1.
Welcome to Play Drums Online
1.1
These terms and conditions are provided to provide you with necessary agreements that you agree to using Play Drums Online. If there is anything that you do not understand please feel free to write an email to info@playdrumsonline.com and ask any questions. It is important that you read and understand these terms and conditions before using Play Drums Online.
2.
What and who is Play Drums Online
2.1
Play Drums Online operates a platform which allows you to play (drum) along with your favorite music. You can select songs, add songs, create music sheets and connect with your midi or use your keyboard.
2.2
Play Drums Online is founded and owned by Mobilefunk, The Netherlands.
2.3
The term ‘ Play Drums Online ‘ or ‘us’ or ‘we’ refers to the owner of this website. The term ‘ you’ refers to the user or viewer of our website. You are free to use the website, please note that the use of this website is subject to the following terms of use:
3.
Terms of use in general
3.1
By creating an account with us or using and accessing Play Drums Online you agree to these terms and conditions. If you do not agree to these Terms and Conditions, please do not browse or otherwise access or use the website.
4.
Content and services
4.1
The content of the pages of this website is for your general information and use only. It is subject to change without notice. These terms and conditions might change without previous notice.
4.2
The services and content provided by this website may change at any time. New services and content might also be added, and content and services might be removed without notice.
4.3
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4.4
This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
4.5
This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
4.6
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Netherlands.
5.
Liability
5.1
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
6.
Privacy
6.1
Your privacy is important to us. We use cookies to personalize content, to provide social media features and to analyze our traffic. We might also share information about your use of our site with our social media, advertising and analytics partners. By using this website you agree that we use cookies for storing information related to your Play Drums Online experience.
7.
Creating your own account
7.1
To access Play Drums Online it is not necessary to register as a user. However if you want to save your progress and preferences you can register and create an account. Also if you would like to use our premium tools you can register and create an account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
7.2
You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Service.
7.3
You may connect to our Service with a third-party service (e.g. Facebook or Google) and you give us permission to access and use your information from that service as permitted by that service. If you do connect to Play Drums Online through a third-party service, your use of the third-party service is subject to the terms of that service.
7.4
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at info@playdrumsonline.com straight away to let us know.
7.5
We may use any information submitted to provide you with further information about the products / services we offer, or to assist you in answering any questions or queries you may have submitted.
7.6
Users who create an account are automatically subscribed to the Play Drums Online mailing list, but can unsubscribe at any moment by following an appropriate link included in any automated email sent by us. Your details are not passed on to any third parties.
8.
Your right to use the service
8.1
The materials and content comprising the service (excluding user content) belongs to us and we give you permission to use these materials and content for the sole purpose of using the service in accordance with these Terms and Conditions.
8.2
Your right to use the service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your account to another person. Your right to use the service does not stop us from giving other people the right to use the Service.
8.3
Other than as allowed in these Terms and Conditions you are not given a right to use the "Play Drums Online" name, or any of the "Play Drums Online" trademarks, logos, domain names and other distinctive brand features.
8.4
You agree that you have no rights in or to our Application or any portion of the Service other than the right to use them in accordance with these Terms and Conditions.
9.
User generated content
9.1
You confirm that music, sounds, text or information that you make available or create whilst using the Service shall be made available for other users with your permission.
9.2
You have no rights or ownership to any content created on Play Drums Online other than to use and publish your content on Play Drums Online.
9.3
You agree not to copy our application or any portion of the service; (1) not to give or sell or otherwise make available our application or any portion of the Service to anybody else; (2) not to change our application or any portion of the service in any way; (3) not to look for or access the code of our application or any portion of the service that we have not expressly published publicly for general use.
9.4
We do not check or moderate any user content before it is added to the service by users. We may check, moderate, reject, refuse or delete any user content at any later moment.
9.5
We do not claim ownership in your user content. Instead, you grant us a worldwide, nonexclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, licence, sub-licence, and exploit the User Content anywhere and in any form for the purposes of providing our service (including allowing our users to view your user content).
9.6
You have no rights to specific songs; the same song can be added by multiple users.
10.
