TERMS AND CONDITIONS
Website Terms and Conditions of Use
All prices quoted on the Website, including the prices for products and shipping, are in United States dollars unless otherwise explicitly stated.
1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
By using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with the Company.
2. YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
(a) violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
(b) impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;
(c) distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
(e) harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Website or personal information about any other user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the Website that:
(w) all the information You provide on or through the Website is correct, current, and complete;
(x) any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
(y) You will notify the Company immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
(z) You will not transfer Your account, if any, to another person without the prior written consent of the Company.
2.2 User Generated Content
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Website or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
(a) material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
(b) any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
(c) conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose either to liability;
(d) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
(e) material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, its successors, and assigns, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all moral rights in any such User Generated Content.
2.3 Ordering and Purchases
By selecting a particular subscription package, Sample, quantity of Samples, and/or any other features or subscription attributes required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a license to a Sample or Samples on the Website. You may receive an email confirming that such order has been received by the Company, however: (a) any such order confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order prior to electronic delivery of that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your order because of the unavailability of the Samples for license, errors in product or subscription pricing information, or any errors or issues in the files or rights associated with a Sample or Samples for which you have purchased. Delivery of a digital copy (including by hyperlink, email, web page, or other means of electronic delivery) and processing of payment for each licensed Sample or subscription period in Your order will constitute the Company’s acceptance of and completion of that portion of Your order.
The Company does not represent or warrant that any Sample’s description on the Website is accurate, complete, reliable, or current. If a Sample for which You purchased a license on the Website is not as described on the Website, Your sole recourse is to request a refund for such Sample license or subscription cost, which shall be offered at the Company’s sole discretion. Please direct such requests, along with a clear and precise explanation of the issue and all relevant supporting documents and information, to [email@example.com]. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular Sample and Sample license are those warranties and conditions described on the Website.
By placing an order for a subscription, license to a Sample or Samples on the Website, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at the time You confirm Your order, plus any applicable taxes. All prices quoted on the Website, including the prices for products and shipping, are in United States dollars unless otherwise explicitly stated. Your provided method of payment may be charged for Your order or for each Sample license in Your order as each portion of Your order is accepted by the Company and delivered, or Sample licenses or subscription periods may be charged together. The Company reserve the right to reject Your order where the price of an ordered Sample license or subscription has changed or was mis-stated on the Website; You may be provided an opportunity to accept such price change and continue with Your order. You are required to pay for all licensed Samples delivered to You by the Company, even where such Samples are delivered to You as a result of an error by the Company, failing which you receive no license with respect to such Sample(s) and you must immediately destroy all copies of such Sample(s) in your power, possession or control. All payments shall be due immediately or as set out in any Additional Terms. Any payments owed by You due to a payment failure are due no more than 10 calendar days after Your receipt of the licensed Sample(s) and the Company reserves the right to charge interest on any amounts owed but not paid by You within such time at the lower of 1.5% or the maximum rate permitted by law.
All information provided by You to the Company during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to the Company, You represent and warrant that You are the authorized owner of such payment method.
The Company may use third-parties to deliver the licensed Samples You order.
The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all the content of the Website other than the Samples (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
(a) distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
(c) allow any third-party to access the Website IP.
All right, title and interest in the Samples is owned by the Company. Copies of the Samples are provided in order for You to exercise your rights under the limited license(s) granted hereunder, and for no other purpose. You may make copies of the Samples in order to exercise Your rights under the limited license(s) granted hereunder and for no other purpose. Unless authorized by the limited license(s) to Samples granted hereunder, You shall not:
(a) distribute the Samples for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Samples by the press or media or through any commercial network, cable, or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Samples in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
(c) allow any third-party to access the Samples.
4. LICENSE TO SAMPLES
When you purchase a license to a Sample (including through purchasing a subscription that allows you to download one or more Samples), subject to any Additional Terms, the Company grants to you (and only to you) a non-exclusive, non-sublicensable, non-transferrable license to download the licensed Sample, on no more than two devices at any one time, and to use the licensed Sample solely in new sound recordings that you are recording or in live performances that you are performing, provided that the use of the licensed Sample is incorporated into such sound recording(s) and/or live performance(s), as applicable, by combination with other sounds or sound recordings such that it does not sound substantially similar to the Sample when played or performed on its own. Such license is granted for commercial and non-commercial purposes. You are expressly forbidden from any other use of the Samples.
You agree to take all reasonable steps to prevent and discourage unauthorized copying or use of licensed Samples, including by third parties. Such steps shall include, at least, ensuring your devices are reasonably protected from unauthorized access.
5. ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
(b) limit, suspend, or terminate Your access to or use of the Website;
(c) take technical and legal steps to prevent You from accessing or using the Website; or
(d) remove or otherwise modify any User Generated Content.
7. LIMITATIONS ON LIABILITY AND DISCLAIMER
7.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SERCURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY YOU OR ANY THIRD-PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.
7.2 Availability, Completeness, and Quality
You understand and agree that the Website, any content on the Website , and any services or items found or attained through the Website, including the Samples, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. The Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any representation or statement made on or through the Website or any content on the Website.
The Company is not responsible for any content on the Website, including User Generated Content, that You may find undesirable or objectionable.
The Company cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.
7.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.
7.5 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.
7.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer to sell any product or service.
7.7 Force Majeure
If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10.1 No Agency
10.2 Governing Law, Jurisdiction, and Attornment
10.5 Entire Agreement
The Website is operated by Worship Drummer Inc., a company with offices at 89 Stowmarket Street, Caledon, ON]
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or have purchased a product or service from the Company, the Company will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product or service. You will send information and documents to the Company by email to firstname.lastname@example.org.
TERMS OF SERVICE
This website is operated by Worship Drum Samples. Throughout the site, the terms “we”, “us” and “our” refer to Worship Drum Samples. Worship Drum Samples offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Worship Drum Samples, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Worship Drum Samples and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 89 Stowmarket Street, Caledon, ON, L7C 4B1, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.