PLEASE READ THESE TERMS CAREFULLY. They contain a binding arbitration agreement, a class-action waiver, an assumption of risk and release for in-person events, a shortened one-year limitations period, and significant limitations on our liability. By using the Service you agree to all of them.
These Terms of Service ("Terms") form a binding contract between you and Drum Circle Directory ("we", "us", "our") and govern your access to and use of drumcircledirectory.com and any related websites, apps, APIs, content, listings, and services (collectively, the "Service"). If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old (16 in the EEA/UK) and legally able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization and "you" includes both you and that organization. The Service is not directed to children under 13 and we do not knowingly collect personal information from them.
2. Accounts & Security
You are responsible for your account, your credentials, and all activity that occurs under your account, whether or not authorized by you. Notify us immediately of any suspected unauthorized use. We may suspend, lock, or terminate an account at our discretion. You must provide accurate, current information and keep it updated.
3. Listings & User Content
"User Content" means any content you submit, upload, post, or transmit through the Service, including listings, photos, videos, descriptions, schedules, reviews, messages, and AI prompts. You retain ownership of your User Content. By submitting User Content, you grant us and our service providers a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, perpetual, and irrevocable license to host, store, cache, copy, reproduce, modify, adapt, translate, format, reformat, create derivative works of, publish, publicly display and perform, distribute, syndicate, index, and use your User Content for any purpose related to operating, providing, promoting, and improving the Service, including in search results, social previews, email digests, AI training within the Service, and marketing.
You represent and warrant that:
- You own or have all rights, licenses, consents, and releases necessary to grant the license above (including from people pictured in your photos).
- Your User Content is accurate, current, and not misleading.
- Your User Content does not infringe, misappropriate, or violate the intellectual-property, privacy, publicity, contractual, or other rights of any third party.
- Your User Content complies with all applicable laws, regulations, and these Terms.
We may, at our sole discretion and without notice, refuse, remove, edit, reformat, relocate, downrank, hide, or restrict any User Content or listing, including for duplicates, spam, low quality, inaccuracy, safety concerns, or alleged legal violations. We are not obligated to monitor User Content but may do so.
4. Acceptable Use
You agree not to, and not to allow any third party to:
- Post false, misleading, deceptive, defamatory, libelous, obscene, sexually explicit, hateful, harassing, discriminatory, or unlawful content.
- Impersonate any person, business, organization, or affiliation.
- Scrape, crawl, harvest, data-mine, or systematically copy the Service except via a documented public API and within posted rate limits.
- Reverse engineer, decompile, disassemble, probe, penetration-test, or bypass security, authentication, rate limits, robots.txt, or paywalls.
- Upload malware, viruses, worms, trojans, ransomware, or any harmful code or link to such material.
- Use the Service to send spam, phishing, chain letters, unsolicited commercial messages, or "growth-hacking" mass outreach.
- Use the Service to stalk, threaten, harm, dox, or sexually exploit any person (especially minors), or to facilitate any of the foregoing.
- Infringe or misappropriate any intellectual property, privacy, publicity, or contractual right.
- Use automated means to create accounts, post listings, submit reviews, or manipulate rankings, votes, impressions, clicks, or analytics.
- Frame, mirror, or otherwise present the Service so as to obscure its origin or to suggest a false affiliation.
5. Paid Listings, Subscriptions & Advertising
Some features — featured listings, pro subscriptions, sponsored city placements, banner ads, retreat and shop listings, and similar — require a paid subscription or one-time purchase. Current pricing, billing interval, and inclusions are shown at checkout and on our pricing page and may change with notice.
- Subscriptions auto-renew at the then-current rate and interval until canceled by you. You authorize us and our payment processor to charge your payment method on each renewal date.
- You may cancel at any time from your account; cancellation takes effect at the end of the then-current billing period. You will not receive a refund for the unused portion of a billing period except where required by applicable law.
- One-time purchases are non-refundable once activated.
- If a payment fails, we may suspend the paid features until the balance is paid, downgrade the listing, or terminate the subscription.
- Banner ads, sponsored placements, and creative are subject to our editorial review. We may reject, pause, or remove any creative at our discretion, with or without notice, and refund the unused portion. We do not guarantee impressions, clicks, conversions, lead volume, ranking, or business results.
- Taxes (VAT, GST, sales tax) may be added at checkout and remitted by us or by our payment processor as required.
