Terms of Use & Service

Updated: September 5th, 2024

Acceptance

These Terms of Use (“Terms”) apply to your use of all websites and mobile applications operated by Doughty, LLC (“Doughty,” “we,” “us,” or “our”). This includes websites like drumdoughty.com and portal.drumdoughty.com, mobile apps (& PWAs) like Drum Doughty, doughtyinc.com, including all content, services, other applications and products available at or through the such websites, platforms and application, (collectively, the “Services” and each, a “Service.”), any future content, services, applications, or products we offer through these platforms.

By using any of our Services, you agree to these Terms. Please read them carefully before you start using anything we offer. The use of any of the Services is offered subject to your acceptance, without modification, of all of these Terms. By accessing or using any of the Services, you agree to become bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Services.

We may update these Terms from time to time. You can always check this page to see the latest version. If we update the Terms, and you keep using our Services, that means you agree to the changes. If you don’t agree to the updates, you can’t use our Services anymore. These Terms were last updated on September 5, 2024.

Eligibility

To join Drum Doughty and subscribe to our Services, you must be at least 16 years old. If you’re younger than 18 or haven’t reached the legal age of adulthood in your area, you’ll need your parent or legal guardian’s permission to sign up.

Content Advisory

You and your legal guardian understand that some content on our Services might not be suitable for people under 18. While we try to warn you about this kind of content, we will not be held liable in any manner whatsoever for failure to do so.

Privacy Policy

We take your privacy seriously! That’s why we have a Privacy Policy that explains how we collect and use information when you use our Services. It’s important that you read this policy, because by agreeing to these Terms, you’re also agreeing to the Privacy Policy.

You can find our Privacy Policy here: drumdoughty.com/privacy

Membership

To join Drum Doughty, you’ll need to create an account. You can do this by visiting our membership sign-up page or by visiting drumdoughty.com/membership-levels links can be found on any of our websites. You can use your email address or sign in with Google Play or Apple, if those options are available.

When you create your account, please provide accurate and up-to-date information about yourself. We’ll also need your credit card details. If we are not provided such details or if we believe the details are not accurate, current and complete, we have the unconditional right to refuse your access to, or use of, the Services.

By registering with us and/or through an applicable third party service, you agree to adhere to and be bound by these Terms and all applicable terms and policies of such third party services.

Your account is for your personal use only. Don’t share your account details with anyone else, and don’t let others use your account or our Services.

In creating a profile, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Service registration process. When creating your account, you will have to provide your credit card information. If you decide to register with Drum Doughty and become a Member, your account is just for you, and you cannot share your account details or let anyone else access or use your account or the Services.

Username and Password

Keep your username and password safe! You’re responsible for everything that happens under your account, including any purchases, even if someone else uses it without your permission. If someone gets into your account, you could be responsible for any losses they cause, or that Drum Doughty or other users experience.

Think someone’s using your account? Let us know right away! Email us at support@doughtyinc.com or contact us through our general contact form at drumdoughty.com/contact.

We can also remove usernames or passwords that break any laws or rules, or that infringe on someone else’s rights.

Subscriptions

Paying for your subscription: When you sign up, you agree to pay the subscription price. For ongoing subscriptions, you’ll be automatically billed on the billing cycle date until you cancel.

Canceling web subscriptions: To cancel a subscription you purchased on our website, visit portal.drumdoughty.com/membership-account, go to “My Membership,” find the subscription you want to cancel, click “Cancel,” confirm by clicking “Yes, Cancel this Membership,” and follow the on-screen instructions.

Canceling subscriptions from other sellers: If you bought your subscription through Google Play, Apple App Store, or another third party platform, you must contact them directly to cancel.

Refund Policy We’re confident you’ll be happy with our tech services, but if for any reason you’re not satisfied, we offer a 30-day money-back guarantee. This applies to all first-time purchases of our tech services directly through Doughty, LLC.

Here’s how it works:

If you’re not satisfied for any reason and it’s within 30 days of purchase, you can request a full refund.
To request a refund, please contact our customer support team within 30 days of your purchase. You can reach them by email at support@doughtyinc.com or by visiting drumdoughty.com/contact.
Be sure to include your order number and a brief explanation of why you’re requesting a refund.

