Terms of Use

The Terms of Use described here govern the access to or use of DrumUp’s application, services and/or websites (“Service” or “DrumUp”). By accessing or using DrumUp, you are agreeing that you have read, understood, accepted and consented to be bound by the Terms of Use. The Service is offered conditional upon your acceptance of the terms and conditions outlined herein, without any modifications, and extends to all other operating rules and policies (including DrumUp’s Privacy Policy) and procedures that DrumUp may publish on this site (“Agreement”) from time to time.

Any mention of “you”, “your”, “User”, “Customer” or synonyms of these words in the Terms of Use refer to the person or legal entity who accesses or uses the Service. If you access or use the Service on behalf of a company or legal entity, you agree that you both hold and can exercise the authority to legally oblige the company or entity to be governed by the Terms of Use.

We request you to read this Agreement carefully before accessing or using the DrumUp website. Please refrain from using the website and the Service if all the Terms of Use are not acceptable to you. Also note that the website is available only to individuals aged 18 years and above.


Description of the Service

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The content recommended via the Service may be inaccurate, outdated or incomplete.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.


Access to your DrumUp Account

The Service shall be used only for the User’s personal use and bound by the Terms of Use. Here, “User” includes DrumUp’s paying and non-paying customers (“Customers”).

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.


Acceptable Use

You agree that you shall:

(a) Assume responsibility for your and your Users' compliance with the Terms of Use;

(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;


Account Information

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.

The responsibility for any activity occurring through your Account, whether or not you have taken such actions, lies solely with you. You agree that your Account can be terminated if it is used by someone else, in an improper or illegal way or in a manner that violates the Terms of Use.

You agree to oversee your Account and disallow access by any individual prohibited from accepting the Terms of Use and/or accessing the Service, subject to the provisions mentioned herein or any applicable law. You shall be wholly responsible for any unauthorized use of the Service in the manner mentioned above.

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.

DrumUp's Privacy Policy (http://www.drumup.io/privacy) shall hold and govern any information you share with us when creating or updating your Account or when we access your Account information from a social network service, including and not limited to name, email address, birth date, gender and phone number. You agree that you will provide us complete and accurate information, and update the information without any delays after it changes. You also certify that you have the full right and authority to provide DrumUp with the aforementioned information, including, without limitation, any consent from a third-party insofar as required by any applicable law.

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.

Without deviating from the provisions of DrumUp's Privacy Policy, you agree to receive advertisements and promotional materials, including periodic emails with content recommendations and management of your user page by us on a social network, and any third-party offers that may be earmarked for you, as per your personal information.


License

DrumUp grants you a non-exclusive, non-transferable, personal, limited scope, non-sub-licensable, revocable license to use the Service, subject to your acceptance of and compliance with the Terms of Use. You agree to use the Service only for non-commercial or private purposes. You acknowledge that your license to use the Service is limited by the Terms of Use. If you do not accept any of the Terms of Use, or violate the Terms of Use at any point, your license to use the Service will be cancelled and you must cease to use the Service with immediate effect. If the Service, in whole or parts, is deemed to be illegal subject to the laws of the country you’re based out of, you will not be granted a license to use the Service, and must abstain from using the Service.


Fees, Payment and Refund

Users can access the Service by choosing any of the subscription plans offered by DrumUp. Some are free and others are paid plans with different rates; information about the plans and pricing shall be outlined on the Service from time to time. As a User, you are liable to pay the applicable fees in a timely manner in order to access the Service and use selected features of the Service. In the event that you fail to make a timely payment of fees, DrumUp reserves the right to terminate your use of the Service. DrumUp may, at its discretion, add, remove or modify the services and features or fees charged, at any time. DrumUp shall not be held responsible for any expenses or charges you incur from being billed by DrumUp, subject to the Terms of Use. The fees are charged based on the services you purchase and not on how much you use the Service.

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.


Termination

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.

