Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of, and access to, the websites owned and operated by Drum Workshop, Inc., including its successors in interests and assigns (collectively referred to as “DW” or “We”), such websites including without limitation dwdrums.com, lpmusic.com, pacificdrums.com, and any other website where these Terms and Conditions are posted (each a “Website” and collectively the “Websites”).
The Websites and related services and features are referred to herein collectively as the “Service.” Your use of this Service, including without limtiation the purchase of any DW products through any of the Websites, means that you accept and agree to these Terms and Conditions. If you do not agree, do not use the Service.
Please note that your licensing of DW or Roland software is governed separately by the applicable Roland Cloud policies.
We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
If you do not have legal capacity to enter into the agreement created by these Terms and Conditions, you cannot use the Service unless and until DW receives the consent of your parent or legal guardian.
Tax will be applied to your order if it is delivered from the same state or province as your shipping address. Some areas require tax to be assessed on shipping and handling charges. We don't know the fulfillment location until after you place your order, so your checkout screen and order confirmation email may not include taxes. When you check out, you can view the shipping and handling charges for your order. In the rare case that shipping and handling charges exceed the amount shown, we will notify you. Your state or province may require tax to be applied to shipping and handling charges.
DW only ships within the United States of America, excluding the regions: Alaska, Armed Forces Africa, Armed Forces Americas, Armed Forces Canada, Armed Forces Europe, Armed Forces Middle East, Armed Forces Pacific, Guam, Hawaii, Marshall Islands, Northern Mariana Islands, Palau, Puerto Rico and the Virgin Islands.
DW Standard: purchases of $0.01 to $99.99 (includes taxes) = $9.99 shipping fee; $100-$249.99 = $19.99 shipping fee; Over $250 = $29.99. The foregoing rates may not apply to promotional offers. In all events, and notwithstanding any conflict with the foregoing, DW reserves the right in its sole absolute discretion to determine shipping charges. Tax and duty fees may be charged by your country when your order arrives. Those additional charges are your responsibility.
To return a product, contact info@DWDrums.com to initiate a return and we will email you instructions for returning your product. Please ship your unused product, in its original packaging, to the address identified in our email. Original delivery fees are refunded only if returns are for defective products, products damaged during shipping, or incorrect orders. You are responsible for shipping the products back to us. We recommend using a trackable shipping method. We are not responsible and will not issue refunds for items lost in shipping. Individual products may be excluded from this return policy. Please check the product description before you place your order.
If the return is due to defective products, damage caused during shipping, or an incorrect order, contact info@DWDrums.com to initiate the return. In these cases, you may be compensated for the return shipping. If an order arrives to you with obvious shipping damage, please refuse the delivery. If you have accepted delivery and then find shipping damage, please call the fulfiller immediately using the contact information included with the order. Please save all packaging material and paperwork for the order if shipping damage is a possible issue. If you dispose of packaging material or attempt to return the merchandise without contacting the fulfiller, you jeopardize our chances of making a claim, and you may not receive credit for the return.
The billing address you provide must match the billing address that is on file with the financial institution that issued the payment card. If a payment card authorization fails, we reserve the right to cancel your order without notifying you. Service Provider cannot resolve payment card problems with your credit card company or financial institution if a payment card is declined. It is your responsibility, as a consumer, to settle such problems with the issuing institution.
We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
APO and FPO Addresses:
When you request that your order ships to an APO or FPO address, the package will ship SAM (Space Available Mail). SAM is no additional charge and will ship your package from the APO or FPO address via the next available boat.
Price and Description Changes:
All prices, pictures, descriptions, and availability of products on this Website are subject to change without notice in DW’s sole absolute discretion. We maintain no responsibility for inadvertent errors. Please contact us within thirty (30) days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on the Website at that time.
Errors on the Website:
DW also reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase when your order is cancelled, DW will issue a credit to the payment method used in the amount of the charge.
Order Questions or Changes:
If you have recently placed an order and need more information or would like to change your order, please contact us as provided in the “Contact Us” section below.
