Date of revision: February 5, 2021
Welcome to Drum2Run! We are happy to greet you in our services and we are thankful for your trust in Drum2Run. The text below contains the key points that you should study thoroughly in order to understand both your and our rights in regard to our Services.
Access to Drum2Run websites, associated mobile application, and services ("Services" as a whole) is provided by the Drum2Run company, in accordance with the present Terms of Service (hereafter "Terms"), and Drum2Run Privacy Policy (hereafter "Privacy Policy"). Detailed information on the Services can be found at
https://Drum2Run.com.
You agree to comply with the present Terms and other additional conditions for Services provided by Drum2Run, which are an integral part of the present Terms. You accept these conditions by clicking the registration button or using another similar mechanism, by browsing, using, or downloading from Services or uploading to Services any data or materials that are associated with the account creation. If you do not agree with these terms, do not access the Services and do not use them.
If you get access to Services, you agree not to provide access on your behalf to our Services to third parties.
The access to Drum2Run Services is not granted without processing your data. The processing of the data that you provide to Drum2Run is essential for the provision of access and operation of the application.
Your data is required to be shared with third party services we cooperate with.
Payments and fees Payment The payment is made using the built-in AppStore payment mechanism (hereinafter "Payment Method").
Subscription Some features of our Services may require paying for the Drum2Run subscription. Subscription fees can be paid either monthly or annually. All subscription fees are paid in advance. The transition from a monthly subscription plan to an annual subscription plan takes place at the beginning of the next billing date.
You agree to pay all subscription fees that are associated with your Drum2Run account.
Drum2Run has the right to change subscription fees, as well as to introduce new fees with either expanded or reduced functionality at any time, after the prior notice within reasonable timeframes.
Automatic subscription extension Subscription fees are charged automatically at the beginning of a monthly or annual period. The subscription is extended until you decide to cancel it. The subscription fee price remains unchanged throughout the entire period, unless you are notified in advance.
Cancellation of subscription You can cancel your subscription at any time in your iTunes store account.
The cancellation takes effect at the end of the current billing cycle. After the subscription expires, your account will continue to work and will switch to a free subscription. You can extend the subscription at any moment without creating a new account, but the cost of your subscription may increase.
Free trial period The subscription can start with a free trial period. The duration of such subscription lasts for the time that was specified during the registration.
If your subscription starts with a free trial period, the payment is charged at the end of that period according to the Payment Method that you have chosen (except for the cases when you cancel the subscription before the free trial ends).
Your Payment Method will be authorized for up to one month from the date you registered for the trial period, and in some cases your available balance of your chosen payment method may be reduced, however no Payment Method fees will be charged if you cancel your subscription before the end of the free trial period. You can cancel your subscription at any time in your iTunes store account.
Content You remain the owner of the information, data, text, and other materials provided by you in the Services (hereinafter "Content"), which is published openly or is transmitted through a third-party API.
You grant us a non-exclusive, transferable, sublicensed, free right to use all the Content without being compensated. The Content can be used in any channels and services that are known now or will be developed later. This right terminates when you remove Content from your account.
You understand that it is you, and not Drum2Run, who are solely responsible for the Content that is published in the Services. Drum2Run does not monitor content and does not guarantee the reliability, accuracy, and quality of Content posted by other users. Drum2Run may, at its sole discretion, control and remove any Content that violates the Terms or that is unwanted for any other reason.
You agree to accept all risks associated with the use of the Content provided in the Services. If your Content violates the Terms, you may be legally liable for it.
Any content that has been posted in the Services is not confidential.
Behavior Our Services are for your personal, non-commercial use only. It is forbidden to modify, copy, distribute, publish, license, sell for any commercial purposes any parts of the Services, the use of the Services, and access to the Content, as well as to create derivative materials based on the Services.