Please note:

This guarantee only applies to first-time purchases of tech services directly through Doughty, LLC.
Refunds may take up to 14 business days to appear in your account.
This 30-day money-back guarantee does not apply to services purchased through third-party vendors. Please refer to their refund policies for details.

For more information on our refund policy, please visit our website at drumdoughty.com/refunds. We strive to provide excellent customer service and want you to have a positive experience with Doughty, LLC. If you have any questions about our refund policy, please don’t hesitate to contact us.

Access after Cancellation: Even if you cancel, you’ll still have access to the subscription features until the end of your current billing cycle. Then, your subscription will end.

Memberships, Subscriptions & Purchases

Here’s a breakdown of our various subscription plans for the Services, including access to content licensed by Doughty from third parties:

Renewal and Cancellation:

We are authorized to charge your initial payment method for renewals at the then-current renewal price.
We’ll notify you by email 30 days before your renewal date (or as required by law) with the upcoming renewal date and price.
To avoid renewal charges, cancel your subscription in writing before your anniversary date via portal.drumdoughty.com/membership-account/ while logged in, select “Cancel” next to the subscription, confirm by clicking “Yes, Cancel This Membership,” and follow on-screen instructions.
Subscriptions purchased through third parties (Google Play, Apple App Store) require cancellation through that seller.
No partial refunds for unused portions of a subscription, except within the 90-Day Guarantee window (explained below).

Annual Subscriptions:

Annual Base Subscription: Provides one year of access to all Services, excluding third-party content. Paid upfront, automatically renews annually on your sign-up anniversary and you hereby grant us permission to charge the same payment method you used for your initial sign-up for any renewal period, at the renewal price then in effect..
By subscribing to an Annual subscription, We will send an email to you to the email address you used for sign-up (or any updated email address on your account) within 30 days prior to your renewal date (or within such other time period required by law in your jurisdiction of residence) to notify you to the of the upcoming renewal date and the price for the upcoming year.

Monthly Subscriptions:

Monthly Base Subscription: Provides 30 days of access to all Services, including third-party content. Paid upfront, automatically renews monthly on your sign-up day.

Free Trials:

3-Day Trial:

Provides three days of free access to all Services, including third-party content.
Requires a payment method and selection of a desired subscription plan for after the trial.
If you don’t cancel before the end of the trial, your chosen subscription will automatically renew based on your selection (monthly or annually) on the corresponding day/anniversary date.
We are authorized to charge your chosen payment method at the price indicated when you selected your plan, but will notify you of any price increases 3 days before your monthly renewal or 30 days before your annual renewal.
Cancel before the end of your trial period to avoid charges via portal.drumdoughty.com/membership-account, log in and follow on-screen instructions. Subscriptions purchased through third parties require cancellation through that party.
No partial refunds for unused portions of a subscription, except within the 30-Day Guarantee window as outlined in our Refund Policy (drumdoughty.com/refunds).

30-Day Trial:

Provides 30 days of free access to all Services, including third-party content when applicable.
Requires a payment method and selection of a desired subscription plan for after the trial.
If you don’t cancel before the end of the trial, your chosen subscription will automatically renew based on your selection (monthly or annually) on the corresponding day/anniversary date.
We are authorized to charge your chosen payment method at the price indicated when you selected your plan, but will notify you of any price increases before your monthly renewal or 30 days before your annual renewal.
Cancel before the end of your trial period to avoid charges via portal.drumdoughty.com/membership-account, log in and follow on-screen instructions. Subscriptions purchased through third parties require cancellation through that party.
No partial refunds for unused portions of a subscription, except within the 30-Day Guarantee window as outline in our Refund Policy (drumdoughty.com/refunds.

Lifetime Membership:

Provides access to the Services for as long as they are available, unless you cancel or request a refund within the 30-day money-back guarantee period.
Does not include access to third-party content (only content provided in base plans is included).
You can choose upfront payment or a payment plan. Once all payments are complete, there are no further charges unless you add an addon.

