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Terms of Use

Terms of Use
Updated  August 14, 2021

INTRODUCTION SUMMARY

You understand and affirm that once you have clicked on the "Agree" button upon accessing the site for the first time, this site's User Agreement carries forward for all future access to your site, regardless of whether you ever see the User Agreement pop-up again during future visits to the site, and it is your responsibility to stay current with any changes with regards to Cookies, Privacy and Terms of Use related to using the site. 

Based on your particular browser, along with your particular browser settings, or by any technical glitch beyond my control, you understand that the possibility always exists that you may enter this site having bypassed the User Agreement pop-up. You understand and affirm that this is in no way my responsibility, and understand, and agree, that it is ultimately your responsibility to make yourself familiar with all of the user stipulations that we have provided in the footer (bottom) section of each and every page of our site, and that your acceptance to all stipulations of our User Agreement is implied by your accessing and surfing our site, as it is positively your obligation to make sure that you understand any stipulations regarding Cookies, Privacy, and Terms of Use on any site that you visit on the internet.

By using this site, including simply viewing content without providing any correspondence, or providing me with any contact information, you are agreeing that you, and, or, each person you allow to access this site, will abide by the terms of our Terms of Use (“Terms”, or “User Agreement” as detailed below), which is summarized here, and set forth in its entirety below.

These Terms of Use are between you and Larry Cox Drums (the “Service” as detailed below), and it governs your access to, and use of, my services, websites, and applications offered by me (the “Service” as detailed below). Your access to and use of the Service is conditioned on your acceptance of and compliance with this agreement.

The following Terms of Use information describes all of the conditions on which I offer you access to the Services, defined below. Capitalized terms used in this Terms of Use shall have the meanings set forth below under “Definitions”, or in the text of these Terms.

DEFINITIONS

"Terms of Use" (or “Terms”, or “Agreement”, or “User Agreement”) - the conditions under which you, the viewer, and, or, content presenter, are bound by in using any of my Services.

“Site” (or “Larry Cox Drums, or “larrycoxdrums.com”) - this website.

"Content" - in its most general sense, anything seen, present, hosted, or available in any way, on my Site.

“Service” ("My Services" or “Services”) - shall mean Larry Cox Drums, this site, or other services offered by me, including, but not limited to, those described in this Agreement, whether through a website owned, or controlled, by me, or via a social networking system, a mobile application, on your cellphone, or otherwise any other device.

GENERAL ACCEPTANCE OF TERMS

My allowing you to access our Service is conditioned on your agreement to all of the conditions contained in these Terms. If you do not agree to be bound by these Terms and conditions in their entirety, you must cease accessing, or otherwise using, the Services and my Site in any way. Your use of any of the Services and Site constitutes your acceptance of, and agreement to, these Terms.

I may amend these Terms at any time at my sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted, or by communicating these changes through any written contact method that I have established with Site viewers. Your use of the Services and Site following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Services upon such publication, your relationship with this site will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages that I may send you to inform you of any changes.

USER CONDUCT, EXCLUSIVE CONTENT LICENSE & SUBMISSION POLICY

Larry Cox Drums (“larrycoxdrums.com” or “I”, "me", “we”, "our", or “us”) operates this website , including any of my websites, social media pages and apps (the foregoing shall hereinafter be collectively referred to as the “Platform”).

This Exclusive Content License & Submission Policy (“Agreement”) describes the agreement between you and me with respect to any content or materials, including photos, videos and written pieces (collectively, “Your Content”), added, submitted, distributed, or posted via this Site by any means including, without limitation, via upload, e-mail, and governs your rights, licenses, obligations and restrictions regarding submission of Your Content to the Platform.

EXCLUSIVE LICENSE GRANT

By submitting Your Content to me in any manner, and in consideration for the opportunity to have Your Content distributed to me, you retain the rights to such Content, and grant me the rights to utilize such Content in the performance of my duties.

The rights granted by you to me are exclusive to the performance of my duties and I will not use any such Content for my own purposes.

To the extent any of Your Content you submit includes name, image, text, voice, performance, or any other content belonging to a third party on your end, the same shall apply, and you affirm that you have the approved rights to provide me with such Content. Should you not have such approved rights from such a third party, I will not be held liable for any copyright infringement, or any violation of said third-party rights with regard to my utilization of such Content that you have provided to me for utilization in the performance of my duties.

Subject to these grants, you, or your third-party associates, retain any and all rights which may exist regarding any such Content provided to me for the performance of my duties.

PROHIBITED CONTENT

You are prohibited from submitting content, or materials, that:

1.    Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
2.    You have previously sold to or exclusively licensed to another party.
3.    Is defamatory, slanderous or libelous.
4.    Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
5.    Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
6.    Depicts or encourages dangerous activities.
7.    Is abusive, threatening, or obscene.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that any content submitted to me will not violate any of the prohibitions described above.

