Terms Of Service
Last Updated August 17, 2023
Welcome to Open Minded Drumming! We are thrilled that you have chosen us to accompany you on your learning journey. Our primary goal is to empower you to become the best drummer you can be and we want you to love the experience. The following document is designed to help you by explaining in clear English, our guidelines and respective responsibilities. We don’t want anything to get in the way of an amazing experience!
Open Minded Drumming (OMD) provides music students and enthusiasts with educational products and services. By joining OMD, a property of Open Minded Creative Solutions, and using any of our educational products, services or learning tools, you agree to all of the following Terms of Service (TOS) and any future updates we may make to them.
OMD offers services:
Free Account | With a Free Account you will receive access to certain educational materials, articles, courses, lessons, exercises, services, and tools.
All Access Subscription | When you purchase All Access Subscription, you will receive access to all educational content, courses, lessons, exercises, articles, online meetings, social platform for users, special offers for subscribers. We are constantly adding new courses, services, and tools.
Monthly and Annual All Access Subscription actual pricing can be found on openmindeddrumming.com/payment-plans/.
Camp | An annual event that takes place in the indicated location and provides live masterclasses, lessons, workshops, labs, practise sessions, and other educational activities with industry-recognised experts. All the details about this service can be found on openmindeddrumming.com/camp
The cost of this service includes participation in masterclasses, lessons, workshops, labs, practice sessions, and other educational activities. However, it does not cover accommodation and food expenses.
The camp is held in Żywiec, Poland with support from local Municipal Center. As part of our commitment to providing accessible education, participants with Polish citizenship are eligible for a discounted price for the Camp. This discounted rate is intended to address economic challenges stemming from variations in average earnings, differences in exchange rates, and overall economic conditions. At OMD, we strive to make international and world-class education more attainable for Polish musicians who may face difficulties attending workshops and lessons abroad.
From time to time we may offer discounts on the price of All Access Subscription. Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue services, products or learning tools without prior notice.
Respecting the Children’s Online Privacy Protection Act, we cannot allow children under the age of 13 to open an account with OMD. Children between the ages of 13 and 18 must have a parent or guardian present when using OMD.
Guarantee and Refunds
Your satisfaction with our products and services is our primary concern. All of our products and services are covered by our 30-Day Price Pledge. Refunds will be made to your credit/debit card only. You will be refunded within a maximum of two weeks from your request, made within the 30-day money-back guarantee timeframe.
We are so confident that Open Minded Drumming will help you to become a better drummer that we’re offering an enhanced guarantee if you purchase an annual or monthly All Access Subscription with OMD and you decide within 30 days of purchase that it’s not for you. We will refund the full amount of your purchase and subsequently terminate your access.
The conditions below apply to the money-back guarantee. These conditions are in place to prevent misuse of this guarantee and not to make it more difficult to use. If you’re really not getting what you need from your OMD membership, we want you to take advantage of this guarantee and tell us how you think we can improve OMD. The conditions are as follows:
1. The refund only applies to your first purchase of annual or monthly All Access Subscription with OMD, It does not apply to renewals, individual online lessons or any other product or service we offer.
2. The guarantee is valid for exactly 30 days following the time and date you pay for a monthly or annual subscription with OMD.
3. Refunds are not available for accounts which have violated the terms of service; violations are determined at OMD’s sole discretion.
4. The refund is only to be used once per person. To prevent individuals from using multiple email addresses to obtain multiple subscriptions, you will need to send a digital image of an official document, e.g. utility bill, that shows your name and home address. This information will not be used for any other purpose than to validate your identity and will not be shared with any other company or be used for marketing purposes.
5. We reserve the right to refuse to honour the refund if we have a reasonable suspicion that the applicant has previously used the guarantee.
6. To benefit from this guarantee, following your cancellation request, we will ask you for 15 minutes of your time via a Zoom call so you can tell us how we can improve! We simply want to know where we’re going wrong and if you have thoughts about how we could be better.
If you wish to benefit from our 30-day money-back guarantee, then please email email@example.com
Fees, Charges and Billing
OMD offers discounted All Access Subscriptions, options to purchase individual educational products and services, and options to purchase subscriptions to certain educational products and services. By submitting your credit card, debit card or SEPA mandate, and associating that information with your OMD account, you authorise OMD to process your purchase accordingly.
If you purchase a monthly or annual subscription for a product or service, you understand and authorise OMD to automatically renew your subscription until cancelled. You can easily and quickly cancel your subscription in one click by accessing your account page or by contacting us via email: firstname.lastname@example.org
OMD Username and Password
You agree to be the sole user of the username and password you created when joining OMD, and to reasonably protect that username and password, and to notify OMD if you believe it has been breached or otherwise compromised.
We provide support free of charge by emailing us at email@example.com. Our customer support team will usually respond to queries and issues within 24 hours.
If your query or issue is of a technical nature, we may need to refer you to our Technical Support Team. On average, our Technical Support Team will reply within 2 working days.
