Drumfuzzled, LLC Terms Of Service 

 

1. Introduction

 

1.1. These Terms of Service (“Terms”) govern your access to and use of the online services, websites, courses, communities and related offerings (collectively, the “Service”) provided by Drumfuzzled LLC (DBA “Drumfuzzled”), a Nevada limited liability company with its principal place of business in Nevada, United States, accessible at https://Drumfuzzled.com.  

 

1.2. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are registering on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.  

 

1.3. These Terms are effective as of June 25, 2025 (the “Effective Date”).

 

2. Accounts & Eligibility

2.1. Who May Use the Service

The Service is intended for use by adults. Individuals under 18 (“Minors”) may only access and use the Service under the active supervision of a parent or legal guardian (the “Account Holder”) who:

•  Creates and maintains the account in their own name;
•  Reviews and agrees to these Terms on behalf of the Minor; and
•  Accepts full responsibility for all use and activity associated with the account.

Minors may not create accounts themselves. Any attempt by a minor to register directly may result in account suspension or deletion.

2.2. Age-Specific Requirements

•  Ages 13–17:
  The Account Holder must affirmatively consent to the Minor’s use during the sign-up process. By completing registration, the Account Holder confirms consent and assumes responsibility for all access and activity.
•  Under 13 (or the equivalent age of digital consent in your region):
  We do not knowingly collect personal information from children under the age of 13 in the U.S. (or under 16 in the EU/EEA, 13 in Canada and Australia, or other applicable jurisdictions) without obtaining verifiable parental consent, as required by COPPA, GDPR-K, the UK Children’s Code, and other regional laws.
  If we learn that personal data was collected from a child without proper consent, we will take prompt steps to delete the data and disable the account.

2.3. Account Registration & Responsibility

Account Holders must provide accurate and complete information at the time of registration, including a valid email address. By registering, you confirm that:

•  You are at least 18 years old;
•  You have the legal authority to consent on behalf of any Minor accessing the Service through your account; and
•  You accept all responsibility for use of the Service under your account.

You agree to:

•  Keep your login credentials secure;
•  Monitor all activity conducted by the Minor through your account; and
•  Prevent unauthorized access to the Service.

2.4. Platform Terms & Compliance

Our Service is delivered through third-party platforms such as Kajabi. All users—including Minors acting under a parent/guardian account—must comply with Kajabi’s Platform Terms and Acceptable Use Policy. Failure to comply may result in removal or suspension of your account.

2.5. Suspension, Termination & Data Handling

We reserve the right to suspend or terminate any account—adult or minor—if:

•  There is a breach of these Terms;
•  Proper consent was not obtained or cannot be verified;
•  There is a violation of applicable privacy laws (e.g., COPPA, GDPR, UK Age-Appropriate Design Code); or
•  Platform terms are violated.

Upon account termination:

•  Access to the Service is revoked;
•  User content may be permanently deleted without notice; and
•  Some personal data may be retained for compliance, fraud prevention, or legal obligations, consistent with our Privacy Policy.

 

3. User Conduct & Prohibited Activities

 

3.1. Compliance with Laws  

You agree to comply with all applicable local, state, national and international laws and regulations in your use of the Service.  

 

3.2. Lawful, Respectful Behavior  

You will not use the Service to:  

  - Upload, share or transmit content that is unlawful, obscene, defamatory, harassing, hateful or threatening;  

  - Encourage or depict illegal activities or provide instructions for wrongdoing;  

  - Infringe any third party’s intellectual property, privacy or publicity rights;  

  - Stalk, harass or intimidate any person.

 

3.3. No Spam or Unsolicited Communications  

You may not:  

  - Send unsolicited or bulk messages (commercial or otherwise) through Drumfuzzled or your own account;  

  - Use our contact forms, comments or messaging tools to distribute advertising or promotional content without our prior written permission.

 

3.4. Protecting Privacy & Personal Data  

You will not post anyone’s personal identifying information (e.g., home address, phone number, email) without their explicit consent.  

 

3.5. Community Integrity  

  - Do not create multiple accounts for the same person or misrepresent your identity.  

  - Do not tamper with, reverse-engineer or otherwise interfere with the proper functioning of the Service or our security controls.

 

3.6. User-Generated Content  

By submitting any content (videos, audio, text, images) you represent and warrant you have all necessary rights and licenses. Drumfuzzled may remove or disable access to any content that violates these Terms or is otherwise objectionable.

