Terms Of Use

This document regulates the general terms and conditions (hereinafter "TERMS AND CONDITIONS") applicable to the use of the content, products and services offered through the website drumkout.com (hereinafter "WEBSITE"), whose owner is Alejandro Sifuentes (hereinafter "OWNER"), with registered office in the State of Mexico.

Any person who intends to access or use the website and the services offered therein may do so only subject to the TERMS AND CONDITIONS established herein, as well as the policies and principles incorporated in this document. In any case, any person who does not accept the current TERMS AND CONDITIONS must refrain from using the WEBSITE and/or purchasing the products and services that may be offered therein.

FIRST. SCOPE AND CONDITIONS OF ACCESS.

The purpose of these TERMS AND CONDITIONS is to regulate access to and use of the WEBSITE, including within this concept any type of content, product or service that is available to the general public within the drumkout.com domain.

THE OWNER expressly reserves the right to make changes at any time and without prior notice, both in the presentation, content, functionality, products, services and configuration that may be contained on the WEBSITE. By virtue of the foregoing, the USER acknowledges and accepts that the OWNER may at any time interrupt, deactivate or cancel any of the elements that make up the WEBSITE or access to them.

In addition to the costs associated with the internet connection for the services contracted with a telecommunications provider, the USER is informed that certain content or services offered on the drumkout.com site or, where appropriate, by third parties through the WEBSITE, may require prior contracting of the corresponding content, product or service. In such circumstances, the necessary specifications will be clearly provided and the general or specific conditions that will govern access to said content will be made available to the USER.

Access to certain content and services on the WEBSITE may be carried out through prior subscription or registration of the USER.

The WEBSITE is intended solely for persons who have reached the age of majority (over 18 years of age). In this sense, the OWNER assumes no responsibility for failure to comply with this requirement. It is the sole responsibility of the USER to ensure that he or she is of legal age to access and use the WEBSITE. In the event that minors access or use the WEBSITE, they do so under the supervision and responsibility of their parents or legal guardians. The OWNER reserves the right to request documentation proving the USER's legal age at any time and at its discretion.

The OWNER may choose to administer and manage the WEBSITE directly or through an authorized third party. This decision will not affect in any way the TERMS AND CONDITIONS established in this contract. All provisions stipulated herein will continue to apply in full, regardless of the administration or management modality chosen by the OWNER. Nothing in this choice will modify the rights and responsibilities agreed between the USER and the OWNER in these TERMS AND CONDITIONS.

SECOND. USER AND USE OF THE WEBSITE.

Access to or use of the WEBSITE, as well as the resources enabled for interaction between USERS, or between the USER and the OWNER, such as means for making publications or comments, confers the status of USER of the WEBSITE, and will therefore be subject to these TERMS AND CONDITIONS, as well as to any subsequent modifications, without prejudice to the application of applicable legislation, and will therefore be deemed to be accepted from the moment the WEBSITE is accessed. Given the relevance of the foregoing, the USER is advised to review any updates made to these TERMS AND CONDITIONS.

The USER assumes responsibility for using the WEBSITE in accordance with its design and established purpose. It is strictly prohibited to use any type of software that automates the interaction or downloading of the content or services provided through the WEBSITE. Likewise, the USER undertakes to use the information, content or services offered by the WEBSITE in a lawful manner, fully respecting these TERMS AND CONDITIONS, as well as the principles of morality and public order. The USER shall refrain from carrying out any act that may affect the rights of third parties or harm the correct functioning of the WEBSITE.

The OWNER reserves the right to eliminate those comments and contributions that infringe the law, violate the dignity of persons, are discriminatory, affect the rights of third parties, contravene public order or, in its discretion, are not suitable for publication. Under any circumstances, the OWNER shall not be liable for the opinions expressed by USERS through comments or publications made by the latter.

Access to the WEBSITE does not imply the establishment of any type of relationship between the OWNER and the USER.

THIRD. ACCESS AND NAVIGATION ON THE WEBSITE.