License of Utilization

Upon sign-up and successful registration, subject to your continued compliance with these Terms, you are granted a non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal and non-commercial use.

In using the Services, you agree that you may not:

Sell, rent, or sub-license any material from the Services;
Re-publish material from the Services (including republication on another website)
Redistribute material from the Services (except for content specifically and expressly made available for redistribution)
Reproduce, duplicate, copy, or otherwise exploit material from the Services for any commercial purpose whatsoever
Edit or otherwise modify any material on the Doughty website or other platforms
Exhibit any material from the Services in public.

User Communications

When you post content on our Services, you agree to:

Follow the rules: Your content can’t be offensive, illegal, or harmful. It can’t violate any copyrights, trademarks, or other rights.
Keep it clean: Your content shouldn’t contain viruses, malware, or other harmful stuff.
Be responsible: You’re responsible for the content you post. We’re not responsible for anything you or others post.
Let us monitor: We might check your content to make sure it’s okay and to follow laws and rules.
Give us permission: By posting content, you give us the right to use, share, and modify it in any way we want.

Remember:

We’re not responsible for what you post.
We can remove or edit your content if it breaks our rules.
You can’t claim ownership of your content after posting it

If you post materials, messages, comments, opinions or other content to the Services (e.g. through bulletin boards, forum boards, message boards, chat rooms, comment feeds, etc.) (the “User Information”), you agree that any User Information you post, transmit, upload, distribute or otherwise publish;

Will not be libelous, defamatory, obscene, pornographic, fraudulent, harmful, threatening, abusive, hateful or otherwise offensive or illegal
Will not violate or infringe any copyright, trademark, patent, trade secret or other intellectual property rights.
Will not violate the privacy or publicity right of others or other third party rights, (iv) will be free of viruses, adware, spyware, worms or other malicious code, and (v) not be in violation of any applicable laws, rules, or regulations.

The User Information included and/or expressed is not those of Doughty, LLC or its content providers. Doughty does not undertake to monitor or review the User Information and assumes no responsibility whatsoever with respect to the User Information and any content contained therein.

However, You agree that Doughty has the right from time to time to monitor the use of the platform, including the User Information, and to disclose any information necessary to

Satisfy any legal, regulatory or other government request required to operate the Platform and/or to protect itself, and its visitors or other users of the Platform in accordance with the Privacy Policy.
Doughty reserves the right to refuse to post, edit or remove any User Information in whole or in part, that, in its sole discretion, or in violation of these Terms.
Doughty is not responsible, in any way whatsoever, for the loss of any User Information or data contained therein as a result of any system error, editing or otherwise.

By posting content on our Services, you give us the right to:

Use your content: We can use, copy, change, and share your content in any way we want, now or in the future.
Create new things from your content: We can make new products or services based on your content.
Share your content with others: We can give other people permission to use your content.
Show your content to the public: We can display your content online or in other places.

You also agree to give up any rights you might have to control how your content is used. This means you can’t claim ownership of your content after you post it on our Services.

Intellectual Property

Doughty owns the Platform and its Services. We have the sole rights to our websites, mobile apps, and its licensors, when applicable. The Platform and its Services are protected by copyright, trademark, and other laws of the commonwealth of Kentucky and of the United States and all foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Doughty.

Your use of any content within the Platform is strictly prohibited unless expressly permitted by these Terms. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of Doughty, its licensors, and/or any third parties, as well as the laws of privacy and other applicable laws, rules and regulations. Nothing contained in this Agreement or in the Platform or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark, trade name or other proprietary information of Doughty and its third party licensors without the express prior written consent of Doughty or the applicable third-party owner.

We respect the copyright, trademark and all other intellectual property rights of others. We have the right, but not the obligation, to remove content and accounts containing materials that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.

If you believe that your intellectual property rights are being violated on the Platform or any User Information, you may contact us at drumdroughty.com/contact. Please include your full name and contact information, the nature of how your work is being violated, all relevant copyright and/or trademark registration information, the location of the violation, and any other information you believe is relevant.