Rules of Acceptable Use
10.1
In addition to the other requirements within these Terms of Service, this clause describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
10.2
When using Play Drums Online you must not: circumvent, disable or otherwise interfere with the integrity of or any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service; create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service); give any false or misleading information in your account details; impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Play Drums Online, if this is not the case; permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you; use the Service if we have suspended or banned you from using it; send junk, spam or repetitive messages; advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; modify, interfere, intercept, disrupt or hack the Service; misuse the Service by knowingly introducing, accessing or transmitting viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment; collect any data from the Service other than in accordance with these Terms of Service; submit or contribute any content that contains nudity or violence or is abusive, harmful, threatening, obscene, misleading, untrue or offensive; submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties; use any User Content in violation of any licensing terms specified by the owner; submit or contribute any information or commentary about another person without that person's permission; threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms and conditions, and may result in our taking all or any of the following actions (with or without notice): immediate, temporary or permanent withdrawal of your right to use our Service; immediate, temporary or permanent removal of any User Content; issuing of a warning to you; legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3
The responses described in clause 10.2 are not limited, and we may take any other action we reasonably deem appropriate.
11.
Payments
11.1
You may access parts of Play Drums Online for free, but other services and products require payment of subscription fees. By choosing to access the paid content and making the payment, you authorise us to charge you for all the costs and charges you owe. We offer no guarantees to the accuracy or correctness of the paid services and products. Fees may be based on one-time or subscription payments as fully described on Play Drums Online website. If you choose to sign up for a monthly or other time-based membership, you understand and authorise that your account will automatically renew until cancelled, and give permission for such billing transactions to take place. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your account(s). Please note that we may use a third-party payment processor to facilitate your payments.
12.
Billing & renewals
12.1
Play Drums Online subscription plans are billed in one payment for the term. This means, for example, that if you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a yearly plan, you will be charged for the entire year term at one time. The pricing terms applicable to your account may vary depending on promotions, type of subscription, and the term you select at the time of purchase
12.2
All our subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription, you acknowledge and agree that we are authorised to use the payment information on file for the renewal fee. You may cancel automatic renewal at any time before that date through your Account page.
12.3
If you signed up with a promotion, your renewal rate may be higher than your initial rate. Please refer to promotion terms or the confirmation email sent after your initial purchase to review details about the renewal amount and the date of the next renewal.
13.
Pricing change
13.1
Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you an opportunity to change your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal.
14.
Refunds
14.1
Our yearly and lifetime subscriptions offer a 14 day, 100% money back guarantee. You may receive a refund by reclaiming your refund within 14 days of your purchase by contacting our support. After that 14 day window, we will not provide a refund. We do not offer partial refunds, and we do not offer refunds for monthly subscriptions. Money back guarantee is only valid for new customers and upgrading your plan does not result to money back guarantee.
15.
Notice and takedown policy
15.1
Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to info@playdrumsonline.com Please provide the information described below in the Infringement Notice: your name and contact details; a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and a link to or such other means of identifying the problematic content.
15.2
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim respond to you within a reasonable period of time on the action we propose to take.
16.
Ending our relationship
16.1
If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
16.2
If you wish to end your use of the Service, please follow these instructions for deactivating your account in the settings feature of our Service.
16.3
If you fail to pay any sum due to us and such sum remains outstanding for a further fourteen (14) days following notice requiring such sum to be paid we may cancel your Account immediately by notice and without responsibility to you.
16.4
We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
16.5
We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content
16.6
If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.
17.
User Content
17.1
Our Service makes user content available and we do not produce User Content and cannot be responsible for it in anyway.
17.2
Where you follow a link to other sites or resources and make a purchase from that site or resource the purchase is solely between you and the seller. Complaints, questions and claims related to the sale item should be directed to the seller.
17.3
We are not the seller of any item you purchase from third parties, we have no control and do not give any commitment relating to the existence, quality, genuineness of the item, the truth or accuracy of the picture or description of the item or any other content made available by the third party.
18.
Our liability/responsibility to you
18.1
Unfortunately, due to the nature of the Internet and technology, the Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
18.2
To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of Service.
18.3
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
19.
Resolving disputes
19.1
If you have a dispute with us relating to the Service, in the first instance please contact us at info@playdrumsonline.com and attempt to resolve the dispute with us informally.