The OWNER cannot absolutely guarantee the continuity and availability of the content, products or services offered through the WEBSITE. However, the OWNER will make every effort to maintain the proper functioning of the WEBSITE, although this will not imply any liability on the part of the OWNER.

Likewise, the OWNER does not assume responsibility nor guarantee that the content or software accessed through the WEBSITE is free of errors or malicious software that may cause damage to the USER's equipment or system.

It is important to note that the USER is responsible for using the WEBSITE appropriately and in compliance with these TERMS AND CONDITIONS, as well as with current regulations. Any improper use or use in violation of the provisions of these terms will be the sole responsibility of the USER.

The OWNER will not be responsible for losses, damages or losses of any kind that may arise as a result of access to or use of the WEBSITE. The USER assumes full responsibility for any consequences arising from his/her interaction with the WEBSITE and its content.

 

SUBSCRIPTIONS

By subscribing to our Drumkout.com, you agree to pay the subscription fee as outlined. For ongoing subscriptions with recurring billing, you authorize payments on each billing date until you cancel.

If you signed up through our website, you can cancel your subscription by logging in, then clicking at your Profile Picture, then ‘Settings’, then "Billing" then next to Active Subscriptions select the three dots and select ‘Cancel this subscription’. If you purchased your subscription via PayPal you will need to cancel your subscription through your PayPal account.

After canceling your subscription, you’ll continue to have access to all subscription benefits until the end of your current billing cycle, at which point your access will terminate.

The 7-day trial subscription gives you seven 7 days of free access to Drumkout.com. When you sign up for the 7-day trial, there’s no upfront payment required. However, you will need to provide a payment method on your account and choose the monthly subscription plan that will begin after your trial ends.

At the end of your 7-day trial, your monthly subscription will automatically renew each month on the same day of the month your trial started, unless you cancel before the trial period concludes.

If you don’t cancel your subscription before the end of the 7-day trial, you authorize us to charge your provided payment method at the rate indicated when you signed up. 

 

FOURTH. PRIVACY AND DATA PROTECTION POLICY.

In strict compliance with Mexican legislation on personal data protection, the OWNER undertakes to implement the necessary measures to ensure the privacy and security of the information collected, preventing its alteration, loss or unauthorized use.

In accordance with the provisions of Mexican legislation, all personal data collected through the WEBSITE will be treated in strict accordance with the principles of legality, quality, purpose, loyalty and responsibility. The processing of such data will be subject to the prior consent of its owner. In particular, the use of financial or property data will require express authorization from the owners, which may be granted through the mechanisms provided on the WEBSITE, ensuring at all times the appropriate care and diligence to protect such information. Likewise, the same will apply to the handling of sensitive personal data, understood as those that, in the event of improper use, may cause discrimination or represent a risk for the owner.

At all times, it will be guaranteed that the personal data stored in the relevant databases or files are accurate, up-to-date and appropriate for the specific purposes for which they were collected.

The use of personal data will be restricted to the purposes set out in the Privacy Notice, which will be accessible at the following electronic address: https://drumkout.com/privacy

The WEBSITE may contain hyperlinks or links that redirect to third-party websites that do not belong to the OWNER. These websites have their own privacy and data protection policies, therefore, the OWNER is not responsible for the information that the USER provides on websites other than the WEBSITE.

The OWNER reserves the right to modify its Privacy Policy as necessary or due to changes in legislation. By accessing or using the WEBSITE after such modifications, the USER accepts the changes made.

Furthermore, access to the WEBSITE may involve the use of cookies, which are small amounts of information stored in the USER's browser. These cookies facilitate navigation and improve the user experience without damaging the navigation device. They may collect information about access to the WEBSITE, the USER's preferences and their interaction with it, such as the date and time of access, time of use, sites visited before and after, number of pages visited, the user's IP address, frequency of visits, etc.

This information is used to improve the WEBSITE, detect errors and meet the USER's needs, all with the aim of offering better quality services and content. In any case, the information collected is anonymous and does not identify individual users.