 

3.7. Enforcement & Reporting  

If you see content or behavior that violates these rules, please report it to us at [[email protected]]. We reserve the right to investigate, suspend or terminate any account or remove any content at our discretion.

 

3.8. Remedies  

Violations of this Section may result in suspension or termination of your account, removal of content, and, if necessary, legal action.

 

4. Payment & Subscription Terms

 

4.1. Plans & Pricing  

All fees for access to paid features, courses, communities or other offerings (“Subscriptions”) are as listed on https://Drumfuzzled.com/pricing at the time of purchase. Drumfuzzled LLC (“Drumfuzzled,” “we,” “us,” or “our”) reserves the right to change plan names, pricing, billing cycles and feature sets upon notice as described in Section 16.

 

4.2. Payment Methods & Authorization  

You must provide valid payment information (credit/debit card, PayPal or other methods we support) when you subscribe. By submitting payment details, you authorize Drumfuzzled (and our payment processors) to charge all Subscription fees and applicable taxes incurred under your account.

 

4.3. Billing Cycle & Auto-Renewal  

Subscriptions automatically renew at the end of each term (monthly, annual, or as otherwise specified) unless you cancel before the renewal date. We will notify you in advance of any fee changes. If payment fails, we may suspend or terminate your access until you update your billing information.

 

4.4. Free Trials & Promotions  

If you enroll in a free trial or promotional offer, you will not be charged until the trial/promo period ends. Unless you cancel before the trial or promotion expires, your selected Subscription will automatically convert to a paid plan at the then-current rate.

 

4.5. Cancellations & Refunds  

- **Cancellation:** You may cancel your Subscription at any time via your account dashboard. Cancellation takes effect at the end of the current billing cycle.  

- **60-Day Money-Back Guarantee:** If you’re not completely satisfied, contact us at [email protected] within sixty (60) days of your initial purchase for a full refund of all Subscription fees paid—no questions asked.  

- **Post-Guarantee Refunds:** After the 60-day period, all fees are non-refundable, except where required by law.  

•  **Marketplace Purchases:** The money-back guarantee does not apply to purchases made through third-party marketplaces (e.g., Apple App Store, Google Play); those are subject to the marketplace’s refund policies.

We reserve the right to deny refund requests in cases of suspected abuse, fraud, or excessive prior refund history

 

4.6. Taxes  

You are responsible for all applicable sales, use, VAT, GST or other taxes in your jurisdiction, except for U.S. federal and state income taxes based on Drumfuzzled’s net income.

 

4.7. Third-Party Services  

Subscriptions processed through third-party marketplaces (e.g., Apple App Store, Google Play) are subject to that marketplace’s terms, pricing and refund policies. Please contact the relevant provider directly for billing issues on those platforms.

 

5. Intellectual Property & Licenses

 

5.1. User Ownership  

You retain all right, title and interest in and to any content you submit to the Service (e.g., videos, solos, images, text), subject to the licenses you grant in Sections 5.2 and 5.3.

 

5.2. Service-Operation License  

By uploading or posting content, you grant Drumfuzzled LLC (“Drumfuzzled,” “we,” “us”) a perpetual, worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, distribute, display and otherwise use your content solely to operate, maintain, improve and promote the Service (including internal analytics).

 

5.3. Marketing & Promotional License (Opt-In)  

If you check the “Allow Drumfuzzled to feature my content” box when submitting your work, you additionally grant Drumfuzzled the right to showcase that content in marketing materials (social media, emails, ads, case studies, testimonials) with credit to you. You may revoke this promotional license at any time by emailing [email protected]; revocation applies to future uses only.

 

5.4. Feedback  

Any suggestions or feedback you provide to Drumfuzzled become Drumfuzzled’s sole property. You hereby assign to Drumfuzzled all rights, title and interest in and to that feedback, and Drumfuzzled may use it without restriction or obligation to you. This does not apply to creative content submitted for courses, communities or showcases, which are governed by Section 5.1 and 5.2.

 

5.5. DMCA & Infringement Notices  

If you believe any content on the Service infringes your copyright, please send a written notice to our Designated Copyright Agent (see Section 14). We will respond in accordance with the DMCA and applicable law, including removing or disabling access to the allegedly infringing material.

 

 

6. Disclaimers & Limitation of Liability

 

6.1. NO WARRANTY  

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Drumfuzzled LLC (“Drumfuzzled,” “we,” “us,” or “our”) DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE MATERIALS, USER CONTENT, OR COMMUNITY INTERACTIONS.