It is prohibited to use the Services for:
- Copying the Services in whole or their parts;
- Using, copying, modifying, reverse engineering, or any other attempts to extract the source code of the software;
- Distributing any illegal commercial advertisements;
- Collecting and obtaining information about individuals whose identity can be identified, as well as Drum2Run user accounts;
- Accessing the Services to monitor their availability, performance and functionality;
- Providing third parties with access to the Services;
- Accessing the Content using any technology or means other than those permitted by Drum2Run;
- Submitting any personal information other than the information required to register in Drum2Run;
- Publishing and distributing illegal, malicious data that may violate rights or disclose confidential information, as well as intellectual property, or that is fraudulent;
- Attempting to violate the security of the Services;
- Refusing to pay fees associated with the use of the Services;
- Committing any actions that harm minors;
- Using any automatic systems to send more requests to the Services over a specific period of time than a common person using a standard web browser;
- Reading the code by the means of the Scraping technology, and further distribution or disclosure of any part of the Services;
- Removing the copyright, trademark, or other proprietary information contained in the Services;
- Using any type of network monitoring to intercept, decrypt, and analyze packets that are used for interaction between the servers of the Services, or other data that is not intended for you.
You have the limited, non-exclusive right to create links to the Services for non-commercial use unless they do not degrade information about the Services. We can revoke these licenses for any reason in general, or your right to use specific links, for certain reasons and without them.
Certain functions of the Services may require purchasing the equipment and materials from third parties. Drum2Run can recommend these products, but is not responsible for their purchase and use. Drum2Run also does not guarantee that they will function smoothly and faultlessly with the Services.
You independently bear all costs associated with the use and purchase of such materials, equipment, and the use of these devices.
Third parties All third-party products and services provided in the Drum2Run Services are produced and offered directly by third parties. In case of purchasing or using such a service you agree to enter into an agreement directly with the respective service provider, and not with Drum2Run.
All interactions, payments, and any other conditions remain solely between you and the respective supplier.
You do not have an obligation to do business with such service providers that are present in the Services. You agree that Drum2Run will not be responsible for loss or for any other damage caused by such interaction.
Drum2Run or third parties may provide links to other Internet resources in their Services. Drum2Run does not support any content there, and is not responsible if you are on such sites or resources.
Reviews The Drum2Run team supports the feedback about us, as well as comments and suggestions that are left in our Services (collectively "Reviews"). If you provide such information, you agree to transfer to Drum2Run an international, non-exclusive, transferable and reassignable, sublicensable, permanent, irrevocable and royalty-free license to copy, use, distribute, and publicly display such Reviews. Therefore, it is not recommended to send to Drum2Run Reviews, the licensing of which is not desirable.
Disclaimer of Warranties and Liability Everything we have — information, software, products and various services — is provided "AS IS", without warranty of any kind. Drum2Run disclaims all warranties regarding this information, software, products and services, as well as the applicability for particular purposes.
Drum2Run does not guarantee:
- uninterrupted operation of the Services;
- the accuracy of the results obtained from the use of the Services;
- meeting your expectations of the quality of products, services, and information received through the Services;
- correction of any errors in the Services.
You agree that Drum2Run does not provide any medical advice through the Services. The content that is posted in Drum2Run is not medical advice from other users and is not intended to be used as a substitute for attending a doctor. If you have any health-related questions, you should contact your doctor or other health care providers as soon as possible. It is strictly not allowed to disregard the doctor's recommendations or postpone receiving recommendations due to the content provided in the Services, or the use of the Services. The transfer and receipt of our Content do not create a doctor-patient relationship between us.
You agree that your athletic training with using Drum2Run carries certain and serious risks of injury, property damage or death, and you voluntarily accept all known and unknown risks, even if they are caused in part or in whole by Drum2Run or third parties.
You agree that Drum2Run is not responsible for the results of athletic training and/or preparation for various competitions.
You agree to discharge Drum2Run from liability for your training and use of the Services, and you also promise not to apply to court for any claim.
You agree that Drum2Run, as well as its employees, will under no circumstances be liable to you or any third parties for any kind of damage.
Drum2Run does not support your content and the content of other members of the Services and disclaims any liability in relation to any individual or legal entity for any kind of damage or loss.
