To help us to provide the best and most consistent service to all our customers, we ask that you please review the following policies to understand how they pertain to your order. If you have any questions, feel free call us at 603-319-8109.
- Free Shipping offers are only applicable to shipments within the continental United States. If you reside in Alaska, Hawaii, or Puerto Rico, please call us at 603-319-8109 or send an email to email@example.com for information on additional shipping charges.
- We ship the vast majority of our domestic orders via FedEx Ground. On occasion, certain shipments may be sent via USPS depending on the item's size, weight, and destination. Should you require expedited shipping or prefer to use another carrier such as UPS, please contact us to arrange your shipment.
- We ship via FedEx Ground on Monday through Friday and via USPS on Monday through Saturday. Most orders placed before 12:00 PM Eastern Time are processed and shipped the same day. In some cases, shipments may take an extra 24 to 48 hours to process. In the event that an ordered item is unavailable (e.g. not in stock, on backorder, out of production, etc), we will notify you immediately to determine what actions are appropriate.
- No Signature Required: By default, all domestic shipments are sent with No Signature Required for both FedEx Ground and USPS. If you wish to require a signature upon delivery, this may incur an additional charge. In either case, if a package is returned to us after multiple attempts to deliver, the shipping amount will not be refunded.
- Most domestic shipments arrive to their destinations within a specific timeframe as set by the applicable carrier. However, many factors may affect shipping times, and we cannot guarantee exact delivery dates or date ranges - once a package leaves our facility, its progress is out of our control. If for any reason a shipment arrives at its destination later than the originally expected timeframe, no refunds are given for any shipping costs, even if the shipment is sent back/returned to us.
- Insurance: All items are automatically insured for $100 per box. If you would like to purchase additional insurance, the cost is $0.90 per $100 of additional insurance.
- We accept Visa, Mastercard, Discover, and American Express from a variety of countries outside the United States. We accept PayPal (in US dollars) from customers with verified accounts and confirmed shipping addresses. In some cases, we can also accept bank / wire transfers. Please note that all credit card orders require additional verification and must be manually processed.
- We use USPS Priority Mail for most international shipments. In the case of larger items (or when there are USPS country restrictions), we ship via FedEx.
- Shipping rates may vary from estimates shown on our website or on our eBay listings. In the event that the actual cost of shipping is different from the initial estimate, your invoice will be adjusted (either lower or higher) to reflect the actual cost of shipping.
- To help reduce the cost of shipping, we make every effort to consolidate the number of boxes used for purchases of multiple items. Please note that such “combined shipping” is done at our discretion with regard to the safety of the purchased items. If we feel that combining certain items in one package may cause damage during shipment, we will notify you and items can be shipped separately at the appropriate cost.
- Many governments around the world levy some combination of excise tax, value-added tax (VAT), import duties, and other fees on products sent from the United States. We are not responsible for paying these fees, nor do we have any way of estimating how much these charges may total. We do encourage you to check with local regulations prior to purchasing so you know what responsibilities - if any - you have to your government.
- Most USPS Priority Mail shipments, regardless of the final destination, arrive within 1-3 weeks of shipment. However, in some cases, your order may get "stuck" in Customs for an extended period of time. We are not responsible for any delays caused by Customs processing in your country, and no refunds are given for shipping costs if the shipment arrives later than expected.
- In the event that a package is damaged on arrival or lost, it is the buyer's responsibility to open an investigation with the shipping courier (e.g. USPS, FedEx) within 2 days of receiving a damaged item, or realizing an item has been lost. These investigations can take several weeks to conclude. We are not able to offer any replacements or refunds until the investigation has been completed.
- If your country imposes restrictions regarding shipments and returns the item to us, you are responsible for the return shipping cost to us (if any), as well as the return shipping cost back to you. There are no refunds or cancellations.
- Warranty Information for International Customers: If you need to file a warranty claim for an item you purchased from us, we will be happy to help you through the process, however you will be responsible for paying all shipping charges involved in returning the item to the manufacturer and/or receiving a replacement.
- Before returning an item, please call us at 603-319-8109 or send an email to firstname.lastname@example.org
- We accept returns within 14 days of you receiving a product on all new items. We do NOT accept returns on used, clearance/blowout items/layaway and special/custom order items.
- We do not accept returns on items such as earplugs or other items where hygeine is involved.
- If you wish to return an item within 14 days of receiving it, you MUST meet all of the following criteria:
- You must include ALL original packaging materials, in the condition in which they were received.