By using the Service, including any software and content contained therein, you agree that your use of the Service is entirely at your own risk. The Service is provided to you as a convenience to provide information relating to, and to discuss, DW products and related resources, but we do not guarantee the accuracy or completeness of such information. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, DW DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DW THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability:
NEITHER DW NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (i) YOUR USE OF THE SERVICE, (ii) INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (v) STATEMENTS OR CONDUCT OF DW OR ANY THIRD PARTY ON THE SERVICE, OR (vi) OUT OF ANY BREACH OF ANY WARRANTY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF DW, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH STATE LAW.
WITHOUT LIMITING THE FOREGOING, IN THE EVENT DW BEARS LIABILITY FOR DAMAGES, LOSSES, OR OTHERWISE IN CONNECTION WITH ANY CAUSE OF ACTION RELATED TO THE SERVICE, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, TO DW IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE ALLEGED LIABILITY OR ONE HUNDRED AND FIFTY DOLLARS ($150), WHICHEVER IS GREATER.
Your Use of the Service:
Your ability to use the Service is subject to you adhering to all Terms and Conditions at all times. Except as strictly necessary for you to utilize the Service, we do not grant you a license to any content, features or materials you may access via the Service, including without limitation any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property included in the Service. Except as may otherwise be explicitly authorized in writing on the Website, you may not for any purpose download or save a copy of any of the Service’s screens or “content” (which includes information, data, software, photographs, graphics, and all other materials expressed in whatever format), nor modify them, or any portion thereof. You may, however, print a copy of the content on this Website for your sole personal use or records, and access the Service on a single computer, provided that you do not (and do not allow any third party to) (i) distribute, copy, modify, create a derivative work of or based on, reverse engineer, reverse assemble or otherwise attempt to discover any source code, content or any portion of the Service, or (ii) sell, rent, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the content or Service.
You may be required to register before you are permitted access to certain portions of the Service. To register, and to maintain your status as a registered user, you must provide, and update as necessary, the requested registration information, which must be current, accurate, complete and truthful at all times. If we have reasonable grounds to believe that your registration information is not current, accurate, complete or truthful, we may without notice suspend or terminate your access to the Service, including terminating your access to any information you may have stored on the Service.
The confidentiality of the access credentials, account itself, and any activity that occurs under your account are your responsibility. You agree to notify DW immediately of any unauthorized use of accounts or any other breach of confidentiality or security. The use of another person’s access credentials is expressly prohibited. You acknowledge that the use of the implemented authentication methods are an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining strict confidentiality of your access credentials; (2) not allowing another person to use your access credentials; (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your access credentials; and (4) promptly informing DW in writing of any need to deactivate an account due to security concerns or otherwise. DW is not liable for any harm related to the misuse or theft of access credentials, disclosure of access credentials, or your authorization to allow another person or entity to access and use the Service using your access credentials. You will be held liable for any harm ensuing from the use of your account in connection with the Service.
The Service and any software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, which you may not infringe upon or use in any manner except as expressly permitted under these Terms and Conditions. DW is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Service, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. If you make other use of this Website, except as expressly permitted under the Terms and Conditions, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Our use of any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property found on this Website does not convey to you any license or other authorization to such marks or materials.
In connection with your use of the Service, you may have the opportunity to review or access confidential information, materials, products, and content (“Confidential Information”) belonging to DW or our customers, partners, or licensors. Confidential Information is and shall remain the sole and exclusive property of its owner. In no event shall you obtain any right, title, or interest in or to any Confidential Information. You agree to protect the confidentiality and secrecy of the Confidential Information. You agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Confidential Information without the prior express written consent of DW. All communications from you related to the Service, including without limitation content submitted or transmitted by you to DW, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and content.
Third Party Provided Content:
Certain information contained on this Website, as well as reference materials or links to other sites, are provided for general informational purposes only, and are not intended to be relied upon for any purpose. Neither DW nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon, nor does DW warrant that the content is accurate, complete or truthful.
You further acknowledge that by using the Service, you may access content which you might consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any content. DW is not liable for any content, including but not limited to any errors or omissions in any content or for any loss, damage or injury of any kind resulting from your, or any other party’s, use of content distributed or otherwise made available via the Service.
