Web Site Terms of Use and Privacy Policy

This Not So Modern Drummer Web Site (the "Web Site") is provided to you by George's Drum Shop, Inc. ("George's Drum Shop"). Access to and use of the Web Site and the services available on the Web Site are subject to the following terms and conditions in this Terms of Use and Privacy Policy. By accessing or using the Web Site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully.

© George's Drum Shop, Inc.
2010
All Rights Reserved

The copyright on this entire Web Site is held by George's Drum Shop. All material provided on the Web Site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Web Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without prior written permission of George's Drum Shop. Individual visitors of the Web Site are permitted personal, non-commercial use, provided that they do not modify the materials on the Web Site and that the materials retain all copyright and other proprietary notices contained therein. The permission terminates automatically if you breach any of the terms and conditions contained in this notice. George's Drum Shop does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

The trademarks, logos, and service marks (collectively referred to as "Trademarks") displayed on this Web Site are federally registered and unregistered Trademarks of George's Drum Shop and no trademark license either express or implied is granted by George's Drum Shop. You do not have any right to use the Trademarks displayed on this Web Site without prior written permission of George's Drum Shops. In the event of unauthorized use or misuse of its Trademarks, George's Drum Shop may pursue its legal remedies.

ELECTRONIC INFORMATION SUBMITTED TO THE WEB SITE
Any communication or material other than your personal information submitted to the Web Site by electronic mail is the exclusive property of George's Drum Shop and is considered to be non-confidential and non-proprietary. Such communication may include, without limitation, questions, comments, suggestions, and ideas. George's Drum Shop shall be free to use them for any purpose whatsoever without restriction or compensation.

DMCA NOTICE
George's Drum Shop respects the intellectual property of others, and we ask our content partners and those posting to this Web Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Web Site in a way that constitutes copyright infringement, you may notify us by providing our webmaster with sufficient information to allow us to locate the material, including the following information:
  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists; for example, the URL of the web site where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on this web site where the material that you claim is infringing is located.
  5. Your name, address, telephone number, and email address.
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  7. A statement by you, that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on the behalf of the copyright owner.

Our webmaster on this Web Site can be reached as follows:

By Mail:
Shad Gross
Not So Modern Drummer
1351 S. Cleveland Massillon Road STE W-7
Copley, Ohio 44321

By Phone: (330) 940-3786
By Fax: (330) 313-1094
By Email: shad@notsomoderndrummer.com


DISCLAIMER
THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GEORGE'S DRUM SHOP SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR TECHNICAL INACCURACIES IN THIS WEB SITE.

George's Drum Shop is constantly improving its products and services and reserves the right to make such improvements or changes to this Web Site, the materials, products, services, or prices posted on this Web Site without prior notice, as it deems necessary.

PRIVACY
George's Drum Shop is committed to protecting your privacy. George's Drum Shop and its affiliates collect personal information from its users in limited situations as set forth in this Terms of Use and Privacy Policy. Unless otherwise indicated, George's Drum Shop and its affiliates will only disclose personally identifiable information to third parties when required by law or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with the legal process served on this Web Site. Unless otherwise stated in this Terms of Use and Privacy Policy, George's Drum Shop and its affiliates will not rent, sell or give your personally identifiable information to any outside party without your prior permission. George's Drum Shop and its affiliates may now or in the future use personally identifiable information, such as email addresses submitted by users, to contact users and third parties and provide information on internal promotions of Not So Modern Drummer and its affiliates. If and when this feature becomes available, users will be given the option to opt out of receiving such promotions.

Personally identifiable information is collected when users voluntarily sign up for forum through the "Forum" link on the Web Site or when users voluntarily submit their information to the directory through the "Directory" link on the Web Site. To sign up for the "Forum" on the Web Site users will be asked to provide their e-mail address. To sign up for the "Directory" on the Web Site, users will be asked to submit their name, address, e-mail address, phone number and street address.

Personally identifiable information will be collected from users of the Not So Modern Drummer Drum Gear Search ("Drum Gear Search"). Users will be asked to provide their name, billing address, shipping address(es) and certain demographic information. This information will be used to create a user account; which will be protected by a password of user's choosing. Credit card information of users will not be stored on user's account, but rather, may be used as an identifier to indicate to George's Drum Shop that such credit card is active.