If the USER does not want this type of information to be collected, they can disable, reject, restrict and/or delete the use of cookies in their internet browser. Each browser may have different procedures for carrying out these actions, so it is recommended to review the instructions provided by the browser developer. If the USER decides to reject the use of cookies (totally or partially), he or she may continue to use the WEBSITE, although some functions may be disabled.

It is possible that in the future these policies regarding cookies may change or be updated, so it is recommended to review the updates to these TERMS AND CONDITIONS to be adequately informed about the use of cookies when entering or using the WEBSITE.

FIFTH. LINKS AND EXTERNAL CONTENT OF THE WEBSITE.

The WEBSITE may include links, content, services or functions of other internet sites that are owned and/or managed by third parties, such as images, videos, comments, search engines, among others.

The use of these links, content, services or functions is intended to improve the USER's experience when using the WEBSITE, and may not be considered a suggestion, recommendation or invitation to use external sites.

THE OWNER will under no circumstances review or control the content of external sites; likewise, it does not endorse the products, services, content, and any other material existing on the aforementioned linked sites; therefore, the availability, accuracy, veracity, validity or legality of external sites that may be accessed through the WEBSITE will not be guaranteed. Likewise, the OWNER assumes no liability for any damages that may arise from access to or use of the content, products or services available on websites not managed by the OWNER that may be accessed through the WEBSITE.

USERS or third parties who wish to create or publish a web link from a web page external to this WEBSITE must take the following into account:

The total or partial reproduction of the content, products or services available on the WEBSITE is prohibited without the express authorization of the OWNER or its owner. Likewise, false, inaccurate or incorrect statements about the WEBSITE, its content, products or services will not be permitted, and the OWNER reserves the right to restrict access to those people who engage in such acts.

The establishment of a link to the WEBSITE from any external site will not imply the existence of a relationship between the OWNER and the owner of the website from which the link is made. Furthermore, this will not imply knowledge by the OWNER of the contents, products or services offered on external sites from which the WEBSITE can be accessed.

SIXTH. PROTECTION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

The WEBSITE, including its source code, images, audio or video files, logos, brands, color combinations, structures, designs and other distinctive elements, are the property of the OWNER or have been duly assigned to it, and are protected by Mexican and international legislation on intellectual and industrial property. Consequently, the reproduction, distribution or dissemination of the contents of the WEBSITE for commercial purposes, in any format or by any means, without the express prior authorization of the OWNER, is strictly prohibited.

The USER undertakes to respect the intellectual and industrial property rights of the OWNER. However, the USER is permitted to view the elements of the WEBSITE, and may print, copy or store them exclusively for personal use.

Likewise, the USER undertakes not to delete, alter or manipulate any element, file or content of the WEBSITE. Likewise, the USER shall refrain from carrying out actions that put the security of the protected files or databases at risk, whether through restricted access with a username and password or due to a lack of adequate permissions.

If the USER or any third party considers that any content on the WEBSITE violates their industrial or intellectual property rights, they must immediately notify the OWNER using the contact information available on the WEBSITE itself and/or through the following means of communication: Email: [email protected]

SEVENTH. DISCLAIMER OF LIABILITY FOR ERRORS AND INACCURACIES.

The USER acknowledges and accepts that the WEBSITE and the services offered may occasionally contain typographical errors, inaccuracies or omissions in relation to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

The OWNER of the WEBSITE reserves the right to correct any error, inaccuracy or omission without prior notice, as well as to modify or update the information in the service or on any related web page, in the event of detecting inaccurate information in the service or on any related web page.

The USER understands that the OWNER is not obligated to update, modify or clarify information in the service or on any related website, including, but not limited to, pricing information, except as required by law. Any update or refresh date indicated in the Service or any Related Websites should not be taken to indicate that all information in the Service or any Related Websites has been modified or updated.

EIGHTH. PROHIBITIONS ON USE OF THE WEBSITE.