 

6.2. RESULTS & CONTENT DISCLAIMER  

You acknowledge that your progress and results will vary based on your background, practice habits and commitment. Drumfuzzled does not guarantee any specific skill gains, business outcomes or creative success. Any examples, testimonials or case studies are not guarantees of future performance.

 

6.3. INDEMNIFICATION  

You agree to defend, indemnify and hold harmless Drumfuzzled and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising out of or related to:  

  - Your use of or conduct on the Service;  

  - Your violation of these Terms or applicable law; or  

  - Your infringement or alleged infringement of any third party’s rights (including intellectual property or privacy rights).

 

6.4. LIMITATION OF LIABILITY  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Drumfuzzled OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

IN NO EVENT WILL Drumfuzzled’s TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO Drumfuzzled IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR ONE HUNDRED DOLLARS (US $100), WHICHEVER IS GREATER).

  

7. Governing Law & Dispute Resolution

 

7.1. Governing Law  

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-law principles.

 

7.2. Informal Negotiations  

Before filing a formal claim, you and Drumfuzzled agree to try to resolve any dispute informally. You must send a written notice to [email protected] describing your claim in detail and your desired remedy. If we cannot resolve the dispute within thirty (30) days, you may proceed as set out below.

 

7.3. Binding Arbitration  

Except for small claims court actions and claims for injunctive or other equitable relief, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

7.4. Venue & Procedures  

The arbitration will be conducted in Clark County, Nevada (or another location we both agree on). Each party will bear its own costs, except that Drumfuzzled will cover any AAA filing fees in excess of $200. You may choose to have the arbitration conducted by phone, based on written submissions, or in person.

 

7.5. Jury and Class Action Waiver  

YOU AND Drumfuzzled WAIVE THE RIGHT TO A JURY TRIAL.  

YOU AND Drumfuzzled ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

7.6. Equitable Relief  

Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

 

7.7. Severability  

If any part of this arbitration agreement is found unenforceable, the remainder will remain in full force and effect, and the unenforceable portion will be severed.

 

8. Cookies & Tracking Technologies

 

8.1. Overview  

Drumfuzzled LLC (“Drumfuzzled,” “we,” “us,” or “our”) uses cookies and similar technologies to keep our Services running smoothly, understand how you engage with content, and—where you consent—customize your experience. All cookie and tracking practices comply with applicable global privacy regulations, including the EU ePrivacy Directive/GDPR, CCPA/CPRA, PIPEDA, LGPD, PDPA and Australia’s Privacy Principles (APPs).

 

8.2. What They Are  

- **Cookies** are small text files that your browser stores at our request.  

- **Tracking Pixels (Web Beacons)** are tiny, invisible images embedded on pages or in emails that let us monitor usage.  

- **Local Storage & Fingerprinting** includes HTML5 storage and device–fingerprinting scripts that help us recognize your device and preferences.

 

8.3. Categories of Cookies  

- **Strictly Necessary:** Essential for core functionality—authentication, checkout, session integrity. No consent required.  

- **Performance:** Collect anonymous data on site performance (page load times, error logs) to drive technical improvements.  

- **Functional:** Remember your preferences (language, layout) to streamline your experience.  

- **Marketing:** From Drumfuzzled or authorized partners, these deliver relevant promotions, measure campaigns and, with your consent, profile interests.

 

8.4. Third-Party Tracking  

We integrate cookies and pixels from third parties (e.g., Kajabi Analytics, Google Analytics, Meta Pixel, Hotjar, YouTube, Vimeo). These providers operate under their own policies; we recommend reviewing them before interaction.

These services are used solely to improve user experience and marketing performance. No sensitive personal data is shared.

 

8.5. Your Choices & Controls  

- **Consent Banner:** Where required (EU, Singapore), we display a banner on first visit so you can accept all non-essential cookies, reject them or customize by category.  

- **Do Not Sell/Share (CA):** California residents can opt out via our “Do Not Sell or Share My Personal Information” link.  

- **Implied/Explicit Consent (CA/BR/CA):** In Canada and Brazil, we rely on implied or explicit consent and let you withdraw it anytime.  

- **Advance Notice (AU):** Under Australia’s APP 5, we notify you at or before collection and let you refuse non-essential cookies.  

- **Browser Controls & Opt-Out Tools:** You can also manage cookies via your browser settings or use opt-out tools like the Network Advertising Initiative (NAI) and YourAdChoices. Note that disabling cookies may degrade functionality, disrupt course delivery or limit features.