Third Party Websites

We rely on third party licenses to maintain the Services. In addition, our Platform may contain links to third party websites or services that are not owned or controlled by us for convenience to you. We have no control over, and assume no responsibility for, the content, privacy policies, operability or practices of any third-party websites or services. Doughty makes no endorsements, and does not warrant the offerings, of any of these entities/individuals or these websites, including any and all information, materials, products and services therein, these User actions are solely at the risk of the User. You acknowledge and agree that Doughty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User’s use or reliance on or of, any such content, products and/or services available on or through any such third-party websites or services.

Use and Termination

You agree to use Doughty Platforms and Services for only authorized and legal activities. We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of the Platform and its Services, including your User account, with or without notice, and for any reason whatsoever, including, but not limited to, a breach of these Terms. In such an event, you can lose your account, benefits and privileges and we will be under no obligation to compensate you for any such losses.

In addition, we reserve the right to shut down and discontinue any Service at any time on the giving of written notice.

In such event;

If you are a Lifetime Member, we will use our reasonable best efforts to provide you the means necessary to download any original, available and cleared material on the Services as soon as reasonably practicable, but you will not be eligible for any refund or other compensation
If you are on plan for a specified period of time such as, monthly, quarterly, annual, 5-year, gift card, promotion, other code-based access or other finite time period, you will lose access to the Services and you will not be eligible for any refund or other compensation.

All applicable provisions of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to indemnify and hold harmless Doughty, LLC and its subsidiaries, affiliates and related parties, including respective directors, officers, employees, partners, agents, consultants, licensors, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, reasonable legal fees), resulting from or arising out of (i) your use or misuse of the Service or (ii) a breach of these Terms.

Limitation Of Liability

ANY MEMBER OF DOUGHTY, LLC SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT ARISE OR RESULT FROM (I) YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED OR EVEN IF A MEMBER OF DOUGHTY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU (AND NOT ANY MEMBER OF DOUGHTY, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. DOUGHTY, LLC DOES NOT WARRANT THAT (I) THE SERVICE WILL FUNCTION UNINTERRUPTED, ERROR-FREE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE SERVICE OR THE SERVERS AND WEBSITES THAT MAKE THE SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE USE OR RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE, RECOMMENDATIONS, AND TIPS) ON THE SERVICES ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. DOUGHTY, LLC AND ITS AGENTS ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, ADVICE, RECOMMENDATIONS, TIPS OR MATERIALS ON THE SERVICES.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW

Governing Law

This Agreement shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the Commonwealth of Kentucky, without reference to conflicts of law principles.

The Parties agree that Mercer County, Kentucky shall be the sole and exclusive venue for any lawsuit brought to enforce this Agreement or in any way related to this Agreement. The Parties waive their right to file a motion seeking to change venue of any civil action filed in Mercer County concerning this Agreement on the ground of forum conveniens. The Parties further stipulate and agree that all of the Agency’s obligations under Section 1 of this Agreement shall be performed in Mercer County, Kentucky, and this Agreement shall be performed in whole or in all essential parts in Mercer, County, Kentucky.

In the event that a civil action is commenced to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to recover from the non-prevailing party all fees, costs and expenses of enforcing any right of the prevailing party under this Agreement, including, without limitation, reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of any appeals of any judgment entered in any such civil action.

Waiver

Failure of a Party to insist upon the other Party’s compliance with any provision contained in this Agreement shall not constitute a waiver thereof. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against whom it is asserted. Any waiver of any provision of this Agreement shall only be applicable to the specific provision and instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or as to any other provision.

Our failure to require or enforce the strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance

Severability

If any provision of this Agreement is held to be unlawful, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced without giving effect to such unlawful, invalid or unenforceable provision. Furthermore, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, voidable or invalid, and the other which would render the provision valid, then the provision shall have the meaning that renders it valid.

Commercial Communication

By creating an account and becoming a Member, you might receive occasional emails about special offers, marketing, and surveys related to Doughty. If you want to stop receiving these commercial communications from Doughty, you can easily unsubscribe or contact us at support@doughtyinc.com.

Contact Us

If you have any general questions, questions about these Terms or complaints with respect to the Platform or Services, please contact us at drumdoughty.com/contact or support@doughtyinc.com.