Guarantee against losses You agree to indemnify Drum2Run from any claims and statements, including reasonable costs of legal services taken by third parties as a result of using the Services.
Settlement of disputes The parties agree to use their best efforts to resolve any dispute through good faith negotiations, except for the disputes related to the intellectual property of Drum2Run.
You and Drum2Run hereby waive the trial by jury. In the event of judicial examination, you agree that the final decision comes from the arbitrator, even if you withdraw from this agreement.
You also agree not to participate in claims brought by the general prosecutor or his agent, or in consolidated claims involving another person's account, if Drum2Run is a party to the lawsuit.
The parties understand that in the absence of this mandatory provision, they would have the right to file an action in court and to have it heard by a jury court. They also understand that in some cases the cost of arbitration may exceed the cost of a lawsuit and their right to provide information may be more limited in an arbitration court than in a jury trial.
Waiver of class action The parties further agree that any arbitration will be conducted on an individual basis, and not in the form of a class or representative action. If any court or judge determines that the class action waiver described in this section has no legal validity or enforceability for any reason, or that the arbitration may be collective, the above arbitration clause shall be deemed invalid, and an agreement between the parties to resolve disputes by arbitration shall be deemed invalid too.
Time limits on claims You agree that any claim related to your interactions with Drum2Run and these Terms must be filed within one year of its occurrence. Otherwise, it shall be discharged indefinitely due to the time limit for claims.
Operation in the United States only These Services are operated from the Drum2Run US / Russian Federation offices. Drum2Run does not guarantee that the Content and Services will be suitable or available for use in other regions. Access to the Content or Services, or their use in the territories where these actions are illegal, are prohibited. Those who choose to use these Services outside of the United States do so on their own initiative and must comply with applicable local legislation. It is prohibited to use or export the Content in breach of the US export laws and regulations.
Termination (service operation) You agree that under certain circumstances Drum2Run can block access to the Services for any reason.
The termination of action may be accompanied by:
- Denial of access to the Services;
- Prohibition of further use of the Services.
You agree that Drum2Run is not liable to you or third parties for account termination or denial of access to the Services. After the termination of your account, the following sections remain: Content, Your Feedback, Disclaimer of Warranties and Liability, Guarantee against losses and General provisions.
General Provisions You agree that no companionship, partnership, management, employment or agency relationship arises between you and Drum2Run as a result of following the Terms and using the Services. Drum2Run's failure to comply or the absence of possibility to enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions.
You may not transfer your Account and obligations under these Terms without the prior written permission of Drum2Run.
If the competent court stated that certain provisions in the agreement are incorrect, the parties nevertheless agree that the court must make a decision as close as possible to the idea of these provisions, while the remaining provisions of these Terms remain in force.
Drum2Run may, at its sole discretion, transfer or reassign all or some of its rights under these Terms to third parties. It also has the right to use third-party contractors to fulfill its obligations under these Terms in relation to the Services.
Notices from Drum2Run, received by you by email or through messages and links in the Services, shall be acceptable under the Terms.
All rights that are not described here clearly are reserved by Drum2Run.
Changes to the Terms of Service Some provisions of these Terms may be supplemented or replaced. Drum2Run reserves the right, in its sole discretion, to update the Terms at any time and for any reason. Drum2Run will notify you of any significant changes. By continuing to use the Services after we have notified you of such changes, you accept the changed Terms. If the modified Terms are unacceptable to you, your only solution is to stop using the Services.
Drum2Run and its third party service providers may, at their sole discretion, make improvements to the described Services, products, mobile applications, features, programs and prices at any time and for any reason. In order to improve and enhance the Services, the mobile application can download and install updates and additional functionalities. Drum2Run reserves the right at any time to change or close, temporarily or permanently, the Services themselves and any their parts with or without prior notice. You agree that Drum2Run will not be liable to you or any third parties for changes, suspension or cancellation of the Services.
Support and questions Any questions about the Services and these Terms can be asked at
https://Drum2Run.com.