DrumUp is a content curation and distribution platform that helps you share content across social networking sites to keep your target audience engaged. Using sophisticated algorithms, DrumUp curates and shares the most engaging and personalized content across the web.
The content recommended via the Service may be inaccurate, outdated or incomplete. DrumUp shall not be held accountable for any content the Service recommends, or its reliability, integrity and/or accuracy. DrumUp cannot provide an assurance that the Service will function without delays, errors or disruptions all the time. Various factors may affect the quality of your communications and use of the Service, and may lead to a communication failure, including, your local network, internet service provider, firewall, the public internet and your power supply. DrumUp will not be responsible for the delay, interruption or disruption resulting from any failure of or deficiency in any of the above mentioned factors or any other factors which are not under our control.
DrumUp reserves the right to suspend, modify or discontinue the Service at any time, including the availability of any content, feature or database. DrumUp may also enforce limits on certain services or features, or restrict User’s access to some or all of the Service without notice or liability.
If the User is an individual, the User shall attest that the User is at least 18 years of age. User shall also confirm that he/she is permitted by law to use the Service, and assumes full responsibility for the use of the Service. Where the User is disallowed by law to access or use the Service, the Agreement shall be void and the User will forfeit the right to access the Service in such jurisdictions.
The responsibility for securing and maintaining any equipment or service required to connect to and access the Service, including hardware, modem, software and telephone services, shall lie solely with the User. User shall also be accountable for ensuring the compatibility of such equipment and services with the Service.
By using the Service, you agree that you may be exposed to third-party information, content and any publicly available online information, including posts, links, excerpts, reports, summaries, charts and graphs obtained on your behalf by DrumUp (“Posts”) that may be offensive, inaccurate, unlawful or inappropriate. DrumUp does not own, review or control Posts, and the Posts shall not be deemed as “Customer Content” unless the customer has created the content of Posts. DrumUp is also not obligated to verify, modify, filter, flag or remove any Posts, even upon request, and reserves the right to do so at its sole discretion. As such, DrumUp shall not be legally answerable to you or any third party with regards to Posts.
You agree that the Service may help or enable you to access, interact with and/or purchase services from supported platforms and third parties through third-party applications or websites (collectively “Third-Party Services”). You acknowledge that you will be accessing the Third-Party Services at your own risk. DrumUp is not responsible or liable for any contract you enter with or any transaction you complete via Third-Party Services. DrumUp also does not assume any liability or obligation for the terms and conditions imposed by such Third-Party Services.
You accept that your rights under this Agreement are non-exclusive. You also certify that you will not interpret or construe the Agreement in a way that prohibits or restricts DrumUp’s right to license, sell or offer the Service to any third party or undertake any services for any third party.
You agree that you shall:
(b) Assume sole responsibility for the legality, quality, accuracy and integrity of Customer Content and the means through which you generated or acquired Customer Content;
(c) Use commercially reasonable efforts to prevent unauthorized access to or use of the Service, which includes maintaining the confidentiality of your user name and password, and not permitting any third party to access or use your user name, password or account for the Service;
(d) Assume sole responsibility and liability for all activities occurring through your account in relation with the Service;
(e) Immediately notify DrumUp when you learn of or suspect any security breach, including any theft, loss or unauthorized use or disclosure of your or your Authorized User's account, user name or password;
(f) Use the Service in agreement with the applicable laws and government regulations; and
(g) Adhere to the applicable terms of the Third-Party Services you access or subscribe to, in relation to your use of the Service.
You must not:
(a) Make the Service available to anyone but your Authorized Users;
(b) Permit more than one individual User to use your Account;
(c) Trade, sell or transfer your Account to another party;
(d) Use the Service to transmit or store any content, including Customer Content, which may be harmful, threatening, defamatory, infringing, unlawful or tortious, including any content that may violate privacy, intellectual property, rights of publicity or send spam or unsolicited messages in contravention of applicable law;
(e) Transmit to or upload from the Service any file, link, software or data that contains or redirects to a worm, virus, Trojan Horse, or other malicious software;
(f) Try to hack, disable, de-compile, reverse engineer, disassemble, copy, interfere with, or interrupt the performance or integrity of the Service or any third-party use of the Service, or any third-party data contained in that respect;
(g) Access the Service to develop a competitive product or service, or duplicate any ideas, functions, features or graphics of the Service;
(h) Try to obtain unauthorized access to the Service or its connected networks or systems;
(i) Lease, rent or use the Service for any service bureau or time-sharing purposes;
(j) Take out or obscure any proprietary notices on the Service;
(k) Test, scan or investigate the vulnerability of the Service or any system or network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service;
(l) Perform any action that adds a disproportionately or unreasonably large load on the infrastructure of the Service or DrumUp's networks and systems, or any network or system connected to DrumUp or the Service.
