Last updated July, 2021
Welcome to Stephen’s Drum Shed! We’re excited you’ve chosen us to take you on your learning journey. Our sole aim is to support you to become the best drummer and musician you can be…and we want you to love the experience. The following document is designed to help you by explaining in clear English, our guidelines and respective responsibilities. We don’t want anything to get in the way of an amazing experience!
Stephen’s Drum Shed (SDS) provides music students and enthusiasts with educational products and services. By joining SDS and using any of our educational products, services or learning tools, you agree to all of the following Terms of Service (TOS) and any future updates we may make to them.
SDS offers services in two categories:
DBD Drum School Membership – When you subscribe to the DBD Membership, you will receive access to a huge range of educational content including but not limited to the educational courses, artist interviews, live events, learning tools and the Student Forums. We are constantly adding new courses, services, and tools to the Campus.
External courses – Each year we also offer a small number of courses external to the DBD program, e.g. The Art of Practice, Groove Secrets, etc. These are separate, one-off purchases unrelated to the DBD Membership, even if you are a Lifetime Member.
DRUM BETTER DAILY ONLINE DRUM SCHOOL (DBD) MEMBERSHIP
There are different types of Academy Membership as follows:
Monthly Academy Member: $29.99 per month
Monthly Academy Member: $89 per 3 months
Yearly Academy Member: $259 per year
Lifetime DBD Member: $995 one off payment
From time to time we may offer discounts on the price of a DBD Membership. Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue services, products or learning tools without prior notice.
Respecting the Children’s Online Privacy Protection Act, we cannot allow children under the age of 13 to open an account with SBL. Children between the ages of 13 and 18 must have a parent or guardian present when using SDS.
GUARANTEE AND REFUNDS
Your satisfaction with our products and services is our primary concern. All of our products and services are covered by our 100% Satisfaction Guarantee and our 14-Day Price Pledge. Refunds will be made to your credit/debit card or PayPal account (if this payment method was originally used) only. You will be refunded within a maximum of two weeks from your request, made within the 14-day money-back guarantee time frame.
FEES, CHARGES AND BILLING
SDS offers discounted memberships, options to purchase individual educational products and services, and options to purchase subscriptions to certain educational products and services. By submitting your credit card, debit card, or PayPal information, and associating that information with your SDS account, you authorise SDS to process your purchase accordingly. If you purchase a monthly, quarterly, bi-annual or yearly subscription for a product or service, you understand and authorise SDS to automatically renew your subscription until cancelled. You can easily and quickly cancel your subscription by contacting us at email@example.com.
SBL USERNAME AND PASSWORD
You agree to be the sole user of the username and password you created when joining SDS, and to reasonably protect that username and password, and to notify SDS if you believe it has been breached or otherwise compromised.
We provide support free of charge by emailing us at firstname.lastname@example.org. Our customer support team will usually respond to queries and issues within 24 hours.
From time to time, our wait times may be longer than usual. If you’re already a DBD Member, you may be able to find answers to your questions in the Campus as well. Many areas of SDS also have FAQ (Frequently Asked Questions) which may help to resolve common issues and queries.
Please note that SDS is a web-delivered service and in order to access it effectively, you will need to possess a suitable device with a modern browser installed and a fast Internet connection. We cannot support every version of every browser and therefore we encourage you to use your trial and money-back guarantee periods to help you evaluate SDS to your satisfaction.
INTELLECTUAL PROPERTY RIGHTS
The staff at SDS, and all of the artists and educators that we are privileged to collaborate with, work very hard to author and produce the content that comprises the educational products and services available on SDS. All of our educational products, services and learning tools are protected by United Kingdom and International copyrights, patents, and/or third-party licenses. You agree that you will not share, publish, copy, distribute, re-sell, or otherwise exploit our logos, branding, educational products and services, learning tools, and self-publishing tools or any other form of our intellectual property, for any personal, promotional and/or commercial use, without our express written permission.
USER GENERATED CONTENT
Various sections on the SBDSwebsite, and various products and services, allow for user-generated content such as comments, videos, lesson material, audio files, and other related user-generated content. By posting and/or uploading content to SDS, you warrant and represent that you own the rights to the content or are otherwise authorised to post and/or upload such content. Furthermore, you agree to not post and/or upload any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. SDS reserves the right to update, revise, or otherwise alter the terms and conditions set forth in this agreement, at any time, with notice provided in your SDS account. Your continued use of SDS and its products and services following posting of a change notice or new agreement will constitute your binding acceptance of the changes.
You agree to indemnify, defend, and hold harmless SDS, its educators, affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the SDS website or its products, services, and learning tools, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
GOVERNING LAW AND DISPUTE RESOLUTION
If a dispute arises between you and SDS, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Our Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Terms of Service shall be governed and construed in all respects by the laws of The United States of America. You and SDS both agree to submit to the non-exclusive jurisdiction of the USA courts. In simple terms, ‘non-exclusive jurisdiction of the USA courts’ means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in the United States of America, but you may also elect to bring a claim in the court of another country instead. US law will apply in all cases.
SDS reserves the right to terminate your account, subscription, and/or access at any time, and for any reason at our sole discretion.
To the maximum extent permitted by applicable law, SDS is not responsible for and makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) SBDSeducational products and services, learning tools, and self-publishing tools; (b) the SDS content on or provided through SDS educational products and services; (c) the content or user content (including the accuracy and reliability thereof); (d) any third party content; (e) the linked services; (f) the functions made accessible on or through the SDS educational products, services and learning tools; (g) any products, services or instructions offered or referenced in the SDS website, educational products, services and learning tools; and/or (h) security associated with the transmission of information transmitted to or from SDS or others via the SDS website, educational products and services, learning tools, and self-publishing tools.
In addition and to the maximum extent permitted by applicable law, SDS is not responsible for any damage, injury or loss caused by users of the SDS website, educational products and services, learning tools, and self-publishing tools; or by any of the equipment or programming associated with or utilised in the SDS website, educational products and services, learning tools, and self-publishing tools services; or linked services.
SDS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication.
SDS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the SDS website, educational products and services, learning tools, and self-publishing tools services; services or linked services or combination thereof, including, without limitation, any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the SBL website, educational products and services, learning tools, and self-publishing tools services; or linked services.
Under no circumstances shall SDS be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the SDS educational products and services, learning tools, and self-publishing tools, or linked services, attendance at a SDS event, from any user content posted on or through the SDS website or linked services, or from the conduct of any users of SDS, whether online or offline.
SDS educational products, services and learning tools, and linked services are provided “as-is” and “as available” and “with all faults” basis and SDS expressly disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. SDS cannot guarantee and does not promise any specific results from use of SDS educational products and services, learning tools, and self-publishing tools, or linked services.
LIMITATION OF LIABILITY
In no event shall SDS be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from: (a) your use or inability to use the SDS educational products and services, learning tools, and self-publishing tools, or linked services, or the performance of the SDS educational products and services, learning tools, and self-publishing tools, or linked services, (b) any action taken in connection with an investigation by SDS or law enforcement authorities regarding your access to or use of the SDS services, (c) any action taken in connection with copyright or other intellectual property owners or other rights owners, (d) any errors or omissions in the SDS services’ technical operation, or (e) any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. notwithstanding anything to the contrary contained herein, SBL’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SDS for the SDS services during the term of membership. the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if SDS was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the SDS educational products and services, learning tools, and self-publishing tools.