- You must include the original invoice / sales receipt and any other paperwork originally included in the package or with the item.
- The item(s) must be unused and free of any signs of use, wear, stick marks, smudges, and/or fingerprints. The item will be subject to a 15% restocking fee if we are unable to sell the item in the condition in which it was sold to you. Items such as sticks or heads are not returnable if they show any use.
- Items returned after the aforementioned 14-day grace period will be subject to a 15% restocking fee.
- You are responsible for the return shipping costs, and should you opt to return an item, the original shipping amount will not be refunded, whether you were originally charged for shipping or not. (For example, if you choose to return a $400 snare drum that was shipped to you for free, your credit / refund will likely be $15-30 less than the original purchase price - $385-$370 - reflecting the original cost incurred to ship the drum to you.) This policy applies to all shipments whether they originate from our facility or from a manufacturer's/distributor's facility (known as "drop shipments"). Any refused shipments are subject to the same shipping cost deduction from the credited amount.
- DCP allows a maximum of two returns per customer per year, starting from the date of the first returned item.
- Returns are not accepted on clearance/blow-out items, nor when trade-ins are part of the original sale.
- ATTENTION EBAY.COM CUSTOMERS - If you return an item that was purchased in Ebay, the original cost to ship the item will not be refunded (whether you originally paid for shipping or not), and the balance of the refund will be subject to a 15% restocking fee.
- We ask that you please supply tracking information when returning your item. You are responsible for the item until we receive the item at the address provided below:
Drum Center of Portsmouth
144 Lafayette Road
North Hampton NH
Special and Custom Orders
- Ensure that the details of your order are exactly to your specifications prior to placing the order. Once Special or Custom orders are placed with manufacturers, it becomes difficult - and in most cases impossible - to make any changes.
- All Special and Custom orders require a minimum of a 50% deposit at the time of ordering.
- Special and Custom orders can not be cancelled once they have been placed with the manufacturer. In the event that you wish to cancel your order, the aforementioned deposit and the product(s) in question are forfeit.
- We require that the outstanding balance on the order be paid prior to shipping (or you picking up) the item(s). This timeframe may vary from several weeks to several months depending on the item(s) and manufacturer involved. If full payment is not received within 30 days of DCP receiving your order, the deposit is forfeit and all items become property of the Drum Center of Portsmouth.
- For items under $400, we offer a 30-day layaway plan. On items over $400, we offer a 90-day layaway plan. In either case, a minimum deposit of 20% is required.
- If an order is not claimed and/or paid off within the applicable 30- or 90-day window, any and all deposits/payments toward the order are forfeit, and we reserve the right to sell the item to another customer.
- We will make up to two attempts to contact you within the 30- or 90-day window via the email address and phone number you provide at the time of making your deposit. If our attempts go unanswered, we will consider this an order cancellation and your deposit(s)/payment(s) will be forfeit.
- Layaway orders cannot be cancelled or returned, nor is it possible to transfer the value of a layaway purchase towards another item. As with the above scenarios, if a layaway order is not completed under the terms of the original agreement, the deposit is forfeit.
- We take items on consignment. If and when a consigned item sells, 80% of the sale price - less any incurred fees - goes to the owner while 20% goes to DCP.
- Consignment plans are 90 days in length. If the item has not sold after 90 days, we will lower the asking price by approximately 10%.
- If you wish to remove the item from the store before the end of the 90 day agreement, you will be charged 10% of the asking price.
- DCP will issue a check or store credit for 80% of the successful sale within 3 days of the sale.
- The owner is responsible for any damage or loss
Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.drumcenternh.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Drum Center of Portsmouth.
By accessing this web site, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on June 1, 2016.
The terms "us" or "we" or "our" refers to Drum Center of Portsmouth, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
- Permission is granted to temporarily download one copy of the materials (information or software) on Drum Center of Portsmouth’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Drum Center of Portsmouth’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Drum Center of Portsmouth at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Drum Center of Portsmouth without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Drum Center of Portsmouth's name or trademarks without the express written consent of Drum Center of Portsmouth. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Drum Center of Portsmouth, in other way that is likely to trigger confusion among consumers, that disparages or challenges Drum Center of Portsmouth or its licensors, that dilutes the strength of Drum Center of Portsmouth's or its licensor's residential property, or that otherwise infringes Drum Center of Portsmouth's or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Drum Center of Portsmouth develops to generate or show any Material of the pages making up the Website is likewise secured by Drum Center of Portsmouth's copyright, and you may not copy or adjust such code.
