PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to these terms, conditions and other applicable law. Please do not use this site If you do not agree to these terms and conditions.

 

COPYRIGHT

All content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the copyright laws of the United States and other jurisdictions, and is the property of CRESCENDODJDRUMS. The collective work also includes work and works that are licensed to CRESCENDODJDRUMS. Copyright 2020, CRESCENDODJDRUMS LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of subscripting to and/or placing an order with CRESCENDODJDRUMS or purchasing any products contained on the site. You may display and, subject to any expressed restrictions or limitations regarding specific material, download or print portions of the material from the various areas of the site solely for your own non-commercial use, or to subscribe to or place an order with CRESCENDODJDRUMS or to purchase products contained on the site. Any other use, including but not limited to the reproduction, display, transmission or distribution of the content of this site is expressly and strictly prohibited, unless you are authorized to do so by CRESCENDODJDRUMS. Further, you agree not to change, delete or otherwise modify any proprietary notices from materials contained in or downloaded from the site.

 

TRADEMARKS

All service marks, trademarks and trade names of CRESCENDODJDRUMS used in the site are registered trademarks or trademarks of CRESCENDODJDRUMS.

 

WARRANTY DISCLAIMER

This site and all of the products and materials on this site are provided “as is” and without warranties of any kind, whether implied or express. To the fullest extent permitted pursuant to all applicable law, CRESCENDODJDRUMS disclaims all warranties, implied or express, including, but not limited to, implied warranties of merchantability, fitness for a specific or particular purpose and non-infringement. CRESCENDODJDRUMS does not represent or warrant that the functions contained in the site will be uninterrupted or are error-free, that any defects will be corrected or revised, or that this site or the server that makes the site available are harmful components which includes viruses. CRESCENDODJDRUMS does not make any warrantees or representations, implied or express, regarding use of the materials on this site in terms of their accuracy, adequacy, correctness, timeliness, reliability, usefulness or otherwise.  Because some states do not permit limitations or exclusions on warranties, the above limitations may or may not apply to you.

 

LIMITATION OF LIABILITY

CRESCENDODJDRUMS shall not be liable for any special or consequential damages resulting from the use of, or the inability to use, any and all the materials on this site or the performance of the products on this site, even if CRESCENDODJDRUMS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may or may not apply to you.

 

TYPOGRAPHICAL ERRORS

In the event that a product contained on the CRESCENDODJDRUMS site is mistakenly listed at an incorrect price, CRESCENDODJDRUMS reserves the right to refuse to fulfill or cancel any orders for products listed at the incorrect price. CRESCENDODJDRUMS reserves the right to refuse to fulfill or to cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, CRESCENDODJDRUMS will issue a credit to your credit card account in the amount of the incorrect price and any shipping charges applied.

 

TERM; TERMINATION

These terms and conditions are applicable to you upon accessing the CRESCENDODJDRUMS site and/or completing the registration or shopping processes. These terms and conditions, or any part of them, may be terminated or modified by CRESCENDODJDRUMS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination.

 

NOTICE

CRESCENDODJDRUMS may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method or to the address you have provided to CRESCENDODJDRUMS.

 

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of Texas U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts regarding the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CRESCENDODJDRUMS products) shall be in the state or federal courts located in McLennan, Texas Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products contained on the CRESCENDODJDRUMS website) must be commenced within one (1) year after the claim or cause of action arises. CRESCENDODJDRUMS’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be considered or construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CRESCENDODJDRUMS may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an CRESCENDODJDRUMS employee, assign, or other licensed personal or entities, host, or representative, is well as other members or visitors to or on the site is strictly prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is or is considered to be libelous, defamatory, invasive of privacy or publicity rights, obscene, threatening, abusive, illegal, or otherwise objectionable and/or that may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law in any jurisdiction. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization in any in locale online or offline.

 

PARTICIPATION DISCLAIMER

CRESCENDODJDRUMS does not, and cannot, review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content or context of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CRESCENDODJDRUMS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents, postings, threads or activities on the site. However, CRESCENDODJDRUMS reserves the right to block or remove communications or materials that it determines to be (a) or obscene, abusive or defamatory, (b) or misleading, fraudulent or deceptive, (c) in violation of a trademark, copyright, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to CRESCENDODJDRUMS in its sole discretion.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CRESCENDODJDRUMS, its officers, directors, employees, agents, assigns, partners, affiliates, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

THIRD-PARTY LINKS

In an attempt to provide increased value to our customers, members and visitors, CRESCENDODJDRUMS may link to sites and social media operated by third parties. However, even if the third party is in any way affiliated with CRESCENDODJDRUMS, CRESCENDODJDRUMS has no control over these linked sites and social media, all of which have separate privacy and data collection practices and policies that are independent of CRESCENDODJDRUMS. These linked sites and social media are only for your convenience and consequently you access them at your own risk. Nonetheless, CRESCENDODJDRUMS seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on its own site, the sites it links to as well (including if a specific link does not work), as well as to others social media.