“Logging-In” into CULT DRUM SOUNDS does not constitute a license for obtaining or distributing unauthorized music files or any other Content.
You are legally allowed to enter into any agreement found in this Website.
You will not knowingly or unknowingly use CULT DRUM SOUNDS to violate any law on Intellectual Property or any other related laws that is imposed in your country or in other countries.
Policy on Acceptable Use
You agree that you will not use CULT DRUM SOUNDS to:
1. Violate any law, international or local, pertaining to intellectual property, criminal acts and activities, civil rights, or any other types of law that may be related or connected to the Contents, features, and information found in this website.
2. Upload, distribute, promote, post, e-mail, transmit, display, copy, or otherwise communicate to the general public:
Material or information that is: false, unlawful, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, threatening, tortuous, disparaging, negative or injurious to CULT DRUM SOUNDS, abusive, libelous, defamatory, obscene, vulgar, offensive, promotes violence, racial hatred, terrorism, or illegal acts, or otherwise objectionable in the discretion of CULT DRUM SOUNDS;
Data or information of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, or other harmful component that restricts or inhibits any other User’s use and enjoyment of CULT DRUM SOUNDS and its Contents;
Materials that interferes with, overburdens, impairs or disrupts the Users or servers or networks connected to CULT DRUM SOUNDS, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
Information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of the origins of the Contents found in CULT DRUM SOUNDS or statements of fact; and
Any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
3. Encourage, promote, solicit or commit conduct that would constitute a criminal offense, or one that will give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other legal entity;
4. Falsely impersonate any person or entity or state or otherwise misrepresent your affiliation with a person or entity;
5. Negatively affect the other Users’ ability to engage in real time exchanges on CULT DRUM SOUNDS;
6. Stalk, abuse, violently exploit, act violently toward, threaten, sexually exploit or otherwise harass another User;
7. Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
8. Collect or gather personal data including contact or personal information such as but not limited to telephone numbers, addresses, last names, email addresses, or any other kind of information about Users, including without limitation, through automatic means of accessing or logging-in on CULT DRUM SOUNDS; and
9. Undertake any commercial or business purpose or activity without the prior written consent of CULT DRUM SOUNDS, such as but not limited to inserting your own or a third party’s advertising, branding or promotional content into any of CULT DRUM SOUNDS’ Content, materials or Services.
10. Sell purchases to a third party for a rerelease or as individual beat. For avoidance of doubt, CULT DRUM SOUNDS shall only grant users the non-exclusive license to the beats, in which can not be used for commercial third party use unless agreed upon by CULT DRUM SOUNDS.
Under pain of perjury and/or criminal prosecution, you represent, warrant and agree that you will comply with the above acceptable use requirements and that any information or warranties required by CULT DRUM SOUNDS to be provided by you are true and correct. CULT DRUM SOUNDS reserves the right, in its sole discretion, to terminate your User’s account or take such other action as CULT DRUM SOUNDS sees fit in relation to anyone who breaches CULT DRUM SOUNDS’ policy on acceptable use or any of the other terms set forth herein. In extreme cases or as required by law or regulation, CULT DRUM SOUNDS reserves the right to take court action and/or report Users to the relevant authorities.
Third Party Links
Intellectual Property Ownership; License
The unauthorized redistribution, modification or adaptation, downloading, side-loading, exchanging, copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of CULT DRUM SOUNDS’ Contents, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
Listen to music from CULT DRUM SOUNDS;
Communicate with other members of CULT DRUM SOUNDS community; and
do not insert any code, product or material to manipulate the music or song in any way that affects any User’s experience;
retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Contents;
do not access Content through any technology or means other than the playback pages of CULT DRUM SOUNDS itself, the Embeddable Player, or other explicitly authorized means CULT DRUM SOUNDS may designate; and
copy or seek to copy or “rip” any audio and/or audiovisual content from CULT DRUM SOUNDS or any part of the Service illegally and without prior written consent of CULT DRUM SOUNDS.
To access the Contents of CULT DRUM SOUNDS, Users are required to use their own and personal CULT DRUM SOUNDS account. You agree to accept responsibility for all activities that occur under your account or password, if any. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of CULT DRUM SOUNDS or other Contents found therein using your name, username or password in whole or in part.
No Warranty as to Third Party Content and Information
CULT DRUM SOUNDS makes no representations or warranties as to the accuracy, completeness, currency, adequacy or reliability of any Content provided by the Users and Third parties and will not be liable for any lack of the foregoing.
CULT DRUM SOUNDS will not and cannot be held responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party advertisers or commercial partners or the offering of their products, services, and other contents on CULT DRUM SOUNDS.