DrumUp's decision to terminate one Account or all of your Accounts or deny access to the Service without any notice may result from and not be limited to, a violation of Terms of Use, improper or illegal use of your Account, improper or illegal use of the Service, products, Posts, products or DrumUp's intellectual property as adjudged by DrumUp in its sole discretion. Upon the termination of your Account, your user name and persona may be lost. DrumUp shall not be liable or responsible for any damage resulting from such an occurrence.

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 contact@drumup.io.

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.


User 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 does not claim ownership of text, data, photographs, graphics or any other content, and their selection and arrangement, uploaded to the Service by any user (“User Content”). By creating and/or transmitting the User Content and/or using the Service, you automatically grant DrumUp a perpetual, non-exclusive and royalty-free license of all worldwide rights to use, modify, edit, adapt, incorporate, include, record and reproduce such User Content, including without limitation, all trademarks, in all languages, in all media presently known or hereafter created for the purposes outlined in the Service and the Terms of Use, including for the avoidance of doubt commercial, non-commercial and/or promotional use by DrumUp associating such User Content with your user name, user information and/or profile picture. Please contact contact@drumup.io if you would like DrumUp to delete and refrain from making further use of such materials.

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.


Rules of Conduct and Usage

You warrant that you possess the full right and authority to use the Service and be bound by the Terms of Use. You accept that you will adhere fully with the Terms of Use and all other applicable domestic and international laws, ordinances, regulations and statutes governing your use of the Service. You also consent to comply with all the applicable laws that affect the transmission of content or the privacy of persons. You accept that you shall not defraud or attempt to defraud DrumUp or other users, and that you shall act in good faith in your use of the Service. If DrumUp concludes that your actions do not comply with reasonable community standards, DrumUp may, at its sole discretion, cancel your account and forbid you from using the Service. You agree to engage in a lawful use of the Service and adhere to the usage rules. Further, as an example and not as a limitation, you agree that you shall not:

  1. Create an Account or access the Service if you are prohibited from receiving the Service under the provisions of the Terms of Use or any applicable law;
  2. Host, display, promote or deploy the Service on any websites that (a) contain obscene, indecent or pornographic material, highly controversial matter as adjudged by DrumUp, defamatory, hate speech, discriminatory, gambling-related, abusive spyware, adware or other malicious code or program, unsolicited mass distribution of illegal subject matter, email or otherwise offensive content, or content targeting individuals under the age of 18 (b) incorporate any materials that infringe or help others to infringe on any trademark, copyright or intellectual property rights (c) are an incentive-based website such as a sweepstake or lottery site that rewards users for clicking on links (d) undertake activities that violate DrumUp's Privacy Policy (e) freely encourage users to click on banner ads or sponsored links to support the site or (f) violate the right of any third party or applicable law or regulation;
  3. Post, upload, broadcast or transmit any vulgar, sexual, pornographic, obscene or indecent material or any material that may be reasonably viewed as objectionable or offensive;
  4. Ridicule, defame, libel, threaten, intimidate, stalk, mock, abuse or harass anyone racially, ethnically, hatefully or in any other way;
  5. Sell, copy, lease, rent, transfer, assign, disassemble, sublicense, de-compile, reverse engineer, alter or modify any part of the Service;
  6. Transmit or upload files containing worms, viruses, Trojan horses, cancelbots or other programs and software that may adversely affect the operation of the Service or the computers used by users of the Service;
  7. Solicit, advertise or broadcast any commercial advertisements, including junk email, spam or chain letters to anyone;
  8. Breach the personal, intellectual property, contractual or other rights of the party, including by uploading, using, broadcasting, distributing or making available any material or information presented via the Service in a way that infringes any trademark, copyright, trade secret, patent or other right of the party;
  9. Create multiple user Accounts, multiple ids, false personas, or set-up an Account on behalf of an entity other than you, use bots or other automated software to defraud or otherwise violate the Terms of Use and/or the terms of service of any social networks or third-party applications through which the Service is accessed;
  10. Try to obtain passwords or other private information from other members, including personally identifiable information, financial information or identification documents;
  11. Transmit or upload any material that may serve as an active or passive information transmission or collection vessel, including and without limitation, cookies, web bugs, gifs or spyware, without DrumUp’s express consent;
  12. Use complaint channels or support channels inappropriately to communicate false reports to DrumUp;
  13. Develop and disseminate ‘macro’, ‘auto’ or any ‘cheat utility’ applications or software programs;
  14. Push any third party to (a) directly or indirectly generate queries, usage, clicks or impressions through any fraudulent, deceptive, automated or other illegal means (b) undertake any action or practice that presents DrumUp in a bad light or devalues or maligns DrumUp’s goodwill or reputation (c) change, edit, remove, minimize or obscure any tag
  15. Make representations in relation to DrumUp that DrumUp has not approved in advance and in writing. You shall acquire DrumUp’s prior written approval with regards to the content of any marketing message, and with regards to any use of DrumUp’s trademarks and/or trade name and/or designs in relation with the Service;
  16. Lease, rent, trade, sell, bequeath, gift or transfer your Account to anyone without written consent from DrumUp;
  17. Access or use a leased, rented, sold, gifted, traded, bequeathed or transferred Account from the creator of the Account without written consent from DrumUp;
  18. Undertake any fraudulent activity with regards to payment methods or advertiser tracking mechanisms;
  19. Violate any applicable regulations or laws, or promote or encourage any illegal activity including but not limited to, trademark infringement, copyright infringement, invasion of privacy, defamation, hacking, identity theft, cheats, hacks, distribution of counterfeit software for the Service;
  20. Try to use the Service on or via any other service not authorized by DrumUp. You will be doing so at your own risk and different or additional terms may apply. DrumUp shall not be responsible for your use of the Service through any service not authorized by it;
  21. Hack into, try to interfere with, or decipher any transmission from or to the servers for the Service;
  22. Disrupt other’s ability to enjoy using the Service, including overburdening, interfering with or aiding the disruption or overburdening of the servers for the Service, or performing any actions that disrupt or materially raise the cost to provide the Service for the enjoyment of all its users.