(m) Employ a software, device or routine to interfere or try to interfere with the proper working of the Service or any transaction carried out on the Service, or with any other individual’s use of the Service; or
(n) Authorize, allow or push any third-party to do any of the above;
When you create an account to access the Service (“Account”), you will need to create a password or allow us to access your Account details from a social networking service (“Login Information”). The security of your Account and Login Information will be governed by the following rules. References to Account and Login Information in the rules include account and account information, including user names, passwords and security questions, whether or not they have been created to access the Service, which are used to access the Service. For instance, the account information of a social networking site from which you access the Service.
You shall not do anything that threatens the security of your Account. This includes sharing your Account or Login Information or letting anyone access your Account.
If you learn or suspect that your Account's security has been compromised, including without limitation, any theft, loss or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must notify DrumUp immediately and change your Login Information.
The responsibility for ensuring the confidentiality of your Login Information lies solely with you. You will also be liable for any way in which you use your Login Information, even when not authorized by you, and including any purchases made by you.
DrumUp reserves the right to remove or recover any user name for any reason and at any time, including but not limited to claims by a third-party that a username infringes upon such third party’s rights.
You understand and acknowledge that by creating your Account, you will be providing all rights required to enable DrumUp to collect and track the information present on the social network through which you subscribed, including without limitation, your likes, locations, profile picture, friends list, posts posted by and on your behalf, status messages, history of posts, and actions performed by you on the social network, such as clicks, shares, ignore, etc., and any other information available thereon.
If DrumUp introduces a new paid service, it shall publish the fees for the service at the time of launching it. If DrumUp decides to change the fees of or charge new fees for an existing service, the new or revised fees will be automatically effective seven days after intimation about the new or revised fee is published on DrumUp's website. Once the fees become effective, you agree to pay all applicable fees and taxes for the services provided by DrumUp. You also acknowledge that you are responsible for visiting the DrumUp website to check for intimations of any new fees and their effective dates.
Subscriptions to DrumUp's services are billed in advance, on a monthly, quarterly, bi-annual or annual basis, and are non-refundable for the subscription period they are purchased for. DrumUp's subscriptions are renewed automatically on a monthly or annual basis, depending on your subscription option at the time of purchase.
Based on the location where you transact, the mode of payment used and where your payment mode was issued, foreign exchange fees, price differences and exchange rates may be applicable on your transaction. You will be informed about such taxes and charges at the time of purchase.
You consent that DrumUp may process your bank account, credit/debit card, PayPal or other payment wallets when your subscription is up for renewal, on the calendar day corresponding to the first day you subscribed to a paid subscription. If your subscription to the service started on a day not contained in a subsequent month, i.e. if your service started on January 30 and there is no February 30, DrumUp will process your payment on the last day of such month.
You can cancel your subscription at any time by contacting us or the provider of the subscription payment service or the credit card issuer. Access to the service you've chosen not to receive any more will be terminated from the next billing cycle.
DrumUp may cancel your access to all or any part of the website at any time. You consent that DrumUp is not required to provide you any notice before suspending or terminating your Account, but it may, at its sole discretion notify you. You also agree that DrumUp may discontinue the Service or any part of the Service or modify any part of the Service, including its content, at any time and for any reason without notifying you or assuming any liability. You may also terminate the Agreement or your DrumUp account by stopping any further use of the website. All provisions of the Agreement shall survive expiration or termination, including without limitation, warranty disclaimers, ownership provisions, limitations of liability and indemnity.