Personally identifiable information will be collected from users of the Not So Modern Drum Shop ("Shop"). Users will be asked to provide their name, billing address, and shipping address. This information will be used to create a user account; which will be protected by a password of user's choosing. Credit card information of users will not be stored on user's account, but rather, may be used as an identifier to indicate to George's Drum Shop that such credit card is active.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Web Site password or account. You are solely responsible for:

  1. Controlling dissemination and use of your user name, member ID and/or password;
  2. Authorizing, monitoring and controlling access to and use of your Web Site user name, member ID or password; and
  3. Promptly informing George's Drum Shop of any need to deactivate a password.
You grant George's Drum Shop and its affiliates the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Web Site. George's Drum Shop and its affiliates cannot and do not assume any responsibility or liability for any information you submit for your or any third party's use or misuse of the information transmitted or received using their web site.

PUBLIC AREAS
The Web Site may now or in the future provide users opportunities to comment on articles posted on the Web Site and to access public areas including chat rooms, bulletin boards or other online communities. By posting comments or using any public area on the Web Site, you agree that you are solely responsible for your own communications, the consequences of posting such communications, and your reliance on any such communications found in the public areas. George's Drum Shop assumes no responsibility for the consequences of any communications in the public areas.

By using the public areas, you agree that the following actions constitute a material breach of this Terms of Use and Privacy Policy:
  1. Using a public area for any purpose in violation of local, state, national or international law;
  2. Posting any material in a public area that infringes the intellectual property rights of others or the privacy or publicity rights of others;
  3. Posting any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by George's Drum Shop in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. Upon receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public areas or the Web Site, or which in the judgment of George's Drum Shop exposes George's Drum Shop, its affiliates or licensors to any liability or detriment of any type.
George's Drum Shop reserves the right to record the dialogue in any public areas. George's Drum Shop does not screen communications in advance and is not responsible for screening or monitoring material posted by any user. If notified by a user of communications which are alleged not to conform to this Terms of Use and Privacy Policy, George's Drum Shop may investigate the allegation and determine in its sole discretion to remove or request the removal of communications. George's Drum Shop reserves the right to remove communications which are abusive, illegal, disruptive or that otherwise fail to conform to this Terms of Use and Privacy Policy. In addition to the removal rights described above, George's Drum Shop reserves the right to terminate any user access to any or all public areas upon user's breach of this Terms of Use and Privacy Policy. George's Drum Shop reserves the right (but is not obligated) to edit or delete any communications posted on any public area, regardless of whether such communications violate these standards for conduct.

George's Drum Shop reserves the right to take any action it deems necessary to protect the personal safety of its users or the public. George's Drum Shop has no liability or responsibility to users of the Web Site or any other person or entity for performance or non-performance of the aforementioned activities.

CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that the Web Site is not intended or designed to attract children under the age of thirteen (13). We do not collect personally identifiable information from any person we actually know is a child under the age of thirteen (13).

INFORMATION SUBMITTED BY USER
You agree that you will not upload or transmit any type of communication or content to any public area that infringes or violates any rights of any party. By submitting any communication or content, including any business information, ideas, concepts or inventions to George's Drum Shop by e-mail or any other manner, you agree that such submission is non-confidential for all purposes. By submitting any such information to a public area or via e-mail, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to George's Drum Shop and its affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium or any form, format or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the public areas or to George's Drum Shop by e-mail.

LINKS
George's Drum Shop may provide links to third party web sites. George's Drum Shop and its affiliates do not recommend and do not endorse the content on any third party web site and are not responsible for the content of linked third party sites, sites framed within the Web Site, third party sites provided as search results, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such sites.

COOKIES/LOG FILES
Cookies are files that contain information created by a web server that can be stored on a user's hard disk for use either during a particular session or for future use. George's Drum Shop uses cookies for maintaining user account information, to help administer the Web Site, to measure the use of the Web Site and to improve the content of the Web Site. Users may set their computers to refuse cookies. Most browsers are initially set to accept cookies.

The Web Site may also use cookies and/or log files to collect information such as date and time of use, users' IP address and links and pages viewed by users of the Web Site. Such information is gathered for the purposes of maintaining user account information and is not used to disseminate significant information about users over the Internet or to analyze any information that users have knowingly or unknowingly provided. Such information will be accessible only by George's Drum Shop and its internet Web Site service provider.