Intellectual Property Ownership

DrumUp and/or its affiliates maintain all rights in the Service Materials, including and not limited to software, applications, texts, information, graphics, pictures, sound, video, music and other files. All the contents of the Service are protected by applicable patent, trademark, copyright, trade dress, international conventions and other laws safeguarding intellectual property and associated proprietary rights. You shall not nor encourage any other party to copy, modify, transfer, de-compile, disassemble, reverse engineer, create derivative works from, sub-license, distribute, rent, republish, display, download, post, transmit or sell in whole or in part for any purpose other than using the Service subject to the Terms of Use. You also agree that you shall not exploit any of the Service Materials without the explicit and prior consent of DrumUp. The aforementioned rules are not applicable to your own User Content that you post through the Service in agreement with the Terms of Use. All other uses of trademark or copyrighted material require the explicit, prior consent of DrumUp. Any redistribution or reproduction of materials not in accordance with the Terms of Use is explicitly prohibited, and may result in your Account being terminated, as well as attract civil and criminal penalties.


Changes

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.


Limitation of Liability and Indemnification

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;

(b) Your contravention of any term included in the Terms of Use;

(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.


Third-Party Links and Materials

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.

The Terms of Use do not authorize you to use any Third-Party Materials in a way other than that expressly permitted by the owners of such Third-Party Materials. The owners may possess and exercise the right to initiate legal action against you for any unauthorized use of their Third-Party Materials. Without detracting from any of DrumUp's rights and remedies under the Terms of Use and/or under the law, DrumUp, reserves the right to discontinue the Service or any part of the Service, including the cancellation of your account, with immediate effect, in the event of an alleged violation, misappropriation or infringement of the rights of any third party in relation to 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.


Communication and Notifications

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.


General

Entire Agreement: The terms outlined in this Agreement, along with any other applicable agreements, and DrumUp's Privacy Policy, represent the entire agreement between parties with regards to the use of the Service, and overrule any conflicting or prior agreements, promises, representations and negotiations, oral or written, with regards to the subject matter, and is incumbent upon the parties and their permitted assigns and successors.

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.