You agree that DrumUp may selectively remove, rescind or garnish Benefits linked to your Account. Here, Benefits refers to the licensed rights granted, gifted, awarded, provided to and/or purchased by you to access and/or use the online or offline elements and features of the Service and/or products, including and not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, serial codes, unlockable content, rights of use applicable to unlock codes or keys or any type of online authentication.
If your Account or any subscription for the Service associated with your Account is suspended, terminated and/or if any Benefits are selectively removed, rescinded or garnished from your Account, you will not be granted a refund or credited Benefits (including conversions to cash or any other type of reimbursement), and you will no longer have access to your Account or Benefits linked to your Account or the specific Service.
You accept that DrumUp is not obliged to notify you before terminating or suspending your Account, or selectively removing, garnishing or rescinding Benefits linked with your Account. After your Account has been terminated, you may not use or participate in the Service again without express consent from DrumUp. DrumUp maintains the right to deny keeping Accounts for, and providing access to the Service or other services, to any individual. You are prohibited from allowing individuals whose Accounts we have terminated to use your Account.
If you believe that any action taken against your Account has been done erroneously, please contact us at firstname.lastname@example.org.
The responsibility for preserving the originals of any content you provide or upload to the Service lies solely with you. DrumUp cannot guarantee that such content will be always available through the Service. The Service is not a storehouse for such content.
You consent that any content you publish via the Service is done using the tools and technology provided by DrumUp. You acknowledge that you are publishing such content willingly, that you own such content or have the requisite authorization from third-parties to publish the content and that by publishing the content, you are complying with all applicable laws. You grant DrumUp the right to operate the Service on your behalf.
DrumUp reserves the right to regulate or not regulate User Content, and does not offer any guarantees or representations with respect to the quality, accuracy or integrity of any User Content published through the Service. By using the Service, you acknowledge and accept that you may be exposed to material that you may find objectionable or offensive. You also accept that DrumUp will, in no way, assume responsibility or liability for any User Content, including but not limited to errors in User Content and any damage or loss incurred from the use of the User Content, or for the delay or failure in removing User Content. DrumUp reserves the right to, at its sole discretion, remove, edit, block, disable, move or permanently delete User Content from the Service for any reason, with or without notice.
From time to time, you may provide comments, feedback or suggestions to DrumUp with respect to the Service (“Feedback”). Even if you designate Feedback as confidential, DrumUp shall not be obliged to maintain the confidentiality of the Feedback. You shall therefore grant DrumUp a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual and fully paid-up license to use Feedback for any purpose.
DrumUp reserves the right to replace or modify any or part of this Agreement at its discretion. You are responsible for checking the Agreement periodically for any changes. By continuing to access or use the Website after changes to the Agreement have been posted, you are agreeing to the changes thus posted. DrumUp may also, in the future, offer new services and/or features through the Website, including new resources and tools. The terms and conditions of this Agreement shall be applicable to such new services and/or features.
You accept that you will be using the Service at your own sole risk. DrumUp, its directors, officer, agents and employees, disclaim all warranties, implied or explicit, in relation to the Service and your use thereof, including implied warranties of title, merchantability, fitness for a specific purpose or authority, usefulness, non-infringement, completeness, accuracy and timeliness. DrumUp makes no representations or warranties about the completeness, accuracy or integrity of the contents of the Service, of the content of any site linked to the Service, and of the Third-Party Materials. DrumUp also does not assume any responsibility or liability for:
(a) Mistakes, errors, inaccuracies, non-conformity or non-suitability of any content;
(b) Direct, indirect, incidental, special, consequential or punitive damages including without derogating, property damages, monetary damages and/or personal injuries of any nature, arising out of the use or failure to use the Service;
(c) Any unauthorized access to or use of DrumUp's servers and/or any or all financial information and/or personal information stored in them;
(d) Any disruption or suspension of transmission to or from the Service;
(e) Any viruses, bugs, Trojan Horses or other malicious software that may be transmitted to or via the Service by any third party; or
(f) Any omissions or errors in any content or for any damage or loss of any kind incurred as a result of using any of the content posted, transmitted, emailed or otherwise made available through the Service.