From time to time, our wait times may be longer than usual. Many areas of OMD also have FAQ (Frequently Asked Questions) which may help to resolve common issues and queries.
Please note that OMD is a web-delivered service and in order to access it effectively, you will need to possess a suitable device with a modern browser installed and a fast Internet connection. We cannot support every version of every browser and therefore we encourage you to use your free account and money-back guarantee periods to help you evaluate OMD to your satisfaction.
Intellectual Property Rights
The staff at OMD, and all of the artists and educators that we are privileged to collaborate with, work very hard to author and produce the content that comprises the educational products and services available on OMD. All of our educational products, services and learning tools are protected by United Kingdom and International copyrights, patents, and/or third-party licenses. You agree that you will not share, publish, copy, distribute, re-sell, or otherwise exploit our logos, branding, educational products and services, learning tools, and self-publishing tools or any other form of our intellectual property, for any personal, promotional and/or commercial use, without our express written permission.
User Generated Content
Various sections on the OMD website, and various products and services, allow for user-generated content such as comments, videos, lesson material, audio files, and other related user-generated content. By posting and/or uploading content to OMD, you warrant and represent that you own the rights to the content or are otherwise authorised to post and/or upload such content. Furthermore, you agree to not post and/or upload any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information.
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. OMD reserves the right to update, revise, or otherwise alter the terms and conditions set forth in this agreement, at any time, with notice provided in your OMD account. Your continued use of OMD and its products and services following posting of a change notice or new agreement will constitute your binding acceptance of the changes.
You agree to indemnify, defend, and hold harmless OMD, its educators, affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the OMD website or its products, services, and learning tools, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law and Dispute Resolution
If a dispute arises between you and OMD, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Our Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Terms of Service shall be governed and construed in all respects by the laws of England and Wales. You and OMD both agree to submit to the non-exclusive jurisdiction of the English courts. In simple terms, ‘non-exclusive jurisdiction of the English courts’ means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
OMD reserves the right to terminate your account, subscription, and/or access at any time, and for any reason at our sole discretion.
Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the OMD and OMD will have no liability or responsibility with respect thereto. OMD reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the OMD.
To the maximum extent permitted by applicable law, OMD is not responsible for and makes no representations or warranties or endorsements of any kind whatsoever, express or implied, including:
(a) OMD educational products and services, learning tools, and self-publishing tools; (b) The OMD content on or provided through OMD educational products and services; (c) The content or user content (including its accuracy and reliability); (d) Any third-party content; (e) The linked services; (f) The functions made accessible on or through OMD educational products, services, and learning tools; (g) Any products, services, or instructions offered or referenced on the OMD website, educational products, services, and learning tools; (h) Security associated with the transmission of information via the OMD website, educational products, services, learning tools, and self-publishing tools.
Additionally, to the maximum extent permitted by applicable law, OMD is not responsible for any damage, injury, or loss caused by users of the OMD website, educational products, services, learning tools, and self-publishing tools; or by any of the equipment or programming associated with or utilised in the OMD website, educational products and services, learning tools, and self-publishing tools services; or linked services..
OMD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication.
OMD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the OMD website, educational products and services, learning tools, and self-publishing tools services; services or linked services or combination thereof, including, without limitation, any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the OMD website, educational products and services, learning tools, and self-publishing tools services; or linked services.
Under no circumstances shall OMD be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the OMD educational products and services, learning tools, and self-publishing tools, or linked services, attendance at a OMD event, from any user content posted on or through the OMD website or linked services, or from the conduct of any users of OMD, whether online or offline.
OMD educational products, services and learning tools, and linked services are provided “as-is” and “as available” and “with all faults” basis and OMD expressly disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. OMD cannot guarantee and does not promise any specific results from use of OMD educational products and services, learning tools, and self-publishing tools, or linked services.
Limitation of Liability
In no event shall OMD be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes, but is not limited to, damages arising from: (a) your use or inability to use OMD educational products and services, learning tools, self-publishing tools, or linked services; (b) actions taken in connection with investigations by OMD or law enforcement authorities regarding your access to or use of OMD services; (c) actions taken in connection with copyright, intellectual property rights, or other rights owners; (d) errors or omissions in the technical operation of OMD services; or (e) any damage to a user’s computer, hardware, software, or other equipment resulting from security breaches, viruses, bugs, tampering, fraud, errors, interruptions, defects, delays, computer line or network failures, or any other technical or other malfunctions.
Regardless of the form of the action, OMD’s liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to OMD for the services during the membership term. These limitations of liability will apply even if any of the events or circumstances were foreseeable, and even if OMD was advised of or should have known of the possibility of such losses or damages. This applies to actions based on contract, negligence, strict liability, or tort, including those caused in whole or in part by negligence, acts of God, telecommunications failure, or destruction of OMD educational products and services, learning tools, or self-publishing tools.
Questions? Concerns? Suggestions?
Please contact us through firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the OMD.