Terms of Service
These terms are an agreement between you and DrumSumDrum, a sole proprietorship ("we", "us"), covering the DrumSumDrum app, its online features and this website (the "Service"). By creating an account, signing in, or publishing anything, you agree to them. If you don't agree, don't use the Service.
1. Who can use it
You must be at least 13. If you're under 18, a parent or guardian must agree to these terms for you. You may not use the Service if the law forbids you to, or if we've previously banned you.
2. Your account
You're responsible for your account and for keeping your sign-in details private. Give accurate information, and tell us at [email protected] if you think someone else has used your account. You can play as a guest without an account; guest progress stays on your device.
3. Your content
"Your content" is anything you publish or upload: challenges, kits and the audio samples in them, videos, links, names and profile pictures.
- You keep ownership. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, perform, adapt (for example, re-encode or resize) and distribute your content, only as needed to run, show and promote the Service. That includes letting other players download and play what you publish. The licence ends when you remove the content, except for copies other players have already downloaded and backups we delete in the ordinary course.
- You must have the rights. Only publish content you made, or have permission to use in this way. Samples ripped from commercial recordings or other people's sample packs usually aren't yours to share, even if they're "free". You're responsible for what you publish.
- Published means public. Anyone using the Service can see and play public challenges and the kits and videos they use.
4. What you must not do
- Upload content that infringes anyone's copyright or other rights, or that is illegal, hateful, harassing, sexually explicit, or violent.
- Impersonate anyone, or mislead players about who made something.
- Cheat in scored or multiplayer play, or interfere with other players' games.
- Access, change or delete other players' data; probe, scrape or overload our servers; or get around any limit or security measure. That includes using credentials extracted from the app.
- Sell, rent or sublicense the app, or reverse-engineer it except where the law allows.
5. Reports and copyright
Anyone can report content from inside the app. We review reports and may remove content or restrict accounts. How we handle copyright notices and counter-notices, and our repeat-infringer policy, are set out in the Copyright policy, which is part of these terms.
6. Purchases
Paid features (such as DrumSumDrum Pro, cloud storage plans, and DLC on Steam) are sold through Steam, the App Store, Google Play, or other stores we name. The store's own terms cover payment, billing and refunds. A purchase gives you a licence to use the feature in the Service; it isn't a sale of software. Subscriptions renew until you cancel them in the store. If we stop offering a feature you paid for, we'll give you reasonable notice. Nothing here removes rights you have under consumer law.
7. The app itself
We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app for your own non-commercial use, under these terms and the terms of the store you got it from. We own the app, its design and our content, except for the third-party parts listed on the Credits page, which are under their own licences.
8. Ending things
You can stop using the Service, and ask us to delete your account, at any time. We may suspend or close accounts, or remove content, that break these terms or put other people or the Service at risk. Where it's reasonable to, we'll tell you why. Sections 3 (the licence for content others have already downloaded), 9, 10 and 11 still apply afterwards.
9. No warranty
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't promise the Service will be uninterrupted or error-free, or that content other players publish is accurate or lawful. Back up anything that matters to you.
10. Limits on liability
To the fullest extent the law allows, we aren't liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill. Our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim, or US$50. Some places don't allow these limits, so they may not all apply to you.
11. Disputes and law
These terms are governed by the laws of the State of Florida, USA, and applicable US federal law. Courts in Brevard County, Florida have exclusive jurisdiction, except that either of us may bring a claim in small-claims court. If you live in the EU or UK, you keep the protection of your country's mandatory consumer laws and can bring claims in your local courts.
12. Changes
We may update these terms. If a change matters, we'll tell you in the app before it takes effect; using the Service afterwards means you accept it. If a provision is found unenforceable, the rest still applies.
Contact
[email protected] · 334 Mc Leod Drive, Cocoa, FL 32922, USA