19.2
In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
20.
Changes to the Service
20.1
We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use and your User Content ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.
20.2
You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account in the settings feature of the Service.
20.3
We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.
21.
Changes to the documents
21.1
We may revise these Terms of Service from time to time but the most current version will always be available at www.playdrumsonline.com
21.2
Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
21.3
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
21.4
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
22.
Documents that apply to our relationship with you
22.1
The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
22.2
We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannotbe enforced then the remainder of the Terms of Service will still apply to our relationship.
22.3
If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
23.
Law
23.1
As we are based in the Netherlands, Dutch law will apply to all disputes and the interpretation of these Terms of Service. The Dutch courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
24.
Contact, feedback and complaints
24.1
If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at info@playdrumsonline.com
24.2
We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
25.
Third parties
25.1
Playdrumsonle.com uses the YouTube API Services to search youtube and get video information.
25.2
By using this website you agree with https://www.youtube.com/t/terms
25.3
You can find the Google Privacy Policy here: https://policies.google.com/privacy
25.4
You can always change the websites permissions here: https://myaccount.google.com/permissions
1.
Summary
This cookie policy explains what cookies are and how Mobilefunk, ("we", "us" or "our") uses them on www.playdrumsonline.com (our "site"). We encourage you to read the policy in full so that you can understand what information we collect using cookies and how that information is used. By using our site you are agreeing that we can use cookies in accordance with this policy. You can usually change the settings of your browser to modify the permissions you give to us and third parties for the storing of and gaining access to cookies on your device.
2.
What are cookies?
Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer, tablet or smartphone) when you visit a website. Cookies can be recognised by the website that downloaded them - or other websites that use the same cookies. This helps websites know if the browsing device has visited them before.
3.
What are cookies used for?
Cookies do lots of different jobs, like helping us understand how our website is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.
4.
What types of cookies are used by Play Drums Online?
The types of cookies used on our site can generally be put into one of the following categories: strictly necessary; analytics; and functionality. Please read more about these cookies:
Strictly Necessary Cookies
These cookies are essential to make our site work. They enable you to move around the site and use its features. Without these cookies, services that are necessary for you to be able to use our site such as accessing secure areas cannot be provided.
Analytics Cookies
These cookies collect information about how people are using our site, for example which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. All information these cookies collect is grouped together with information from other people's use of our site on an anonymous basis. Overall, these cookies provide us with analytical information about how our site is performing and how we can improve it.
Functionality Cookies
These cookies allow us to remember choices you make and tailor our site to provide enhanced features and content to you. For example, these cookies can be used to remember your user name, language choice or country selection, they can also be used to remember changes you've made to text size, font and other parts of pages that you can customize.
You can see a list of some of the specific cookies which are most frequently used by us in the section below entitled "Cookies used by Play Drums Online".
5.
How long will cookies stay on my browsing device?
The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie.
Session cookies will only stay on your device until you stop browsing.
Persistent cookies stay on your browsing device after you have finished browsing until they expire or are deleted.
First and third-party cookies
"First party cookies" are cookies that belong to us and that we place on your device. "Third-party
cookies" are cookies that another party places on your browsing device when you visit our site.
Third parties setting cookies from our website will be providing a service to us or a function of the site but we do not always control how third party cookies are used. You should check the third party's website for more information about how they use cookies. Details of third parties that set cookies through our website can be found in the section below entitled "Cookies used by Play Drums Online".
6.
How to manage cookies from this site
You can withdraw or modify your consent to our use of cookies at any time. If you want to withdraw or modify your consent, you can usually use the browser that you are viewing this site through to define the conditions of storing or gaining access to cookies and in particular to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note that if you set your browser to disable cookies, you may not be able to access secure areas of the site and other parts of the site may also not work properly. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
Some third parties may use Advertising Cookies to help gather information about your browsing
activity so that they can deliver website advertising to you that is relevant to your interests. The
advertising industries in the EU have developed a scheme to help you opt-out of receiving cookies used for these purposes. You can find out more about the EU scheme from www.youronlinechoices.eu.
7.
Questions
If you have any questions about this cookie policy, please contact us by email at info@playdrumsonline.com This cookie policy was last modified on Saturday, 27 February 2016.