Owners and Collectors of Information
- Fifth Dimension Sound
- 561 Brant St. P.O. Box 85034 Brant Plaza
- Burlington, ON L7R 2G0
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
Information and Instructor Changes
The information and/or instructors listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics or products to be featured on our Sites or by any subsidiary of Fifth Dimension Sound™. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libellous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
The information, services, products, claims, lesson topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products. The only exception is the guarantees of satisfaction and graduation that are clearly labelled guarantees within our Sites. Neither we nor any of our respective licensors, sponsors, endorsers or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors, sponsors, endorsers or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors, sponsors, endorsers or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any teachers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors, sponsors, endorsers or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation
or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors, sponsors, endorsers or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker/guest instructor on our Sites.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers/guest instructors in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, sports therapy, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors, sponsors, endorsers or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
When addressing financial matters, such as earning money as a session musician or through the potential of a recording or endorsement deal, etc., in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life and skill level or grow your career as a musician. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes,” or the like on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining any results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue, be it from playing drums or any other venture. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, sports training, psychological or financial advice.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth, not to mention smart-ass remarks being thrown around on a regular basis. Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Fifth Dimension Sound will pursue legal action and full damages if these terms are violated in order to protect its rights.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in Canada. We do not represent that materials on the site are appropriate or available for use in other locations or regions. Persons who choose to access this site from other locations or regions do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information in order to record and support your participation in the activities you select. If you register for a training program, for example, the information is used to track your preferences, and to keep you informed about the program and related courses and/or products. As a visitor to our Sites, you can engage in many activities, such as the Metal Rants, without providing any personal information or by providing only a valid email address. In connection with other activities, such as registering for our affiliate program or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including Postal/ZIP code), e-mail address, , telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at firstname.lastname@example.org. You can also write us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone number. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us or our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords,
purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
PAID MEMBERSHIP PROGRAMS
30-day 100% Money-Back Guarantee and Graduation
Enrolment in any of the Metal Drumming Mastery™ paid training programs comes with a no-hassle, 30-day money-back guarantee, providing a full refund of all membership dues paid within those first 30 days. So long as contact has been made before midnight EST (GMT-5) on the 30th day of your membership stating clearly, the intention to cancel and withdraw from the program, thereby immediately closing access to that training program, a full refund will be processed within two (2) business days of notification. All cancellation notifications are handled through email@example.com.
While it is warranted that all cancellation requests will be processed within two (2) business days of notification, it is understood that because all payments are handled by a third party vendor, in most cases Paypal, this 30-day money-back guarantee can in no way warrant that such refunds will appear on your financial institution’s records within those two (2) business days. After the initial 30 days has passed, the user understands and agrees that they are no longer entitled to a refund of program membership dues.
“The Guarantee” applies only to new program subscriptions.
As part of this guarantee, users who follow through the entire training cycle for the program they have signed up for, will be granted lifetime access to that program with no further membership dues after the final billing cycle for that program.
The “Graduation terms” are defined as follows:
- Metal Drumming Mastery™ Metal Apprentice Program- 8 months in duration (as defined in “Monthly Memberships”) with 8 billing cycles . After following through to the end of this 8-month cycle, billing will cease and user will be granted with free access to Metal Apprentice program hence forth.
- Metal Drumming Mastery™ Metal Expert™ Program- 6 months in duration (as defined in “Monthly Memberships”) with 6 billing cycles . After following through to the end of this 6-month cycle, billing will cease and user will be granted with free access to the Metal Expert™ program hence forth.
- Metal Drumming Mastery™ Metal Overlord™ Program- 4 months in duration (as defined in “Monthly Memberships”) with 4 billing cycles . After following through to the end of this 4-month cycle, billing will cease and user will be granted with free access to this program hence forth.
Graduation of one specific program does not grant open or free access to any of the other training programs. This Graduation Guarantee applies only to the program in which the user is enrolled.
Users who cancel a program’s membership after the 30-day money-back guarantee period, but before “The Graduation,” will not be subject to a refund of membership dues paid, in part or in full, and access to that program’s lesson material will cease at the end of the User’s current billing cycle.
Cancellation of enrolment in any of the paid training courses will not cancel enrolment in the Metal Wannabe membership, which is the free and open access area of Metal Drumming Mastery™. Users who decide not to continue with a training program through to graduation will still have open access to all the amenities of the Metal Wannabe membership. Users wanting to terminate this membership access as well, will need to do so on their own through the member’s profile pages.
For the purpose of billing, as well as lesson delivery, “one month” is defined as a 4-week, 28 day cycle, not a calendar month. Therefore, our “8-month” programs will be 32 weeks in length, incurring 8 billing cycles. Our “6-month” programs will be 24 weeks in length, incurring 6 billing cycles, and so on, and so on. Automatic billing of membership dues will occur on the 1st day of every 4-week, 28 day cycle. This means that users will actually receive 9 lessons to try within the 30-day money-back guarantee period.
Cancellation within the 30-day money-back guarantee of any program will result in immediate termination of that particular program’s membership as well as access to that program.
Cancellations that occur after the 30-day money-back guarantee and are between billing cycles- In this instance, membership and recurring billing will be cancelled immediately, while access to that program will continue through to the end of most recent paid month.
If a user is subscribed to more than one training program concurrently, the cancellation of one program does not cancel all programs. Each program and the terms associated with it are considered unique to that program.
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