The USER acknowledges and agrees that it is strictly prohibited to use the website and its content for the following purposes, in addition to the restrictions set forth in the TERMS AND CONDITIONS:

a) Violate any local, international, federal, provincial or state regulation, rule, law or ordinance.

b) Request others to perform or participate in any illegal act.

c) Violate or infringe our intellectual property rights or the intellectual property rights of third parties.

d) Any illegal purpose.

e) Perform acts of harassment, abuse, insult, harm, defamation, slander, denigration, intimidation or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability.

f) Send false or misleading information.

g) Upload or transmit viruses or other types of harmful code that affect or may affect the operation of the service, the website or any other related site, as well as other websites or the Internet.

h) Collect or track personal information of third parties without their consent.

i) Use the service for obscene or immoral purposes.

j) Interfere with or circumvent the security measures of the service, the website or other websites or the Internet.

k) Send spam or carry out practices such as phishing, pharming, pretexting, spidering, tracking or information extraction.

The USER understands and accepts that, in the event of contravening any of the aforementioned prohibitions, we reserve the right to terminate your use of the service or any related website without prior notice.

NINTH. LIMITATION OF LIABILITY.

THE OWNER and, if applicable, together with its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, will not assume any liability for injuries, losses, claims or damages, whether direct, indirect, incidental, punitive, special or consequential of any kind. This disclaimer of liability includes, but is not limited to, loss of profits, income, savings, data, replacement costs or other similar damages, regardless of the legal theory on which they are based, whether contractual, extracontractual (including negligence), strict liability or otherwise.

In relation to the use of the services or products acquired through the WEBSITE, it is important to note that the liability of the OWNER is not limited solely to such use. It also extends to any other claim related to the service or any product offered. This includes, but is not limited to, any errors or omissions in any content, as well as any loss or damage of any kind the USER may experience due to the use of our service or access to any content (or product) posted, transmitted or otherwise made available through it, even if advised of the possibility of such damage.

It is important to note that in certain states or jurisdictions, it may not be possible to exclude or limit liability for consequential or incidental damages. In such cases, liability will be limited to the maximum extent permitted by applicable law in that particular jurisdiction. However, the OWNER is committed to providing a quality service and is always willing to address any concerns or questions the USER may have about the services and products.

TENTH. INDEMNIFICATION.

The USER agrees and undertakes to hold the OWNER and, where applicable, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by third parties, including reasonable attorneys' fees, arising from their breach of these TERMS AND CONDITIONS or any other document incorporated by reference, as well as from the violation of laws or rights of third parties.

ELEVENTH. APPLICABLE LEGISLATION AND JURISDICTION.

The OWNER reserves the right to exercise any civil or criminal action it deems necessary in the event of improper use of the WEBSITE, its contents, products or services, or in the event of non-compliance with these TERMS AND CONDITIONS.

The relationship between the USER and the OWNER shall be subject to the legislation in force in Mexico, particularly in Mexico City. In the event of any dispute arising regarding the interpretation and/or application of these TERMS AND CONDITIONS, both parties shall be subject to the ordinary jurisdiction of the corresponding courts as established in the legislation of the aforementioned state.

TWELFTH. NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

In the event that any clause included in these TERMS AND CONDITIONS is declared, totally or partially, null or ineffective, said declaration of nullity or ineffectiveness will affect only that provision or the part thereof that is affected, with the other TERMS AND CONDITIONS remaining in force. The affected clause will be considered as not written.

THIRTEENTH. CONTACT.

If the USER has any questions about the TERMS AND CONDITIONS or wishes to make any comments about the WEBSITE, he/she may contact us using the email address provided on the WEBSITE. We will be happy to respond to your concerns and comments. Once these TERMS AND CONDITIONS have been read, the USER will have been informed of their implications and the responsibilities that concern him/her. If the USER does not agree with these terms, he/she must refrain from using the WEBSITE.

It is important to note that these TERMS AND CONDITIONS are subject to changes and updates, so it is recommended to review them periodically on the WEBSITE.

This document was originally written in Spanish language. 

Last update: September 12, 2024