Descriptions of, or references to, products, services or publications within CULT DRUM SOUNDS do not imply endorsement of that product, service or publication.
your use of CULT DRUM SOUNDS and its services, and the music files found therein;
your use of the Contents therein; or
your placement or transmission of any information uploaded by you or any other Content or materials on or through CULT DRUM SOUNDS.
You also promise that you will cooperate as fully earnestly and diligently as required by CULT DRUM SOUNDS in the defense of any claim.
Notwithstanding the foregoing, CULT DRUM SOUNDS retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CULT DRUM SOUNDS herein under the terms and provisions of this section and in no event shall you settle any such claim without CULT DRUM SOUNDS’ prior written approval.
Other Related Matters
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of CULT DRUM SOUNDS and it services, and the Contents found therein, including, without limitation, those governing your transmission or use of any data.
Termination or Restriction of Access
UPLOADING AND DOWNLOADING
You Have All Necessary Rights
For all information that you upload to or through CULT DRUM SOUNDS (including but not limited to any songs, band information, audio, video, data, images, graphics, photo, text information, show and concert listings, etc.) (“Content”) that you upload to CULT DRUM SOUNDS, you represent and warrant that
you are the sole and exclusive holder of any and all rights in and to the Content and/or an authorized representative or agent of the holder(s) (with written authority to act on behalf of the exclusive owner) of any and all such rights for the purposes of use of the Content; and
that use of the Content on or through CULT DRUM SOUNDS does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person.
You agree to pay all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through CULT DRUM SOUNDS or for any Content made available for downloading. You further guarantee that the compositions, recordings, lyrics, text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this agreement and do not contain any “samples” or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.
Your Ownership Of Proprietary Rights In Uploaded Content
CULT DRUM SOUNDS does not claim ownership of any intellectual property rights over the Content (including text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) that you upload. Any intellectual property rights, including the copyright, in the uploaded Content belongs solely to you or the holder/s you represent, subject to the non-exclusive license granted herein. After uploading your Content to CULT DRUM SOUNDS, you or the holder/s you represent continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
Responsibility For Content
Content Is Unencumbered
In addition to the representation and warranty that you have the unfettered authority to provide said Content to CULT DRUM SOUNDS, you hereby represent that the Content is unencumbered by any liens or encumbrances to your title and/or right to license or provide the same to CULT DRUM SOUNDS.
License Of Uploaded Content To CULT DRUM SOUNDS
You also hereby grant each user of CULT DRUM SOUNDS a non-exclusive license to access your Content through CULT DRUM SOUNDS, and to use, distribute, display and perform such Content as permitted through the functionality of CULT DRUM SOUNDS and under these General Terms of Uploading and Downloading.
By making your Content downloadable, you make your Content available for free download to everyone who signs up in accordance with the terms of downloading provided herein.
Waiver of Royalties
You grant CULT DRUM SOUNDS a waiver of any and all royalties on the Content including but not limited to performance royalties. You represent that you or the holder/s you represent have sufficient ownership of rights in the Content to grant CULT DRUM SOUNDS such waiver.
You can remove your Content at any time by deleting your account or by deleting the individual Content. The above licenses granted by you in the Content you submitted to CULT DRUM SOUNDS shall terminate within a commercially reasonable time after you remove or delete your Content.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CULT DRUM SOUNDS to terminate all privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to CULT DRUM SOUNDS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on CULT DRUM SOUNDS in a way that constitutes copyright infringement, _____________________and provide CULT DRUM SOUNDS with the following information:
a statement that you have identified material on the Website which infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyrighted work that you claim has been infringed;
a description specifying the material that you claim is infringing and the location of the material on CULT DRUM SOUNDS (including, for example: a URL and/or screen shot);
your full name, telephone number and email address on which you can be contacted;
a written statement by you that you have good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
a statement by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
an electronic or physical signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the copyright interest;
For notice of claims of copyright infringement, CULT DRUM SOUNDS can be reached as follows:
Either you or CULT DRUM SOUNDS may terminate your account or your Content at any time, for any reason or no reason, without explanation. You agree that CULT DRUM SOUNDS may, without prior notice, immediately terminate your account or Content, and withhold access to CULT DRUM SOUNDS.
Cause for such termination shall include, but not be limited to:
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to CULT DRUM SOUNDS (or any part of the service thereof);
unexpected technical or security issues or problems;
extended periods of inactivity; and/or
you have engaged in fraudulent or illegal activities.
CULT DRUM SOUNDS shall not be liable to you or any third-party for the termination of your account or Content made in CULT DRUM SOUNDS’ sole discretion.