DRUM GEAR SEARCH
George's Drum Shop provides or in the future shall provide on the Web Site a service known as Drum Gear Search, which is a database of drums and other drumming products for sale by dealers and users. The Drum Gear Search shall list the prices and call of price for all instruments. All transactions will occur directly between the buyer and seller with no involvement of George's Drum Shop. You agree by participating in the Drum Gear Search that you will not hold George's Drum Shop responsible for other users' actions or inactions, including the items and instruments they offer for sale on the Web Site. Drum Gear Search shall act as a venue to allow anyone to offer, sell and buy musical instruments at any time from anywhere in a variety of pricing formats as determined by the seller. George's Drum Shop is not involved in the actual transaction between buyers and sellers and has no control over nor do we guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell the items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Users purchasing products through Drum Gear Search may join this service for free. George's Drum Shop charges fees for using other services such as featuring items. The fee for sellers to feature items shall be as agreed upon between George's Drum Shop and the seller. Unless otherwise stated, all fees shall be in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with the Web Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel).

When the sellers provide a listing of instruments to be posted for sale on Drum Gear Search, such seller is granting to us a non-exclusive, world wide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the copyright publicity and database rights Seller has in the listing, in any median known now or in the future.

George's Drum Shop shall gather statistical information on the price of musical instruments and other items sold and purchased by sellers and buyers through Drum Gear Search. George's Drum Shop may from time to time use such data to prepare a pricing guide or similar document summarizing the quality and price range of instruments sold. Users agree and understand that ownership of the copyright in any such pricing guide prepared by George's Drum Shop shall belong solely to George's Drum Shop. Users of the Website shall not reproduce such copyrighted data in any way, shape or form without the express written consent of George's Drum Shop.

While using Drum Gear Search, buyers agree that they will not fail to deliver payment for items buyers purchase unless the seller has materially changed the item's description after buyer bids, a clear typographical error is made or buyer cannot authenticate the seller's identity. Seller agrees that they will not fail to deliver items purchased from them, unless the buyer fails to meet the posted terms, or they cannot authenticate the buyer's identity. You agree that you will not manipulate the price of any item or interfere with other users' listings. You agree that you will not circumvent or manipulate any fee structure, billing structure, billing process or fees owed to George's Drum Shop.

George's Drum Shop reserves the right, in its sole discretion, to terminate the account of any user or restrict access to the Website for any reason, including but not limited to non-payment of any amounts owing to George's Drum Shop or its affiliates, failure to update the content of a user account, receipt of complaints identifying user misconduct or any other misuse of the Website or violation of this Terms of Use and Privacy Policy.

INDEMNITY
You agree to defend, indemnify and hold George's Drum Shop and its affiliates and their respective officers, members, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from your violation of this Terms of Use and Privacy Policy.

GENERAL
George's Drum Shop, Inc. is an Ohio S Corporation. George's Drum Shop makes no claims that the content provided in the Web Site is appropriate or may be downloaded outside of the United States. Access to the content in the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

In the event all or a portion of the assets owned or controlled by George's Drum Shop or any parent, subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, information from or about Web Site users may be among the transferred assets.

JURISDICTION
You expressly agree that the exclusive jurisdiction for any dispute with George's Drum Shop, or in any way relating to your use of the Web Site, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any such dispute, including any claim involving George's Drum Shop or its affiliates, subsidiaries, employees, officers, members, telecommunication providers, licensors and suppliers. This Terms of Use and Privacy Policy is governed by the internal substantive laws of the State of Ohio without respect to its conflict of law principles. If any provision of this Terms of Use and Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining provisions of this Terms of Use and Privacy Policy, which shall remain in full force and effect. No waiver of the Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT
This Terms of Use and Privacy Policy constitutes the entire agreement between you and George's Drum Shop with respect to the use of the Web Site and content.

Thank you for your cooperation. We hope you find the Web Site helpful and convenient. Questions or comments regarding the Web Site should be directed by electronic mail to shad@notsomoderndrummer.com or via U.S. Mail to Not So Modern Drummer, 1351 South Cleveland Massillon Rd. STE W-7, Copley, Ohio 44321.

All Content © Not So Modern Drummer 2010, All Rights Reserved | Terms of Use