Drum Center of Portsmouth has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, Drum Center of Portsmouth could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Drum Center of Portsmouth has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Drum Center of Portsmouth additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Drum Center of Portsmouth does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Drum Center of Portsmouth books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Drum Center of Portsmouth suggests otherwise, you grant Drum Center of Portsmouth a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Drum Center of Portsmouth and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Drum Center of Portsmouth for all claims resulting from Content You supply. Drum Center of Portsmouth has the right but not the commitment to edit and keep track of or eliminate any task or Material. Drum Center of Portsmouth takes no duty and assumes no liability for any content published by You or any 3rd party.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on Drum Center of Portsmouth’s Website could include technical, typographical, or photographic errors. Drum Center of Portsmouth does not warrant that any of the materials on its Website are accurate, complete, or current. Drum Center of Portsmouth may make changes to the materials contained on its Website at any time without notice. Drum Center of Portsmouth does not, however, make any commitment to update the materials.
The materials on Drum Center of Portsmouth's Website are provided "as is" Drum Center of Portsmouth makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Drum Center of Portsmouth does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Drum Center of Portsmouth nor the Website has control over the quality or fitness for a particular function of a product. Drum Center of Portsmouth likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Drum Center of Portsmouth ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Drum Center of Portsmouth MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Drum Center of Portsmouth DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Drum Center of Portsmouth DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Drum Center of Portsmouth ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Drum Center of Portsmouth WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Drum Center of Portsmouth'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Drum Center of Portsmouth has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
Drum Center of Portsmouth may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Drum Center of Portsmouth’s Website shall be governed by the laws of New Hampshire without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe Drum Center of Portsmouth, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Drum Center of Portsmouth will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in New Hampshire, United States and shall be governed by and construed in accordance with the laws of New Hampshire, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Drum Center of Portsmouth under our Legal Terms shall survive the termination of our Legal Terms.
Effective as of June 1, 2016.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user's browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the"Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a)Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b)Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company's designated copyright agent at Drum Center of Portsmouth:
- The date of your notification;
- A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c)Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the laws of New Hampshire and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Drum Center of Portsmouths that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to http://www.drumcenternh.com.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OROPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORSOR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, ORDATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE ORINABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AN DEVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DONOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.
"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
Information We Collect
Generally, you control the amount and type of information you provide to us when using our Website.
As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.
Computer Information Collected
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:
- Geographical Information
When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
- Automatic Information
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
- Log Data
Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Under the Child's Online Privacy Security Act, no Website operator can require, as a condition to involvement in an activity, that a child younger than 13 years of age divulge more details than is reasonably required. Drum Center of Portsmouth abides by this demand. Drum Center of Portsmouth just collects information willingly offered; no information is gathered passively. children under 13 can submit only their email address when sending us an email in our "Contact Us" area. Drum Center of Portsmouth makes use of the e-mail address to respond to a one-time demand from a child under 13 and afterwards deletes the e-mail address. In case Drum Center of Portsmouth collects and maintains personal information relating to a child under 13, the parent may send out an email to us to review, alter and/or erase such info as well as to decline to enable any additional collection or use of the child's information.
How We Use Your Information
We use the information we receive from you as follows:
- Customizing Our Website
We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
- Sharing Information with Affiliates and Other Third Parties
We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
- Data Aggregation
We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
- Legally Required Releases of Information
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Drum Center of Portsmouth, our Users, employees, and affiliates.
We offer you the chance to "opt-out" of having your personally identifiable information used for particular functions, when we ask you for this detail. When you register for the Site, if you do not want to receive any additional material or notifications from us, you can show your preference on our registration form.
Links to Other Websites
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We utilize practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or e-mail transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the Website may not be protected. You must take unique care in deciding what info you send to us by means of e-mail.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our Privacy Practices or this Policy, please contact us.
Digital Millennium Copyright Act (DMCA) Compliance
Drum Center of Portsmouth abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Drum Center of Portsmouth (such as http://www.drumcenternh.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Drum Center of Portsmouth does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Drum Center of Portsmouth’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
NOTICE TO COPYRIGHT OWNERS:
If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a "DMCA Notice") to the designated agent at the Drum Center of Portsmouth, by fax or mail, at the address provided on our contact page. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the "DMCA").
Pursuant to federal law you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Website infringes your copyright, you should contact an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the address shown on our contact page.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.