This Terms of Service (hereinafter also «Agreement», «Terms») is a legal document that explains rights, obligations and conditions between You («You», «Your», «Client») and Lipnyagov Pavel Valerievich / Paul Lipnyagov («We», «Us»), related to Your use of the Resources defined herein. Your use of the Resources is conditioned upon Your acceptance of this Agreement.

Date of last revision: November 27, 2018

Whereas,

We provide Resources which allow to create, share and record music.

Artist is a professional musician, producer of the sound recordings compiled as soundpack.

Apps (also “Applications”) are mobile applications available at:

GUI is graphical user interface of the Site or the App that allows User to interact with them through visual indicators.

Privacy Policy is an integral part of Agreement, located at http://www.drumpads24.com/legal/privacy-policy.

Personal data is information that identifies or can be used to identify, communicate or search for the person to whom such information relates. 

Site is the website located at drumpads24.com and all its subdomains.

Soundpack is a compiled work according to Article 1260 of Civil Code of the Russian Federation containing multiple different phonograms and/or musical works or sounds made by Us, Client or Artist.

Beat is a compiled work according to Article 1260 of Civil Code of the Russian Federation containing multiple different phonograms and/or musical works or sounds made by Us, or Artist.

Work is a derivative work according to Article 1260 of Civil Code of the Russian Federation, made by User using Application.

Date of last revision is a date when this Agreement was updated.

Now, therefore, in consideration of the mutual covenants herein, intending to be legally bound, the Parties agree as follows:

1. Acceptance of Terms

Agreement shall enter into full force as of the moment You install Application and / or use Resources.

By using the Resources, You agree to be legally bound by the terms and conditions of this Agreement and Privacy Policy.

You irrevocably and unconditionally accept and adhere to this Agreement and confirm that You agree to be legally bound by this Agreement without any limitations and exclusions.

If You do not agree to any term of this Agreement or Privacy Policy, You shall cease any use of Resources immediately.

2. Resources

2.1. We grant You a limited, non-exclusive license to access and use Resources and Soundpacks for Your own purposes according to this Agreement.

2.2. Application allows You to:

2.3. You shall not use Resources for any other purpose other than stated in Clause 2.2 of this Agreement.

 

3. Soundpacks

You shall carefully read Soundpack’s description before installing or purchasing it.

3.1. There are different types of Soundpacks:

3.2. Certain Soundpacks are paid. In order to lawfully use those Soundpacks, User shall pay certain remuneration fee using App’s GUI. License to use paid Soundpack is only granted to Users who paid certain remuneration. Users shall have no right to transfer this license to other Users.

3.3. You may use Soundpacks worldwide unless otherwise specified in Soundpack’s description.

3.4. You shall not use Soundpacks in any other way except as by using Resources.

3.5. Each time you distribute Works You shall mention creator of certain Soundpacks used to create Work and provide a link to www.drumpads24.com.

4. Beats

4.1 You may create Works for non-commercial purposes using Beats within the App.

4.2. Certain Beats are paid. In order to lawfully use those Beats, User shall pay certain remuneration fee using App’s GUI. License to use paid Beat is only granted to Users who paid certain remuneration. Users shall have no right to transfer this license to other Users.

4.3. You shall not use Beats in any other way except as by using Resources.

5. Intellectual Property

5.1.You grant Us and other Users a non-exclusive worldwide, free and perpetual license to use Soundpacks and Works You created and / uploaded by using App, which lawfully belongs to You for all purposes indicated in Article 1270 of Civil Code of the Russian Federation including but not limited to, reproduction of the work, distribution of the work by sale or other alienation, a translation or other reworking (including creation of a derivative work), communication to the public.

5.2. You shall not use Resources to upload Works or any other content without the express consent of the actual copyright owner.

5.3. You acknowledge and explicitly agree that any other content available from Resources, including but not limited to musical works, phonograms, graphics, photographs, text, video, computer software, databases and any other works, trademarks and other objects are protected by copyright, trademark and other laws and treaties, and may not be used in any manner other than as specified in this Agreement.

5.4. We are entitled to remove any Work or Soundpack which violate provisions of this Agreement or governing law.

6. User Profile

To use Resources, You must obtain a User Profile:

You are responsible for all activity that occurs under Your User Profile. Hence You must not allow others to use Your User Profile credentials (email address and password or appropriate Facebook or Google account) and You must safeguard the confidentiality of those credentials.

If You become aware of an unauthorized access to Your User Profile, You must notify Us immediately.

We shall have the right to remove and block User Profile If User is violating provisions of this Agreement or governing law.

7. Termination

You may terminate this Agreement at any time by uninstalling the App and ceasing to use Resources.

We are entitled to immediately terminate this Agreement without any refunds and without giving any notice in advance in case of material breach of the Agreement and/or any applicable laws or regulations by Client.

8. Disclaimer of Warranties

Resources are provided without warranty of any kind including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement.

We can not guarantee that Resources provided under this Agreement will explicitly meet Your requirements.

9. Limitation of Liability

Resources are provided «as is» without any warranties unless otherwise specified in this Agreement.

To the maximum extent permitted by governing law, We exclude all warranties unless otherwise specified in this Agreement.

We shall not be liable for any loss or damage that may arise to You, including but not limited to any (direct or indirect) monetary loss, loss of contracts, goodwill, reputation and any loss that may arise from interruption of the business or any other type of loss or damage.

If third person brings a claim against Us related to Your actions, You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.

Each Party’s aggregate liability toward the other Party is limited by the total amount of Fees that have already been paid or under this Agreement unless otherwise specified in this Agreement.

10. User Support

User support is provided only by e-mail and is offered only in Russian and English languages. We provide support within “5” working days.

11. External Sources

We shall be entitled to use third-party services to collect and analyze any non-personally identifiable information according to Privacy Policy.

These third-party services may use aforementioned information to provide targeted Advertisements.

12. Governing law and dispute resolution

All disputes and differences which may arise out of this Agreement or in connection with it shall be settled with in an amicable way by negotiations when it is possible.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by in accordance with the law of Russian Federation (governing law).

If court of law rules that any provision of this Agreement is invalid, then that provision shall be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

13. Miscellaneous

Neither Party is entitled to assign or transfer its rights or obligations under this Agreement without the other Party’s prior written consent.

Under no circumstances You shall:

14. Amendments

We may amend Terms of Service at our own discretion without any specific notice to You, and You agree to be bound by such amendments.

The latest version of these Terms of Service is always available at https://drumpads24.com/legal/terms-of-service

You explicitly agree and acknowledge that We at our own discretion shall be entitled to impose limitations and restrictions on Your use of Resources in case of breach of this Agreement.