You shall defend, indemnify and hold DrumUp, its affiliates, officers, directors, agents and employees harmless from and against all liabilities, losses, claims, damages, penalties and costs, including attorneys' fees, of any kind, in relation to or arising from a claim, as regards to the following:
(a) Your use of and access to the Service;
(c) Your violation of any third-party right, including without limitation any copyright, privacy, or property right; or
(d) Any User Content you publish or share on or via the Service.
If you are not satisfied with or in any way harmed by DrumUp or anything associated with DrumUp, you are free to cancel your DrumUp Account and terminate this Agreement.
You may be able to access or use third-party content, resources, services or links to sites or resources on the internet (“Third-Party Materials”) through the Service. You accept that you are responsible for and assume all risks that may arise from your access to and use of any such Third-Party Materials, and that DrumUp will not be responsible for any liability that you may incur from your access to or use of such Third-Party Materials via the Service.
You also acknowledge and consent that DrumUp will (a) not assume liability for the availability, quality, accuracy, integrity or legitimacy of such Third-Party Materials or the products or services presented by or available from such Third-Party Materials (b) not assume liability for any injuries, losses or harm you suffer as a result of your access to or use of such Third-Party Materials and (c) not provide any assurance that it will remove Third-Party Materials from being accessed through the Service or website. The availability of and your access to Third-Party Materials is not an expression or indication of DrumUp's endorsement of the Third-Party Materials.
If you have not secured the appropriate approval to use any Third-Party Materials, you may not use them. DrumUp does not have the right to grant you permission to use Third-Party Materials.
The Service may contain links to other resources or websites (collectively “Linked Sites”). DrumUp does not assume control of or responsibility for the contents of any Linked Site, including without limitation, any link present in a Linked Site or any updates or modifications to a Linked Site. DrumUp also does not assume responsibility or liability for the webcasts or transmission (in any other form) received from any Linked Site. The inclusion of a link, in no way, is an expression or indication of DrumUp's endorsement of the Linked Site or any association with its operators. You acknowledge and accept that DrumUp will disclaim, directly or indirectly, any loss or damage caused by or alleged to be caused by, or in relation to the use of or the reliance on any content, services or goods available on or through such Linked Sites.
DrumUp may alert you to communications and notifications about the Service, such as any change to this Agreement, by placing a banner notice across all its pages. DrumUp may alternatively notify you via email to the email address you've used to register your account. You also consent that DrumUp may communicate with you regarding your DrumUp Account or services through your DrumUp account or other modes such as mobile, telephone, email, postal services or other delivery services. You accept and agree that DrumUp is not in any way liable for your failure to maintain contact or any other information including but not limited to your failure to receive critical information about the Service.
Force Majeure: With the exception of payment obligations, none of the parties shall assume liability for the inability to perform their obligations hereunder, where such failures arise from any cause beyond the reasonable control of such parties. This includes the elements such as flood, fire, earthquake, harsh weather, accidents, vandalism, power failure, sabotage, internet failure, denial of service attacks, acts of terrorism, acts of God, acts of the public enemy, public or civil disturbances, riots, strikes, labor disruptions and any orders, acts, rules, regulations or clampdowns enforced by the government or governmental authority or body, military or civil, including court judgments and orders.
Governing Law: This Agreement and your relationship with DrumUp shall be governed exclusively by, and executed and interpreted exclusively in accordance with the laws applicable in India. All disputes arising under this Agreement shall be resolved by the courts of India. In the event that proceedings and actions are initiated to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees.
Severability: All the provisions of this Agreement are severable. Should any provision of this Agreement become invalid, illegal or unenforceable in any other jurisdiction, the invalidity, illegality or unenforceability of that provision will not have any effect on the validity, legality or enforceability of that provision in any other jurisdiction or the remaining provisions of this Agreement.
Assignment: You shall not designate or transfer your obligations or rights, whether under circumstances arising from a merger, change of control, sale of assets, operation of law or otherwise, without the prior written approval of DrumUp; any attempt to designate or transfer your rights and obligations without prior consent will be deemed void. DrumUp may designate or delegate all obligations and rights under this Agreement, wholly or partially, without notifying you. DrumUp may also substitute, by way of unilateral novation, effective upon notice to you, DrumUp for any third party that assumes our rights and obligations under this Agreement.