesson in the currencies permitted by Drumsandkeys, but the price must be presented to the Learner inclusive of all applicable taxes (including value-added taxes). The price of your Lesson may be displayed in your Learner’s local currency; however, Drumsandkeys is not responsible for the accuracy of currency rates or conversion. You may be charged a fee to use the Service, as specified in Service Fees (which may be revised by Drumsandkeys from time to time). Drumsandkeys takes a 50% cut of any paid lesson. Transfers under the amount of 100US$ are added a 5$ administration fee. Amounts above 100$ will automatically be transferred. Access to Data in the Service. Drumsandkeys or its agents may access and review Lesson recordings, messages, chat transcripts, or other private information in the Service to provide Learner service, review claims of abuse, and for other reasons in accordance with Drumsandkeys' general Privacy Policy unless stated otherwise.

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Teacher fee terms: Drumsandkeys does not withhold taxes. Teachers are solely responsible for registering all applicable taxes and fees and for documenting and reporting any income generated through Drumsandkeys to the tax authorities. Drumsandkeys recommends each teacher to consult with a chartered accountant or other counsel whether specific or particular taxes apply to the Lessons provided by the teacher.

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User Conduct Policy

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You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the service. You agree that you will not post content that is:

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• unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

• victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;

• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;

• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

• impersonates any person or entity, including any of our employees or representatives.

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We neither endorse nor assume any liability for the contents of any user submission. We generally do not pre-screen, monitor, or edit user submissions. However, we and our agents have the right at their sole discretion to remove any user submission or other content that, in our judgment, does not comply with these “Terms and Conditions” and any other rules of user conduct for the service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such user submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any user submission, whether it is your own or another user. See “Copyrights, Licenses, and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a user submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

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You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the service may be available to you or other authorized users of the service. You shall not interfere with anyone else’s use and enjoyment of the service. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

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Prohibited Use

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• The website and our services may not be used by any person or organization to recruit, solicit, or contact learners or teachers for employment or contracting. You may not copy the contents of our website, including but not limited to any of the records or profiles of our users or teachers. You are also prohibited from using any technology, method, or tool facilitated by us for any commercial use. Should Drumsandkeys find that you violated the Terms of this paragraph or any Terms stated herein, Drumsandkeys reserves the right, at its sole discretion, to immediately terminate your use of the website and our services, and/or assess a $10,000 fee for scraping, copying, caching or reproducing, teacher, learner, or minor learner information, including but not limited to, names, addresses, phone numbers, or email addresses, copying text, or otherwise misusing our misappropriating website content.

• Although Drumsandkeys cannot monitor the conduct of its users off the website, it is also a violation of these Terms to use any information obtained from the website or the services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and services. Following any termination of any registered user’s use of the website and/or services, Drumsandkeys reserves the right to send a notice thereof to other users with whom you have corresponded advising them of your termination from the services.

• Unless otherwise expressly authorized herein or in the service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the service, use of the service, or access to the service. The service is for your personal use and may not be used for direct commercial endeavors.

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Payment and Fees

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Users agree to pay all charges for using this Service as set forth on the Drumsandkeys website. To process payments relating to Lessons, Drumsandkeys integrates with PayPal/Stripe which handles secure payments. By providing a credit card or any other payment information at any point, you agree to have full authority over such payment method and you authorize PayPal/Stripe to charge such credit card or payment method.

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Cancellation and refunds: If you wish to cancel or obtain a refund for a Lesson not taken, please see our Cancellation Policy. Drumsandkeys is not responsible or liable for any refunds for Lessons that took place. However, we might offer new Learners a satisfaction guarantee in which case the price for the first Lesson which did not meet the expectations of the Learner can be redeemed on new lessons or, at our judgment, be refunded.

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Links to Third-Party Websites

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Our services may be hyper-linked to other websites which are not maintained by or related to Drumsandkeys. Hyper-links to such sites, are provided as a service to users and are not sponsored by or affiliated to Drumsandkeys. Drumsandkeys has not reviewed any or all of such hyperlinked websites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk and Drumsandkeys makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. The inclusion of any hyper-link to a third-party site does not imply any endorsement by Drumsandkeys of that site.

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Third-Party Services

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You may enable various online services to be directly integrated into your Drumsandkeys experience or log in to the service via various online third-party services such as social media and social networking services like Facebook (“Integrated Services”). By logging in or directly integrating these Integrated Services into the service, we make your online experiences richer and more personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Integrated Services on the websites of their respective providers. By logging into or enabling Integrated Services within the service, you are allowing us to pass your log-in information to these providers for this purpose. As part of such integration, such Integrated Services will provide us with access to certain information that you have provided to such Integrated Services, and we will use, store and disclose such information in accordance with our “Privacy Policy”. For more information about the implications of activating these Integrated Services, please see our “Privacy Policy”.

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Termination

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Drumsandkeys reserves the right to terminate your registered account or block access to the website and the Services, for any reason or no reason whatsoever, with or without notice, at any time.

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Disclaimer of Warranties

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Your use of the services and the service content is at your sole risk. The services and the service content each are provided on an "as is" and "as available" basis. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in these Terms. Drumsandkeys does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Drumsandkeys will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

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Limitation of Liability

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To the maximum extent permitted by applicable law, in no event shall Drumsandkeys, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services and service content. Under no circumstances will Drumsandkeys be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, Drumsandkeys assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the services and service content. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

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Indemnification

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Drumsandkeys is only a platform connecting teachers and learners. We do not employ teachers nor are we responsible or liable for any interactions involved between the teachers and their learners. We are not responsible for disputes, claims, losses (monetary or otherwise), injuries, or damage of any kind that might arise out of or relate to conduct of teachers or learners, including, but not limited to, any user's reliance upon any information provided by the teacher.

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Drumsandkeys may conduct background checks or screen users that register and use our services in any way. However, all users agree to assume all risks associated with using this service and that Drumsandkeys will not be held liable for any reason for any damages, whether direct or indirect, as a result of using our services.

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Upon a request by us, you agree to defend, indemnify, and hold Drumsandkeys and its affiliates and their officers, employees, directors, and agents a harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise out of or relating to your use of the service, your violation of these Terms of Service, or any wrongful conduct.

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Notice of Trademark Rights

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The service marks and trademarks Drumsandkeys and the Drumsandkeys' logo are service marks owned by Drumsandkeys. Except as may be otherwise indicated, any other trademarks, service marks, logos, and/or trade names appearing on the website are the property of their respective owners. Users acknowledge the rights of Drumsandkeys and the respective third parties in those marks. Users may not copy or use any of these marks, logos, or trade names without the prior written permission of the owner.

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User Disputes

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You agree that you are solely responsible for your interactions with any other user in connection with the service and Drumsandkeys will have no liability or responsibility with respect thereto. Drumsandkeys reserves the right but has no obligation to become involved in any way with disputes between you and any other user of the service.

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Jurisdiction and Choice of Law

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If there is any dispute arising out of the website and/or the service, by using the website, You expressly agree that any such dispute shall be governed by the laws of U.S, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the United States District Courts, for the resolution of any such dispute.

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Contact Us: Apologies for the length of this document. If you have any questions or concerns about our “Privacy Policy/Terms and Conditions”, you may contact us at: Online@drumsandkeys.com

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