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Terms of Service

GENERAL CONDITIONS OF USE OF: drummondmusique.com

PLEASE READ THE GENERAL CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the website maintained by Drummond Musique (the “Site”).

By accessing or browsing the Site, you declare that you have read and understood the general conditions of use and acknowledge that you are bound by these conditions. Please note that we may change the Terms of Use at any time without notice. Your continued use of the Site will be deemed to be your acceptance of the revised terms and conditions.

  1. INTELLECTUAL PROPERTY

All intellectual property on the Site, with the exception of user-generated content as defined below, belongs exclusively to Drummond Musique or its licensors and includes any element protected by copyright, trademark or patent. All registered, registered and/or licensed trademarks are the property of Drummond Musique. All content on the Site, except user-generated content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well as any other content, constitutes a collective work under Canadian law or under any other copyright law and is the property of Drummond Musique.

All rights reserved.

  1. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information of our design, or any other material that may assist you in your use of the Site or services (“Company Content”). Company Content may not be used for any purpose other than the use of the Site and the services offered on the Site. Nothing contained herein shall be construed as granting any license or intellectual property rights to you.

3.USER-GENERATED CONTENT

“User Generated Content” includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds, or other content that you and/or other users of the Site post or make available on or through the Site, except for content that is our property.

4. USER ACCOUNT AND USE OF THE ACCOUNT

If your use of the Site requires an account identifying you

(a 'user account'):

  1. a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords linked to your user account as well as the activity from anyone who has access to your account with or without your permission;
  2. b) you agree to immediately notify us of any unauthorized use of your user account, services through your user account, a password linked to your user account or any other breach of security of your user account or service provided through your user account, and you agree to assist us, as may be requested, to stop or remedy any security breach related to your account; And
  3. c) you agree to provide true, accurate and current user information as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information you we have about you are true, accurate and current.
5. PAYMENT

When you make a purchase on the Site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.

If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these terms and conditions of use or if we are of the opinion that by doing so we can prevent financial loss.

To prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share details of any payment you are associated with if we believe that such action could prevent financial loss or violation of law.

Payment for any ongoing service will be billed automatically until you notify us that you wish to terminate that service.

6. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible in all information regarding goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to any product and you acknowledge and agree that the purchase of such products is at your own risk.

7.SHIPPING, DELIVERY AND RETURN POLICY

See the sections Delivery policyand Return policy and Guarantees

8. MARKETING AND AFFILIATE ADVERTISING

Through the Site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorships from commercial businesses or receive other forms of advertising compensation.

9. ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any other purpose prohibited under this clause. You agree not to use the Site in any way that could harm the Site, the services or the commercial activity of Drummond Musique.

You also agree not to use the Site for the following purposes:

  1. (a) harass, abuse or threaten another person or otherwise violate the rights of any person;
  2. b) violate the intellectual property of Drummond Musique or any other third party;
  3. c) upload or transmit computer viruses or any other malicious software that could damage the property of Drummond Musique or others;
  4. d) commit fraud;
  5. (e) create or participate in any illegal gaming, lottery or pyramid scheme;
  6. f) publish or distribute obscene or defamatory material;
  7. g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and or
  8. h) unlawfully collect information about others.
10. PRIVACY PROTECTION

By using our Site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and any country in which we may operate.

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on your use of our Site, we may also receive information from external applications that you use to access our Site or we may receive information about you through various web technologies such as cookies , histories, pixel tags (also called “clear GIFs”), tags and others.

We use the information collected from you to ensure that you have a good experience on the Site. We can also trace part of the passive information received to improve our analytical marketing[1] and, to do this, we may work with third-party providers.

If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive the information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for a period of one (1) year from the date of termination. After this time, all information about you will be deleted.

11. REVERSE ENGINEERING AND SECURITY

You may not take any of the following actions:

  1. a) reverse engineer or disassemble any code or software on or from this Site;
  2. b) violate or attempt to violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data exploitation or interference with any host, user or network.
12.DATA LOSSES

We are not responsible for the security of your user account or the content of your account. Use of the Site is at your own risk.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Drummond Musique and its affiliated companies against any claim, suit or demand, including attorneys' fees, which may arise from or relate to your use or abuse of the Site, your violation hereof or your conduct and actions. If we choose to do so, we will choose our attorney and participate in our own defense.

14. POLICY REGARDING SPAM

You are strictly prohibited from using the Site or any service offered on the Site for the purposes of illegal spam-related activities, including collecting addresses and personal information of others or sending mass commercial emails. .

15. LINKS AND THIRD-PARTY CONTENT

We may post links to third-party sites or services. We are in no way responsible for damage or losses related to the use of third party services linked to on our Site.

16. INDEPENDENCE OF CLAUSES

If one of these clauses is recognized as illegal, declared void or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.

17. SERVICE INTERRUPTIONS

We may have to interrupt your access to the Site in order to carry out unscheduled maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated unavailability, for any reason, and that we will not be liable for any damage or loss arising from such unavailability.

18. TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the Site in our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the Site or equipment or network belonging to us or a third party that is disrupted by your use or abuse of the Site or if you have been or are currently in violation of the terms hereof. We will have no liability to third parties, including any third party provider, for any suspension, limitation or termination of your access to the Site.

19. NO WARRANTY

Although we have made reasonable efforts to ensure that the content on this Site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error found on the Site. Drummond Musique reserves the right to make modifications or corrections at any time. Prices are also subject to change without notice, and Drummond Musique will not be held responsible for honoring incorrect or inaccurate prices.

We assume no responsibility for any damage arising from the misuse of the content of the Site. We also cannot guarantee that the Site will be available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the Site and the servers that make it available are free of viruses or harmful components. The Site and its content are provided “as is” and “as available” without any representation, warranty or condition of any kind, either express or implied.

If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and current information about yourself as prompted by the relevant registration or subscription process, and to ensure their accuracy by making necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you at the time of registration or subscription on Drummond Musique or its partners and to assume responsibility with respect to all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or membership account. We cannot be held responsible, directly or indirectly, for any loss or damage of any kind arising from or relating to your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and delete any information or content relating to the Site or any of the services offered (and terminate your use of it), for any reason whatsoever, including if we believe that you have violated these conditions. Further, you agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with Drummond Musique or one of its services, or with any of these conditions, rules, policies, guidelines or our practices relating to the operation of Drummond Musique or one of its services, your only recourse is to cease using the Site or service in question.

20. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that any information or materials you provide electronically through access to or use of this Site are neither confidential nor proprietary, except in the extent required by applicable laws and that unprotected electronic mail communications over the Internet may be intercepted, altered or lost.

For more information, please consult our Privacy Policy at the following address: https://drummondmusique.com/policies/

21. LIMITATION OF LIABILITY

We are not liable for any damages you may suffer arising from your use of the Site, to the fullest extent of the law. The maximum liability of Drummond Musique arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Drummond Musique in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, tort or fraud of any kind.

22.QUESTIONS AND ADDITIONAL INFORMATION

For any questions or for further information, please contact us at the following address:

 

[1] Analytical marketing is a very broad concept which brings together all the techniques intended to process customer information to optimize the implementation of marketing actions. Illustrated encyclopedia of marketing, B. Barthelot, 2015-03-21