  

9. Security Practices

 

9.1. Platform & Infrastructure Security  

All personal data is processed and stored in certified third-party environments (primarily Kajabi) that enforce industry-standard controls, including:  

- SSL/TLS encryption for data in transit  

- AES-256 encryption for data at rest  

- Network firewalls and intrusion detection/prevention systems  

- Continuous vulnerability scanning and patch management  

All vendors undergo due-diligence vetting and are contractually bound to maintain equivalent safeguards.

 

9.2. Access Management & Internal Controls  

Access to any personal data is strictly limited to authorized Drumfuzzled personnel on a need-to-know basis. We enforce:  

- Unique user credentials and strong password policies  

- Mandatory multi-factor authentication for administrative roles  

- Role-based access controls and least-privilege principles  

- Comprehensive logging, continuous monitoring and periodic audits of all access and administrative actions

 

9.3. Encryption, Pseudonymization & Data Integrity  

Where feasible, Drumfuzzled applies pseudonymization techniques and encrypts sensitive data—such as authentication credentials and payment tokens—both at rest and in transit, in line with GDPR’s technical and organizational safeguard requirements.

 

9.4. Security Assessments & Audits  

We conduct:  

- Automated vulnerability scans on a regular cadence  

- Annual, independent third-party penetration tests  

- Periodic internal and external audits to validate our policies, controls and incident-response readiness against evolving legal and regulatory obligations

 

9.5. Incident Response & Breach Notification  

Drumfuzzled maintains a formal incident-response plan with clear roles, escalation paths and communication protocols. In the event of a confirmed data breach, we will:  

- Promptly contain and remediate the incident  

- Assess and document its impact  

- Notify affected individuals and relevant regulators within applicable timelines (e.g., 72 hours under GDPR), and in compliance with CCPA/CPRA, PIPEDA, LGPD, PDPA and Australia’s Privacy Act

 

9.6. Data Minimization & Retention  

We collect only the personal data necessary for the purposes described in our Privacy Policy and retain it only as long as required to deliver services, comply with legal obligations or fulfill legitimate business needs. Once retention requirements expire, data is securely deleted or irreversibly anonymized.  

 

10. Changes to the Service & Terms

 

10.1. Changes to the Service  

Drumfuzzled may modify, suspend or discontinue any part of the Service (including features, content or pricing) at any time in our sole discretion. We will use reasonable efforts to give you advance notice of material changes, but we are not obligated to do so.

 

10.2. Changes to These Terms  

We may revise these Terms from time to time. When we do, we will post the updated Terms at https://Drumfuzzled.com/terms and update the “Effective Date” above.  

- **Material Changes:** If a revision materially alters your rights or obligations, we will notify you (e.g., via email or an in-app notice) at least thirty (30) days before the new Terms take effect, giving you the opportunity to review and—if you choose—cancel your account before the changes apply.  

- **Non-Material Changes:** Minor edits (e.g., clarifications, typo fixes) become effective immediately upon posting.

 

10.3. Your Continued Use  

Your continued access to or use of the Service after the new Terms’ effective date constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and, if applicable, cancel your Subscription before the changes take effect.

  

11. Assignment

 

11.1. You may not assign, delegate or otherwise transfer any of your rights or obligations under these Terms—whether by operation of law or otherwise—without Drumfuzzled’s prior written consent, and any attempted assignment without consent will be void.  

11.2. Drumfuzzled may freely assign or delegate these Terms, in whole or in part, to a successor or affiliate (including in connection with a merger, acquisition or sale of assets), and these Terms will bind and inure to the benefit of permitted assigns and successors.

 

12. Miscellaneous

 

12.1. Entire Agreement  

These Terms (including any documents they expressly incorporate) constitute the entire agreement between you and Drumfuzzled concerning the Service, superseding all prior or contemporaneous communications, agreements or representations—oral or written—regarding the same.

 

12.2. No Waiver  

No failure or delay by Drumfuzzled in exercising any right under these Terms will operate as a waiver of that right, nor will any single or partial exercise of any right preclude any other or further exercise of that right.

 

12.3. Severability  

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

 

12.4. Force Majeure  

Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control (including acts of God, war, terrorism, labor disputes, pandemics, governmental orders, cyberattacks or Internet outages).

 

12.5. Third-Party Beneficiaries  

Except as explicitly provided otherwise, no person or entity other than you and Drumfuzzled will have any right to enforce any provision of these Terms.

