Terms and conditions

This page contains the agreement for your use of this site. Your use of this site constitutes your acceptance of this agreement. This agreement is made between you and Drum Effect of Canberra, ACT, Australia (“Drum Effect”). This agreement was last updated on 20 May 2016.

1.Terms of use of this site

1.1 Your obligations

You promise that you will use this site in a responsible manner, and that you will not:

(a) use this site for an unlawful purpose;

(b) interrupt or attempt to interrupt this site in any way, including submitting content containing viruses; or

(c) compromise the security of any password or other identifier required to facilitate your access to this site.

If you do not comply with the terms of this agreement, Drum Effect may terminate your use where possible and, if necessary, take legal action.

1.2 Privacy

Please review Drum Effect’s Privacy Policy, which also applies to your use of this site.

1.3 Copyright

All information and materials, including text, images, animation,logos, icons, video, music, sound, source code and software on this site and the compilation of such information and materials ("Content") are protected by international copyright laws. Copyright in the Content is owned by Drum Effect and its licensors. You may use and copy the Content only to the extent necessary to view and use this site for personal, non-commercial purposes. Any use of the Content not permitted by this agreement is prohibited.No right, title or interest in any Content is acquired by you as a result of any use of the Content, permitted or otherwise.

1.4 Trade marks

DRUM EFFECT and its associated logos and other marks used on this site are trade marks or service marks of Drum Effect and its licensors. Your use of this site does not give you any rights to use such trade marks or service marks in any manner.

1.7 Linking

References on this site to any names, marks, products or services of third parties or hyperlinks to third party sites or information are provided for your convenience only and do not in any way constitute or imply Drum Effect's endorsement, sponsorship or recommendation of the third party, information,product or service. Drum Effect is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites.

1.8 Disclaimer

THE CONTENTS OF THIS SITE INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIAL, ADVICE, INFORMATION, OPINION,STATEMENT, DATES, LOCATIONS, TIMES OR ANY OTHER PART OF THIS SITE ("MATERIAL") MAYCONTAIN INACCURACIES ANDTYPOGRAPHICAL ERRORS. DRUM EFFECT DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE MATERIAL.

YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE INCLUDING ANY RELIANCE ON ANY MATERIAL WILL BE AT YOUR SOLE RISK. DRUM EFFECT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. DRUM EFFECT MAY MAKE ANY OTHER CHANGES TO THIS SITE OR THE MATERIAL AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT PERMITTED BY LAW, THIS SITE, AND MATERIAL ON THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

1.9 Indemnity

You agree to defend, indemnify and hold harmless Drum Effect from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of this site.

2. General

2.1 Assignment

Drum Effect can transfer, assign or subcontract its responsibility for, and its rights under, this agreement at any time to any person without notice to you. You cannot assign your rights under this agreement without Drum Effect's prior written consent.

2.2 Changes

Drum Effect may change this agreement at any time by making the new agreement available on this site. Your continued use of this site after a change is made constitutes your acceptance of that change. You should check this agreement each time you use this site.

2.3 Entire agreement

Subject to clauses 2.8 and 2.9, this agreement constitutes the entire agreement between you and Drum Effect concerning your use of this site and sales made to you through this site, and supersedes any prior written or other agreement between you and Drum Effect.

2.4 Events beyond Drum Effect's control

Drum Effect will not be liable for any delay or failure to perform this agreement caused by an event beyond its reasonable control.

2.5 Governing law

This Agreement is governed by and construed in accordance with the law of the Australian Capital Territory, Australia and the parties submit to the jurisdiction of the Courts of the Australian Capital Territory, Australia.  

2.6 Interpretation

In this agreement:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture(whether incorporated or unincorporated), a partnership and a trust;

(c) words importing the singular include the plural and viceversa, and words importing a gender include other genders;

(d) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and

(e)"includes" in any form is not a word of limitation.

2.7 Severability

If any part of this agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this agreement.

2.8 Waiver

Failure or omission by a party to require strict or timely compliance with this agreement will not affect any right of that party to remedies it may have in respect of any breach of this agreement. 

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