Terms of Use

Updated October 14, 2024

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WEB SITE, HTTPS://WWW.DRIFTHANDPANS.COM (“SITE”). USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

These Terms govern your use of the Site, which is operated by Drift Handpans, LLC (“DRIFT”). DRIFT authorizes you to view and access the Site strictly in accordance with and subject to these Terms and the Privacy Policy. For the purposes of these Terms, “Content” is defined as the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of the Site constitutes your agreement to all these Terms and to the Privacy Policy. Except as expressly permitted under any agreement with DRIFT under which you receive explicit written permission to do so, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or copying by any other method, without the permission of DRIFT or the copyright owner of the Content. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf of yourself and any organization on whose behalf you may act.

If you do not agree with the terms of these Terms or the Privacy Policy, you may not use the Site. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Content.

1. Modification of These Terms and Content

DRIFT reserves the right to change the terms and conditions for the Site at any time, so please refer periodically to the Terms posted on the Site. If our Terms change at any time, we will update the date at the top of the Terms and notify users who have registered to use the Site.

2. Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DRIFT and DRIFT is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. DRIFT is not responsible for webcasting or any other form of transmission received from any Linked Site. DRIFT provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DRIFT of the site or any association with its sponsor or operator.

3. No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to DRIFT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.

By way of example and not limitation, you agree that, when visiting or using the Site, you will: (a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) not submit any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (c) attempt to harvest or otherwise collect information about others, including e-mail addresses, without their consent (and DRIFT’s consent); (d) comply with all of DRIFT’s requirements, procedures, policies regarding visitation and use of the Site and all applicable laws and regulations; and (e) not to upload, email, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.

DRIFT reserves the right to limit or terminate your access to the Site at any time without notice for any reason whatsoever in addition to all other rights and remedies.

DRIFT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DRIFT's sole discretion and in accordance with DRIFT’s Privacy Policy.

4. Intellectual Property

A. Copyright: Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by DRIFT or the original creator of the Content. DRIFT also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.

You have no right to copy Content from the Services, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.

B. Trademarks and Service Marks: Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of DRIFT. These marks may only be used with written consent from DRIFT.

C. Other Intellectual Property Rights: The Site and any goods sold on the Site may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. DRIFT reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.

5. Liability Disclaimer

You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, emailed or otherwise transmitted.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE CONTENT ON THE SITE IS PROVIDED “AS IS” “WHERE IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. DRIFT FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT MAY BE OUT OF DATE, AND DRIFT MAKES NO COMMITMENT TO UPDATE THE CONTENT AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL DRIFT AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DRIFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. DMCA and Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send DRIFT a notice requesting that we remove the material or block access to it. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Drift Handpans, LLC

Address: 2436 Pennslyvania Avenue

Direct: +1 715-292-3545

We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.

7. Export Compliance

The Site and other Content made accessible under these Terms may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Content from the Site in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Site, Content or anything related to the Site is not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.

8. Law and Jurisdiction

The Site was created and is controlled by DRIFT in the State of Wisconsin, USA. Thus, to the maximum extent permitted by applicable law, these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to its conflict of laws principles or rules of construction concerning the draftsman hereof. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterward, between the parties hereto, their assignees, affiliates, attorneys, or agents, shall be litigated solely in state court in Dane County, Wisconsin or the United States District Court for the Western District of Wisconsin each in the United States of America. Each Party (1) submits to the jurisdiction of such court, and (2) waives the defense of an inconvenient forum. The application of the U.N. Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded. You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the Internet, including, but not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

9. Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions and the remainder of the Terms shall continue in effect.

10. General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DRIFT as a result of this agreement or use of the Site. DRIFT's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of DRIFT's right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DRIFT with respect to such use. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and DRIFT with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DRIFT with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.