Without limiting the foregoing, you further represent and warrant that:

1. You did not, without necessary permission, copy, rip, download, or otherwise take Your Content from any third party.
2. You have not previously granted, nor will you in the future grant, any rights to Your Content to any third party.
3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Content in the manner contemplated by this Agreement and that Your Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
4. You have the express consent of every party prominently featured in Your Content to license Your Content to us for the uses contemplated under this Agreement.​

INCORPORATION OF TERMS OF USE

This Agreement supplements our entire Terms of Use , the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing the submission of Your Content. By submitting Your Content, you are representing that you have read and agree to both agreements.

Please email me at contact@larrycoxdrums.com with any questions.

INDEMNITY

You agree to defend, indemnify and hold me harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data, or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim, or damages, that arise as a result of any of your Content, or any that is submitted via your account; or (vi) any other party’s access, and use of, the Service with your unique username, password, or other appropriate security code.

WARRANTY, DISCLAIMER, AND LIMITATIONS OF LIABILITY

Your access to and use of my Service at your own risk.

SERVICES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MY SERVICES DISCLAIM ALL WARRANTIES, EXPRESS, OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

I makes no representations, or warranties, of any kind with respect to the Service, including any representation, or warranty, that the use of the Service will (a) be timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system or data, (b) meet your requirements, or expectations, (c) be free from errors, or that defects will be corrected, or (d) be free of viruses, or other harmful components. We make no representations, or warranties of any kind, with respect to Content; user Content, in particular, is provided by, and is solely the responsibility of the users providing that Content. No advice, or information, whether oral, or written, obtained from Us, or through My Service, will create any warranty not expressly made herein.

Release From Liability: You release, to the fullest extent permitted by law, My Services, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, the following: (i) Disputes between users, including those between you and other users; (ii) Third party sites and services, including Content found on such sites and services; (iii) Disputes concerning any use of, or action taken, using your account by you, or a third party; (iv) Claims relating to the unauthorized access to any data communications, or Content stored under, or relating to your account, including unauthorized use, or alteration of such communications, or your Content.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY SERVICES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND, OR, DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND, OR, (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT I HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MY SERVICES AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND, OR, DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS USD ($100 USD), OR THE AMOUNT YOU PAID US TO USE ANY APPLICABLE SERVICE(S).

WAIVER, SEVERABILITY AND ENTIRE AGREEMENT

Waiver: The failure of Larry Cox Drums to enforce any right, or provision, of these Terms will not be deemed a waiver of such right, or provision.

Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited, or eliminated, to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: These Terms, along with my associated Privacy Policy are the entire, and exclusive, agreement between Us and you, regarding the Service (excluding any services for which you may have a separate written agreement with Us that is explicitly in addition to, or in place of, these Terms), and these Terms supersede and replace any prior agreements between Me and you regarding My Services.

 

LEGAL DISPUTES

Applicable Law: You agree that the laws of Panama, without regard to principles of conflict of laws, will govern these Terms and any claim, or dispute, that has arisen or may arise between you and My Services, except as otherwise stated in these Terms.

Binding Arbitration: Should a dispute arise between you and me, we must first take part in a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY BY JUDGE WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.

A. No Class Actions. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ME ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

B. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Judicial Forum for Legal Disputes: Unless you and I agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you, or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms, or by a court order, you agree that any claim, or dispute, that has arisen, or may arise between you and me must be resolved exclusively by The Civil Law system of Panama. You and I agree to submit to the personal jurisdiction of the courts located within Panama City, Panama for the purpose of litigating all such claims, or disputes.

STATUTE OF LIMITATIONS

You and I both agree that regardless of any statute, or law, to the contrary, any claim, or cause, of action arising out of, or related to, the use of my Service, Terms, or Privacy Policy must be filed within one (1) year after such claim, or cause of action, arose, or be forever barred.

NOTIFICATION OF CHANGES TO TERMS OF SERVICE

Whenever I change these Terms, I will post those changes to this Terms of Service page, and other places that I may deem appropriate, so that my users are aware of what changes have been made to the Terms. By continuing to use the service, you agree and accept any such changes and agree to the Terms.

EFFECTIVE DATE & UPDATES TO OUR TERMS OF SERVICE

Larry Cox Drums reserves the right to change these Terms of Service at any time without prior notice. Any changes to these terms will be posted here and our “Updated” date information will be changed each time a change is made. You are advised to consult these Terms of Service regularly for any changes.

HOW TO CONTACT ME REGARDING THESE TERMS OF USE

If you have any questions about these Terms of Use, you may email me at contact@larrycoxdrums.com

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