- Chargebacks initiated without first contacting us are a material breach of these Terms and may result in account termination and forfeiture of paid amounts.
6. Claims & Verification
Businesses may claim listings by verifying ownership through methods we offer (email at a matching domain, phone verification, document upload). Submitting false claim information, impersonating a business owner, or using verification to take over a listing you do not own is a material breach of these Terms and may result in immediate suspension, forfeit of paid amounts, and referral to law enforcement.
7. Third-Party Listings, Events & Assumption Of Risk
Listings are submitted by users and businesses. We do notendorse, sponsor, vet, background-check, insure, employ, or guarantee any listing, instructor, facilitator, retreat host, shop owner, event, venue, or product. You attend, register, transact, travel, and interact with third parties entirely at your own risk. You acknowledge and agree that we are not a party to any transaction between you and a third party and that any dispute (including refunds, no-shows, injuries, misconduct, discrimination, or harassment) is between you and that third party. By using the Service to find or contact any in-person event, retreat, or class, you assume all risks and release us from all claims arising from that activity, as further described in our Disclaimer.
8. Intellectual Property
The Service — including all software, source code, design, branding, logos, look and feel, taxonomies, ranking signals, compilations, and aggregated User Content — is owned by us or our licensors and protected by copyright, trademark, trade-secret, and other intellectual-property laws. Except for the limited license to access and use the Service in accordance with these Terms, no rights are granted to you. "Drum Circle Directory" and our logos are our trademarks; you may not use them without our prior written permission.
9. Feedback
If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them without compensation or attribution.
10. DMCA & Copyright
We respect intellectual-property rights. To report infringing content, follow our DMCA Policy. We will terminate accounts of repeat infringers in appropriate circumstances.
11. Termination
We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, including for any actual or suspected violation of these Terms. You may close your account at any time by contacting us. Termination does not entitle you to a refund. All provisions of these Terms which by their nature should survive termination — including Sections 3 (license), 7 (assumption of risk), 8 (IP), 12–17 (disclaimers, liability, indemnity, arbitration, governing law), and this sentence — survive.
12. Disclaimers
THE SERVICE, ALL CONTENT, ALL LISTINGS, AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.
13. Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, ADVERTISERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, ANY LISTING, ANY THIRD PARTY, OR THESE TERMS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THOSE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED.
14. Indemnification
You agree to defend, indemnify, and hold harmless Drum Circle Directory, its owners, officers, employees, contractors, affiliates, advertisers, and licensors from and against any claims, demands, suits, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or any law; (d) your violation of any third-party right; or (e) any in-person event, transaction, or interaction you initiate through the Service. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us.
15. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Subject to Section 16, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.
16. Binding Arbitration & Class-Action Waiver
Please read this section carefully — it affects your legal rights.
Except for (i) small-claims actions brought individually and (ii) suits to enjoin infringement or misuse of intellectual property, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered by JAMS under its Streamlined Arbitration Rules then in effect, by a single arbitrator. The arbitration will be held in Wilmington, Delaware, or by videoconference at your election, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class-action waiver. You and we agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
30-day opt-out. You may opt out of this arbitration agreement by emailing legal@drumcircledirectory.comwith the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your opt-out must include your full name and the email associated with your account. Opting out does not affect any other part of these Terms.
17. Time Limit On Claims
Any cause of action or claim you may have arising out of or relating to the Service or these Terms must be commenced within one (1) year after the cause of action accrues; otherwise it is permanently barred.
18. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, labor disputes, internet or hosting outages, denial-of-service attacks, supply-chain failures, or failures of third-party providers.
19. Notices
We may give notices by posting them on the Service, by email to your account address, or by any other reasonable means. You consent to receive electronic notices and agree they satisfy any legal requirement that notices be in writing. Notices to us must be sent to legal@drumcircledirectory.com.
20. Assignment
You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms.
21. No Agency; No Third-Party Beneficiaries
Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and us. There are no third-party beneficiaries to these Terms.
22. Severability & Waiver
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right.
23. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, DMCA Policy, Disclaimer, and any order forms or supplemental terms presented at checkout, are the entire agreement between you and us regarding the Service and supersede all prior agreements.
24. Changes
We may update these Terms from time to time. Material changes will be announced on this page with a new "Last updated" date and, where appropriate, by email or in-app notice. Your continued use of the Service after the changes take effect constitutes acceptance.
25. Contact
Questions about these Terms? Email legal@drumcircledirectory.com.