Last Updated: August 24, 2022
AS A RESULT, PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, WHICH ARE INTENDED TO BE FULLY EFFECTIVE AND BINDING UPON YOU. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR REFERENCE.
Modifications to this Agreement
We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. Material modifications will be conspicuously posted on the website. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using of the website constitutes your acceptance of the Agreement as it appears at the time of your access or use.
Simmons Drums is owned by SIMMONS.
All textual, graphical and other content appearing on this website is the property of Simmons Drums, unless otherwise noted.
All other names and marks mentioned in this website are the trade names, trademarks or service marks of their respective owners.
Should you send Simmons Drums any website postings, feedback or data, such as ideas, comments, and suggestions or questions regarding any Simmons Drums product or service or this website, such information will not be given confidential treatment. Simmons Drums will have no obligation of any kind to you with respect to any postings, feedback or data that you submit to Simmons Drums. Your submission of such postings, feedback and data constitutes an assignment to Simmons Drums of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to Simmons Drums without charge. As the sole and exclusive owner of such postings, feedback and data, Simmons Drums will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any Simmons Drums product or service or this website without compensation to you of any kind.
License to Access
You may view, copy, print and use content contained on this website (including recorded material) solely for your own personal use, provided that: (1) the content available from this website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this website is modified or framed in any way; and (3) no graphics available from this website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Simmons Drums or any third party, except as expressly provided in this section.
You may not otherwise use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, or transmit any of the content or materials of this website or rent or sell use of or access to (such as on a time share or service bureau basis) this website, or any of the content or materials on this website, without the prior express written permission of Simmons Drums. You may not permit third parties to access this website or use any website content and may not make any other use of the website or any website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by Simmons Drums. You may not harvest or collect information about others, including e-mail addresses.
You agree to use the website for lawful purposes only. You may not post or transmit through the website any material (I) that violates or infringes in any way upon the rights of others, (II) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (III) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (IV) that, without Simmons Drums express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the website will not be permitted.
You understand and agree that Simmons Drums may terminate or otherwise deny your access to the website and without notice in the event Simmons Drums believes in its sole discretion that (I) you have violated a provision of this Agreement, (II) you have used or misused the website in a manner that Simmons Drums has determined is unlawful, unethical or otherwise inappropriate, or (III) such action is reasonably necessary to protect a third party or Simmons Drums or if such action is otherwise required by law.
You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.
Dealers, Distributors, and Other Third Party Websites
This website may contain links to, or be accessed through links on, websites managed and operated by Simmons Drums dealers or distributors. Simmons Drums dealers and distributors are separate and independent entities and are not agents of Simmons Drums. Simmons Drums does not have control over the websites of Simmons Drums dealers or distributors or any other third party website. As a result, Simmons Drums does not have responsibility for the content, information, misinformation, errors, availability, operation or performance of any such third party website to which this website may link or from which this website may be accessed.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL www.simmonsdrums.net and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with the Simmons Drums’s name, trademarks or services;(5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by Simmons Drums; and (6) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website. Simmons Drums reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice.
Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Simmons Drums. Any views expressed by third parties on this website (including recorded interviews) are solely the views of such third party and Simmons Drums assumes no responsibility for the accuracy or veracity of any statement made by such third party.
This website may be accessed internationally and may contain references or cross references to Simmons Drums products, programs and services that are not available in your country. Such references do not imply that Simmons Drums intends to make available any particular product or service in your country or that such products or services may lawfully be used in or imported into your country. Simmons Drums reserves the right without prior notice to discontinue products and services, including models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party.
If you believe that your copyright in any material has been infringed on this website, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
(a) a description of the copyrighted work you claim has been infringed,
(b) a description of the material that you claim is infringing, identified with sufficient detail for us to locate it on the website,
(c) your address, telephone number and e-mail address,
(d) a statement by you that you have a good faith belief that the disputed use is not authorized,
(e) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
(f) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
You understand and agree that: (1) Simmons Drums assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the website by you or by any other users or third parties and (2) Simmons Drums is a publisher of any such content, and is acting solely as an Internet Website Provider as such term is defined in the Digital Millennium Copyright Act.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SIMMONS DRUMS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, SIMMONS DRUMS DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMMONS DRUMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
This website and all information and related materials it contains are provided “AS IS” and “WITH ALL FAULTS.” Simmons Drums makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this website or the information or materials it contains. By using this website, you assume the risk that the information and materials on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
No advice or information from Simmons Drums in any manner will create any warranty as to this website or any product, service or material available through this website. If for any reason you are not satisfied with this website or its content, your sole remedy is to cease using this website or such content, even if such remedy should fail of its essential purpose.
This website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Simmons Drums cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, Simmons Drums cannot have any liability for such failures.
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Simmons Drums on this website, but Simmons Drums is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL SIMMONS DRUMS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SIMMONS DRUMS LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THIS WEBSITE WILL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIMMONS DRUMS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OR MISUSE OF THE WEBSITE, ANY USE OR MISUSE OF THE WEBSITE IN CONNECTION WITH YOUR USER INFORMATION OR LOGIN INFORMATION (IF APPLICABLE), YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF SIMMONS DRUMS OR ANY OTHER PERSON OR ENTITY, OR ANY VIOLATION OF THIS AGREEMENT.
Disputes and Interpretation
The laws of the State of California and the United States shall govern use of the website without regard to any choice of laws or conflicts of law provisions. You agree that any action, suit, or proceedings arising from or related this website shall be brought exclusively in the federal or state courts of the State of California, United States and you consent to the exclusive jurisdiction of such courts.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about this Agreement, please contact us at:
P.O. Box 5111
Thousand Oaks, CA 91359-5111