User Conduct On the Service:
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
While using the Service, you may not:
upload, post, publish, transmit, reproduce, e-mail, or distribute in any way, any content obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining the express written permission of the copyright, trademark or patent owner or other rights holder and of DW; or
upload, post, publish, reproduce, e-mail, transmit or distribute in any way, any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
upload, post, publish, reproduce, transmit, e-mail or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
upload, post, publish, reproduce, e-mail, transmit or distribute in any way via the Service any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
upload, post, publish or transmit via the Service any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, false, harassing, tortuous, vulgar, invasive (of another’s privacy), hateful, or racially, ethically or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute illegal activity, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
upload, post, publish, transmit, reproduce, e-mail, distribute or in any way exploit any content obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such content); or
restrict, interfere with, or inhibit any other user from using and enjoying the Service; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding; or
impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
post or transmit any information or software into the Service which contains a virus, trojan horse, worm or other harmful component; or
harm minors in any way; or
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or
collect or store personal data about other users for any purpose; or
intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that all content accessed through the Service is the sole responsibility of the individual party that posts such content. This means that you, and not DW, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise distribute via the Service. Further, DW has no responsibility to you with respect to content uploaded, posted, e-mailed, transmitted or otherwise distributed to you via the Service by other parties.
We do not pre-screen or have an obligation to monitor the content posted by you, or any other party, on the Service. You acknowledge and agree, however, that we do, in our sole discretion, retain the right to monitor the Service and remove or move any content made available via the Service. We also may disclose any information as we may deem necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, to protect DW, its customers, or users of the Website. We will not intentionally monitor or disclose any private electronic-mail message which you have directed specifically and solely to DW, unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that we, in our sole and absolute discretion, deem to be unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
All information and content made available via the Service, including but not limited to all content posted on the Website’s message boards, shall be deemed and remain the property of DW, and we shall be free to use, for any purpose (including commercial exploitation), any ideas, concepts, know-how or techniques contained in any information or content which any user makes available through this Website. DW shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by DW or required by law.
Links from and to the Service:
You acknowledge and agree that DW and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites (if any). Links to external Websites do not constitute an endorsement by DW or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external Websites or resources.
Failure to Comply With Terms and Conditions and Termination:
You acknowledge and agree that we may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole and absolute discretion, believe violate or may violate any of these Terms and Conditions, violate or may violate the rights of DW or any of our customers, partners or licensors, or is otherwise inappropriate for continued access.
You agree to indemnify, defend, and hold DW and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or relating to in any way (a) your use of the Service; (b) the placement or transmission of any message, information, software or other materials through the Service by you or any users of your account; (c) any violation of these Terms and Conditions by you or any users of your account; (d) violation by you or any users of your account of any applicable law, rule, regulation; or (e) violation by you or any users of your account of any third-party rights, including without limitation third-party intellectual property rights.
Copyright Infringement Claims:
If you believe material located on the Website or elsewhere on the Service violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (“DMCA”) policy outlined herein. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent (“Copyright Agent”). Our designated Copyright Agent to receive notifications of claimed infringement is:
3450 Lunar Ct.
Oxnard, CA 93030
Attn: Intellectual Property Department
We reserve the right to change, suspend, add to, or discontinue any aspect of the Service, or to change any information on this Website, including but not limited to terminating the Service or revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website, if any, may provide you with access to third party websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the Service” above.) The content of this Website may vary depending upon your browser functionality and limitations.
You and DW each agree that venue for any dispute hereunder shall be located within Ventura County, California, or may proceed telephonically if the parties so agree. The Terms and Conditions and the relationship between you and DW shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Notwithstanding the foregoing, you agree to comply with all local rules, in whatever jurisdiction, including those outside of the United States, regarding online conduct and the use of personal information. You further agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside and from which your access to the Service originated.
These Terms and Conditions contain the complete, full, and exclusive understanding of the parties as to its subject matter. The failure of DW to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
3450 Lunar Court
Oxnard, CA 93030