The Dame Drum
Terms and Conditions of Use
You should read these Terms and Conditions of Use carefully because they significantly alter your legal rights, remedies and obligations.
1. These Terms and Conditions of Use (“Terms”) are our terms of service that govern our relationship with users and others who interact with www.thedamedrum.com (the “Site”). By using or accessing the Site, you agree to these Terms, as updated from time to time in accordance with paragraphs 59 to 61 below. If you do not agree to any of the Terms, do not use the Site.
2. Your privacy is important to us. We designed our Terms to make important disclosures about how you can use the Site to share with others and how we collect and can use your content and information. We encourage you to read these Terms, and to use them to help you make informed decisions.
3. We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of your home jurisdiction where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief that this is necessary to detect, prevent and address fraud and other illegal activity; protect ourselves, you and others, including as part of investigations; or prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of the Site. Information we receive about you, including financial transaction data related to purchases made with the Site, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our Terms for at least a year to prevent repeat abuse or other violations of our Terms.
Sharing Your Content and Information
4. You own all of the content and information you post on the Site, and you can control how it is shared through your privacy and application settings. In addition:
5. For content that is covered by intellectual property rights, like written text, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with the Site (IP Licence). This IP Licence ends when you delete your IP content or your account, unless your content has been shared with others and they have not deleted it.
6. You understand that when you delete IP content, the content you delete may persist in backup copies for a reasonable period of time (but will not be available to others unless your content has been shared with others and they have not deleted it).
7. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
8. When you publish content or information on the Site, it means that you are allowing everyone, including people off of the Site, to access and use that information, and to associate it with you (i.e., your name and profile picture).
9. We always appreciate your feedback or other suggestions about the Site, but you understand that just as you have no obligation to offer them, we may use them without any obligation to compensate you for them.
10. We do our best to keep the Site safe, but we cannot guarantee it. We need your help to keep the Site safe, which includes the following commitments by you:
11. You will not post unauthorized commercial communications (such as spam) on the Site.
12. You will not collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
13. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
14. You will not upload viruses or other malware or malicious code.
15. You will not solicit login information or access an account belonging to someone else.
16. You will not bully, intimidate, or harass any user.
17. You will not post content that is defamatory, hate speech, threatening, or pornographic; incites violence; contains nudity or graphic or gratuitous violence; is illegal or otherwise objectionable; or that may otherwise give rise to liability or violate any law.
18. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
19. You will not publicize or offer any contest, giveaway, or sweepstakes on the Site.
20. You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
21. You will not impersonate others, including a Dame Drum employee or representative, or other members or users of the Site.
22. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other functionality of the Site.
23. You will not facilitate or encourage any violations of these Terms or our policies.
Registration and Account Security
24. Users of the Site provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
25. You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
26. You will not create more than one personal account.
27. If we disable your account, you will not create another one without our permission.
28. You will not use your personal profile on the Site primarily for your own commercial gain.
29. You will not use the Site if you are under the age of 21.
30. You will not use the Site if you are a convicted sex offender.
31. You will keep your contact information accurate and up-to-date.
32. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will notify us of any known or suspected unauthorized use of your account. You are solely responsible and liable for all activity conducted through your account (whether authorized by you or not). We will not be liable for any loss or damage arising from the unauthorized use of your account. However, you may be liable for our losses or the losses of others due to such unauthorized use.
33. You will not transfer your account to anyone without first getting our written permission.
34. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate to do so (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
35. We respect other people's rights, and expect you to do the same.
36. You will not post content or take any action on the Site that infringes or violates someone else's rights or otherwise violates the law.
37. We can remove any content or information you post on the Site if we believe that it violates these Terms or our policies.
38. We provide you with tools to help you protect your intellectual property rights. To report claims of intellectual property infringement, send an email to firstname.lastname@example.org. We will respond as promptly as circumstances allow.
39. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
40. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
41. You will not use our copyrights or trademarks, or any confusingly similar marks, without our prior written permission.
43. You will not post anyone's identification documents or sensitive financial information on the Site.
Mobile and Other Devices
44. You understand that if you access the mobile version of the Site, your carrier's normal rates and fees, such as data charges, will still apply.
45. There is currently no fee for using the Site or establishing your account, and no ability to make any purchases through the Site. If we implement any fees or purchase functionality in the future, we will notify you and provide with payment terms.
Special Provisions Applicable to Plugins
46. If you include our plugins on your website, the following additional terms apply to you:
47. We give you permission to use the Site’s plugins so that users can post links or content from your website on the Site.
48. You give us permission to use and allow others to use such links and content on the Site.
49. You will not place a plugin on any page containing content that would violate these Terms if posted on the Site.
About Advertisements and Other Commercial Content Served or Enhanced by the Site
50. The Site is currently ad-free, but we may in the future decide to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. If we so decide, in order to help us do that you agree to the following:
51. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
52. We do not give your content or information to advertisers without your consent.
53. You understand that we may not always identify paid services and communications as such.
Our Content and Proprietary Rights
54. The Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material that we provide on or through the Site, excluding content provided by our users (Our Content) is protected by copyright and other proprietary rights, all of which we own or have the right to use.
55. You may download Our Content from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from Our Content without our prior written approval.
56. You do not acquire ownership rights to your account or any of Our Content, or any other user’s content, by accessing or using the Site, and our posting of Our Content on the Site is not a waiver of any right in or to Our Content.
57. We own our name, logo, and all of our other trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site are owned by third parties and are used under licence.
58. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
59. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days’ notice (for example, by posting the change on the Site) and an opportunity to comment on changes to these Terms.
60. If we make changes to policies referenced in or incorporated by these Terms, we may provide notice on the Site.
61. Your continued use of the Site following changes to our Terms constitutes your acceptance of our amended terms.
62. If you violate these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site to you, and may suspend or terminate your account. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this agreement shall terminate, but the following paragraphs will still apply: all paragraphs that necessarily survive termination and, without restricting the generality of the foregoing, paragraphs 3, 5, 6, 8, 10-23, 32, 54 and 62-85 in particular.
63. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or the Site exclusively in the courts of Alberta, Canada, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Alberta, Canada (including federal Canadian laws applicable in Alberta) will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
64. If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Site and are not responsible for the content or information users transmit or share on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site. We are not responsible for the conduct, whether online or offline, or any user of the Site.
65. WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
66. By “the Site” we mean the features and services we make available, including through (a) our website at www.thedamedrum.com and any other www.thedamedrum.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) plugins and other similar offerings and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
67. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the Site.
68. By "content" we mean anything you or other users post on the Site that would not be included in the definition of information.
69. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the Site.
70. By "post" we mean post on the Site or otherwise make available by using the Site.
71. By “Our Content” we mean the Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material that we provide on or through the Site, excluding content provided by our users.
72. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
73. By "application" we mean any application or website or anything else that receives or has received data from us.
74. These Terms are an agreement between The Dame Drum, referred to in these Terms as “us”, “we” and “our”, and you. For clarity, in these Terms “us”, "we", and "our" refer to The Dame Drum alone and never refer to the combination of you and tThe Dame Drum.
75. These Terms make up the entire agreement between the parties regarding the Site, and supersedes any prior agreements.
76. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
77. If we fail to enforce any of these Terms, that failure will not, in and of itself, be considered a waiver.
78. Any amendment to or waiver of these Terms must be made in writing and signed by us.
79. You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent.
80. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
81. Nothing in these Terms shall prevent us from complying with the law.
82. These Terms do not confer any third party beneficiary rights.
83. We reserve all rights not expressly granted to you.
84. You will comply with all applicable laws when using or accessing the Site.
85. We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and Our Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.