Terms of Use

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated – December 2006.

This Terms of Use Agreement sets forth the standards of use DrumCorpsPlanet.com, MarchingBandPlanet.com,  and all other Online Services provided by DCP Partners, LLC.  By using this website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.

Modifications shall become effective immediately upon being published.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

DCP Partners, LLC is providing Member with access to information and image content, online shopping services, and an online community/discussion forum service (herein referred to as “Service”). Member must provide (1)  all equipment necessary for their own Internet connection, including computer and network connections, and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such access and connection.

2. Disclaimer of Warranties

The site is provided by DCP Partners, LLC on an “as-is” and on an “as-available” basis.  To the fullest extent permitted by applicable law, DCP Partners, LLC  makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  DCP Partners, LLC shall have no liability for any interruptions in the use of this Website.  DCP Partners, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. DCP Partners, LLC has no obligation to monitor the contributions made by members and other third-parties to the various discussion forums that are an integral part of the services provided.  DCP Partners, LLC reserves the right, but does not assume any obligation, in its sole and absolute discretion to review, edit or remove any material posted on any discussion forum service provided.

3. Limitation of Liability

DCP PARTNERS, LLC  SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DCP PARTNERS, LLC  SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DCP PARTNERS, LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.   DCP PARTNERS, LLC DOES NOT APPROVE, CONTROL, OR ENDORSE THE CONTENT, MESSAGES, OR INFORMATION FOUND IN THE DISCUSSION FORUMS PROVIDED AS AN ONLINE SERVICE AND SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY WITH REGARDS TO THE CONTENT OF THOSE DISCUSSION FORUMS AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THOSE DISCUSSION FORUMS.

4. Indemnification

Member agrees to indemnify and hold DCP Partners, LLC, its parents, subsidiaries, affiliates, officers and employees, independent contractors, non-compensated staff members, advertisers, contributors, and other affiliates harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Member Conduct

Member agrees, through continued use of this service, not to use this site to post, publish, or otherwise distribute any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any local, state, or US Federal law. DCP Partners, LLC reserves the right to deny service to any individual, delete any account, posting, story or any other other content, in part or in full, for any reason and at any time.

6. Modifications and Interruption to Service

DCP Partners, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. DCP Partners, LLC shall not be liable to Member or any third party should DCP Partners, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that DCP Partners, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by associated organizations, online merchants and any number of other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While DCP Partners, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.  DCP Partners, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction

Our website is operated and provided in the State of California.  As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

10. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2005-2011 DCP Partners, LLC, with all rights reserved, or is the property of DCP Partners, LLC and/or third parties protected by intellectual property rights.  Each and every submission to this site carries with it an implied assignment of the entire copyright interest in the submission. In exchange for the content and publication of that submission on this site, DCP Partners, LLC grants back to the submitter a non-exclusive, non-transferable and royalty-free license to republish that submission in any and all forms.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DCP Partners, LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DCP Partners, LLC.

Drum Corps Planet™, drumcorpsplanet.com™, Marching Band Planet™, marchingbandplanet.com™, Color Guard Planet™, colorguardplanet.com™, the circular DCP logo and the circular MBP logo are proprietary marks of DCP Partners, LLC.  DCP Partners, LLC’s trademarks may not be used in connection with any product or service that is not provided by DCP Partners, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DCP Partners, LLC.

All other trademarks displayed on DCP Partners, LLC websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DCP Partners, LLC.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DCP Partners, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Publisher
DCP Partners, LLC
26895 Aliso Creek Road, Suite B112
Aliso Viejo, CA 92656 USA
office [at] drumcorpsplanet [dot] com

13. Botnets

DCP Partners, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, DCP Partners, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by DCP Partners, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Copyright © 2006 DCP Partners, LLC  All rights reserved.