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Drumfly Studio
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Website Terms and Conditions

Introduction

This page contains the current legal stuff our lawyer made us put here). This Website is operated by Drumfly. Email contact to Drumfly can be found in the Contacts link above. These Terms and Conditions was last updated June 2007.

Use of Website

Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the drumfly.com website.These Terms and Conditions may Change. Drumfly reserves the right to update or modify these Terms and Conditions (including copyright and tradmark notices) at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions upon each use of this website (including all pages and content).

Copyright, Trademark, and Liability Notices

No part of this website may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of Drumfly Incorporated. Please note that the content in this guide is protected under copyright law under all conditions. The content of this website is furnished for information only and should not be construed as a commitment of any kind by Drumfly. All of the Content you see and hear on the drumfly.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Drumfly or by third parties who have licensed their materials to Drumfly.The Drumfly Logo and Drumfly Ship are pending trademarks of Drumfly. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Drumfly owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Drumfly assumes no responsibility or liability for any errors or inaccuracies that may appear in this website. Please remember that artwork, images, or text you may want to include elsewhere (such as in a project of any kind) taken from this site are protected under copyright law. The unauthorized incorporation of such material into your work could be a violation of the rights of Drumfly. Please be sure to obtain permission that is always required from Drumfly at the email address listed above before use of such material. The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of this site. You may view or listen to selected portions of the Content, provided you (1) only use the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Drumfly reserves complete title and full intellectual property rights in any Content you download from this website. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Drumfly at the email address listed above. The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Purchases

If you are not fully satisfied with your purchase, you may return the unopened package with the original packing receipt within 30 days of the order date.  The risk of loss and title to items purchased from Drumfly pass to the purchaser upon our delivery to the carrier. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to drumfly.com shall be and remain the exclusive property of Drumfly. Your submission of any such Comments shall constitute an assignment to Drumfly of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Drumfly will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork or any other User Submitted Content (including, but not limited to, text, photos, or video)

Etiquette

Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include: The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Drumfly rule or policy. The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or the impersonation of any person or entity in any part of a message. You are solely responsible for the content of any messages and/or images you submit and Drumfly assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Drumfly guests or any third party. Drumfly reserves the right to purge the content you provide. Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

References

Some of the webpages in this Drumfly website contain information only references to other protected trademarks and copyrights owed by companies other that Drumfly. Of course, the trademark and copyright rights of those companies take precedence. They are: the use of the word Adobe, the Adobe logo, ActionScript, ColdFusion, Creative Suite, Director, Dreamweaver, Fireworks, Flash, FlashPaper, HomeSite, JRun, Photoshop, Shockwave, and Version Cue are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. ActiveX, Microsoft, and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Apple and Mac OS are trademarks of Apple Inc., registered in the United States and other countries. Java and Solaris are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries. UNIX is a trademark in the United States and other countries, licensed exclusively through X/Open Company, Ltd. All other trademarks are the property of their respective owners.

DISCLAIMERS

GENERAL: THE DRUMFLY.COM WEBSITE IS OPERATED BY DRUMFLY, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, DRUMFLY, DRUMFLY.COM, AND THEIR AFFILIATES (COLLECTIVELY, THE DRUMFLY BUSINESSES) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, THE DRUMFLY BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. WITHOUT LIMITING THE FOREGOING, THE DRUMFLY BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE DRUMFLY BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM. THE DRUMFLY BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. THE DRUMFLY BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE DRUMFL BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE. UNDER NO CIRCUMSTANCES, SHALL THE DRUMFLY BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY DRUMFLY BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE DRUMFLY BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). ENFORCEMENT OF TERMS AND CONDITIONS BY ACCESSING AND USING THE DRUMFLY.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF UTAH, UNITED STATES OF AMERICA.

Thats about all I have to say about that.