Your Agreement with Mack the Drummer
Welcome to the Mack the Drummer website. The following "Terms of Use" apply to your use of our Web site. If you visit at https://mackthedrummer.com, you accept these conditions. Please read them carefully before you enter our Web site. THE FOLLOWING "TERMS OF USE" CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND MACK THE DRUMMER. PLEASE READ ALL OF THE FOLLOWING "TERMS OF USE". BY USING THE MACK THE DRUMMER WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE "TERMS OF USE". IF YOU DO NOT AGREE TO BE BOUND BY THESE "TERMS OF USE", PLEASE EXIT OUR WEBSITE .
1. Ownership of Our Website
This Website is owned and operated by Mack the Drummer. All of the photographs featured on our Web site were created by photographers who have provided them to Mack the Drummer. These images are protected by United States and international copyright law. All of the other content on our Web site, including without limitation, the graphics, design, and look and feel are owned by Mack the Drummer and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.
2. Copyrights and Trademarks
All materials contained on the Website are Copyright February 23, 2025, Mack the Drummer. All rights reserved. You agree not to modify, alter or otherwise manipulate any portion of the Website, including without limitation, without Mack the Drummer’s prior written consent. In addition, you may not reverse engineer, decompile, or otherwise disassemble software on this Website. Mack the Drummer and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify Mack the Drummer, and the goods and/or services provided by Mack the Drummer. Such marks may not be used under any circumstances without the prior written authorization by Mack the Drummer.
3. Links to Third-Party Website(s)
Mack the Drummer may provide hyperlinks to third-party websites as a convenience to users of the Website. Mack the Drummer does not control third-party websites and is not responsible for the contents of any linked-to, third-party websites or any hyperlink in a linked-to website.
Mack the Drummer does not endorse, recommend or approve any third-party website hyperlinked from the Website. Mack the Drummer will have no liability to any entity for the content or use of the content available through such hyperlink.
4. Disclaimers
THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND MACK THE DRUMMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Mack the Drummer uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Mack the Drummer, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Mack the Drummer ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via the Contact Form. In addition, Mack the Drummer is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. Mack the Drummer, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.
5. Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Mack the Drummer, or if you otherwise infringe any intellectual property rights relating to the photographs, Products or this web site, you agree to indemnify and hold Mack the Drummer, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach of this terms of this Agreement. Your privilege to access, use, and contribute to our services depends on your compliance with the following guidelines. We may revoke your privileges to use our service and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention.
6. Changes to Terms of Use
Mack the Drummer reserves the right to change these "Terms of Use" at any time by posting new "Terms of Use" to this page. You can contact us here: Contact Form , with any questions relating to these "Terms of Use".
7. Other Terms
This Agreement shall be governed by the laws of the State of California without giving effect to any principles of conflicts of law. Mack the Drummer reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time. These Terms of Use constitute the entire agreement between you and Mack the Drummer with respect to the use of this site and any Mack the Drummer services. Mack the Drummer’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law