 

12.6. Headings  

Section and subsection headings are for convenience only and do not affect interpretation.

 

13. Notices & Contact Information

 

13.1. Notices to You  

We may provide notices to you by email (to the address you’ve provided) or by posting a notice on the Service. Notice by email is deemed given when the email is sent; notice by posting is deemed given at the time of posting.

 

13.2. Notices to Drumfuzzled  

All legal notices to Drumfuzzled must be in writing and sent to:  

 

Drumfuzzled, LLC 

Attn: Legal Department  

8465 W. Sahara Ave., Suite 111
Unit #1415
Las Vegas, NV 89117

Email: [email protected]

 

13.3. Electronic Communications  

By using the Service, you consent to receive electronic communications from us (e.g., emails, in-app notices). You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

 

 

14. Copyright Infringement & DMCA Agent

 

14.1. DMCA Takedown Procedure  

If you believe that any material on the Service infringes your copyright, you may submit a written “Takedown Notice” pursuant to the U.S. Digital Millennium Copyright Act. Your notice must include:  

  a) A physical or electronic signature of the copyright owner (or their authorized agent).  

  b) Identification of the work claimed to be infringed.  

  c) Identification of the infringing material and its location on the Service (e.g., URL).  

  d) Your contact information (address, telephone, email).  

  e) A statement that you have a good-faith belief the use is unauthorized.  

  f) A statement under penalty of perjury that the information in your notice is accurate.

 

14.2. Designated Copyright Agent  

Drumfuzzled’s DMCA Agent for notice of claims of infringement is:  

  Chris Reeve

  Drumfuzzled LLC  

  8465 W. Sahara Ave., Suite 111
  Unit #1415
  Las Vegas, NV 89117 

  Email: [[email protected]]

 

14.3. Counter-Notice  

If you receive a takedown notification and believe content was removed in error, you may send a Counter-Notice containing:  

  a) Your physical or electronic signature.  

  b) Identification of the removed material and its location before removal.  

  c) A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake.  

  d) Your contact information.  

  e) A statement consenting to the jurisdiction of the federal court in Nevada (or, if overseas, that you will accept service of process).

 

14.4. Repeat Infringers  

We reserve the right to terminate accounts of users who are repeat infringers in appropriate circumstances.

 

14.5. Record-Keeping  

Drumfuzzled maintains a log of all DMCA notices and counter-notices and will process them in compliance with 17 U.S.C. §512.

 

 15. Privacy Policy

 

Your use of the Service is governed by our Privacy Policy, available at https://www.drumfuzzled.com/privacy-policy, which is incorporated into these Terms by this reference. In the event of any conflict between these Terms and the Privacy Policy with respect to data privacy matters, the Privacy Policy will govern.

 

16. Definitions

 

16.1. “Account” means the unique user profile you create to access the Service.  

16.2. “Content” means all materials available through the Service, including course videos, written lessons, images, audio, user-generated uploads and documentation.  

16.3. “Effective Date” has the meaning given in Section 1.3.  

16.4. “Service” means Drumfuzzled’s online offerings, including its website, courses, communities and related features, accessible at https://Drumfuzzled.com.  

16.5. “Subscription” means any paid plan, membership or access right you purchase to use part or all of the Service.  

16.6. “Terms” means these Terms of Service, as may be amended from time to time.  

16.7. “User,” “you” or “your” means any individual or entity using or accessing the Service.  

16.8. “We,” “us” or “our” refers to Drumfuzzled LLC.  

16.9. Interpretation: Headings are for convenience and don’t affect meaning; singular includes plural and vice versa; “including” means “including without limitation.”

 

 

17. Acknowledgment, Acceptance & Effective Date

 

17.1. Your Acceptance  

By (a) creating an Account, (b) clicking “I Agree,” or (c) otherwise using or accessing the Service, you acknowledge that you have read, understood and agree to be bound by these Terms of Service.

 

17.2. Electronic Signature  

You agree that your electronic acceptance of these Terms (for example, by checking a box or clicking “I Agree”) constitutes your signature, acceptance and agreement to be bound by these Terms in the same manner as a handwritten signature.

 

17.3. Effective Date  

These Terms are effective as of the date you first accept them (“Effective Date”) and will remain in effect until terminated as set forth herein.

 

 

 

END OF TERMS  

If you have any questions about these Terms, please contact us at [email protected].