Acceptance of Terms and Conditions
Welcome to the Fingers of Fury web site (www.fingersoffury.com.au, the "Site"), owned and operated by Fingers of Fury, Incorporated ("Fingers of Fury"). Subject to the following Terms of Service ("TOS"), Fingers of Fury provides users of the Site with access to a collection of percussion lessons, percussion and drum-playing resources, and forums of users and subscribers (the "Services"). Fingers of Fury reserve the right to amend these TOS from time to time and at any time. Users are responsible for reviewing the TOS to ensure knowledge of such modifications. Use of the Services by a user shall constitute that user's acceptance of these Terms of Service.
Fingers of Fury Services
Fingers of Fury provides two levels of access to the Site and its Services. Any visitor to the Site will be able to access only basic information about the Site and the Services of Fingers of Fury. Site visitors may register to use the Site by providing basic information to Fingers of Fury, as unregistered users receive limited access to Site Services. Subscription requires an annual payment to gain access and the user will recieve a reminder for renewal. Subscribers agree to pay for the subscription period selected at the time of purchase. Subscribers will receive a confirmation notice upon their original effective date. It is the subscriber's responsibility to review the notice to ensure that it accurately reflects the requested subscription period.
Fingers of Fury offers a yearly membership and the user wil recieve a reminder of renewal notice by email automatically. It will not be automated payment or direct debt. Simply a reminder will be sent out.
Fingers of Fury does not offer a money back guarantee so please try the “free area” and if you are still not sure feel free to contact us.
Upon registering, registered users and subscribers will choose a username and password that will permit them to access the appropriate level of services for the Site. Registered users and subscribers to the Site agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. Subscribers agree to be the sole users of their username/password and the Services, and to promptly notify Finger of Fury if this is not the case. Fingers of Fury may terminate access and deactivate or delete a user's account without prior notice and without obligation. Fingers of Fury reserves the right to restrict access to the Services to any user, and may at any time without notice immediately deny access by any person. This action will only ever be taken to help protect and insure a positive experience for all users.
Intellectual Property Notices
The Fingers of Fury site contains proprietary, original material that is protected by AUS copyright and international treaties. Fingers of Fury our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. Fingers of Fury will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Fingers of Fury to do so. This notice constitutes fair warning.
You agree to not use the Services:
- to upload, post, email, transmit or otherwise make available (A) any content that you do not have a right to make available; (B) any content that infringes any patent, trademark, trade secret, COPYRIGHT or other proprietary rights of any party; (C) any unsolicited or unauthorized advertising or promotional materials; or (D) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
- to intentionally or unintentionally violate any applicable local, state, national or international law.
Fingers of Fury welcomes links to its www.fingersoffury.com.au web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Fingers of Fury.
Fingers of Fury often links to web sites that are not under its control. Fingers of Fury is not responsible for the contents of any linked site or any link contained in a linked site. Fingers of Fury provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by Fingers of Fury.
Dissemination, Discontinuance or Modification
Fingers of Fury may discontinue disseminating the lessons of any instructor, category and type of music, resources and data, and works of specific contributors. Fingers of Fury may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Fingers of Fury, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Fingers of Fury ‘Full Access’ content.
Please read this Disclaimer carefully before using any of the Services, including subscribing to the Fingers of Fury ‘Full Access’ content.
You understand and agree that the Services available on the site are provided on an "as-is" and "as available" basis. Fingers of Fury hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which Fingers of Fury provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
Fingers of Fury will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
Limitation on Liability
Under no circumstances shall Fingers of Fury be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if Fingers of Fury has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
This TOS constitutes the entire agreement between you and Fingers of Fury and shall govern your use of the site and its Services, superseding any prior agreements between you and Fingers of Fury. This TOS and the relationship between you and Fingers of Fury shall be governed by the laws of the state of Victoria without regard to its conflict of law provisions. You and Fingers of Fury irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the state of Victoria, Australia. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Fingers of Fury have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information on gathering visitor information and email policies. We respect the privacy of our visitors and do not collect personal information without the Internet User's permission.
We only collect the e-mail addresses of those who communicate with us via e-mail and information volunteered by the consumer, such as survey information and/or site submissions. We do not share, sell, or rent any email addresses. Information is collected for statistical purposes only to improve the content of the site and is in no way intended to identify individuals.
We have strict anti-spam guidelines and never send out unsolicited mail of any kind. We believe SPAM is a waste of time for everyone.
Please contact the site manager if you have any questions: