Website Terms of Use
1. About these Terms of Use and the Website
1.1 These terms (“Terms of Use”) apply to the websites, microsites, and mobile versions of these websites, including marshall.com (collectively, the “Website”) that link to these Terms of Use, and that are owned, operated, or controlled by Marshall Group AB (on this Website referred to as “Natal Drums”). By using the Website, the user (“you”) agree to be bound by these Terms of Use.
1.2 PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND NATAL DRUMS. BY USING THIS WEBSITE AND ANY RELATED SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE WEBSITE. YOU MAY NOT ACCESS OR USE THIS WEBSITE IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE.
1.3 On this Website, Natal Drums displays products to end consumers. The Website is provided for private use and is available in several countries.
1.4 In order to use the Website, you must be 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
1.5 These Terms of Use are applicable to the extent allowable under mandatory law in your country of residence.
2. Intellectual Property Rights
2.1 The Website is operated and owned by Marshall Group AB (on this Website referred to as “Natal Drums”). Natal Drums and the other respective owners of the intellectual property rights associated with or displayed on the Website retain all rights regarding their intellectual property rights, such as designs, copyright, patents, trademarks, trade names, brand names and trade dress. Any unauthorized use of trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines may constitute infringements in Natal Drums’ rights and/or unfair competition.
2.2 The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by national and international copyright laws and treaties. The Materials are provided by Marshalls under a limited license to Website users, subject to the restrictions and limitations set forth in these Terms of Use. Your license to use Materials may be revoked at any time for any reason or no reason.
2.3 The Website may be used by you only for your personal informational purposes. Except as set forth in Section 2.2, no right, title or interest in Natal Drums’ materials is conveyed to you. Your usage is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its materials without Natal Drums’ prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of the materials. All rights not expressly granted are reserved by Natal Drums.
2.4 Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited.
2.5 Linking to the Website is prohibited without express written permission from Natal Drums. Furthermore, framing, inline linking or other association of the Website or its materials with links, advertisements and/or other information not originating from Natal Drums is expressly prohibited.
2.6 All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Natal Drums and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by national and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms of Use or by virtue of your use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Natal Drums or the applicable rights holder.
2.7 Your permitted use of the Website and Materials is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Natal Drums to access Materials, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third-party terms. You must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the Website. Natal Drums reserves the right, in its sole discretion, to terminate any license granted to you hereunder and/or bring legal action against you if you engage in use that violates these Terms of Use. Natal Drums’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
3. Products, Content and Specifications
3.1 Information on the Website may occasionally be inaccurate, incomplete or out of date. Neither Natal Drums nor any of its respective affiliates or subsidiaries warrant the accuracy or completeness of the information provided on or through the Website.
3.2 Natal Drums makes all reasonable efforts to accurately display the attributes of the information and the products, including the applicable colors. However, the actual color you see will depend on your computer system and configuration, and Natal Drums cannot guarantee that your computer will accurately display such colors.
3.3 All information and products displayed on the Website may be changed over time and may vary depending on which country you have selected.
4. Linking
4.1 Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). Natal Drums does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites.
5. Disclaimers
5.1 NATAL DRUMS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE OR MATERIALS OR REPRESENT THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. Limitation of Liability
6.1 In no event and to the extent allowable under mandatory law, will Natal Drums be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this website including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Natal Drums is expressly advised about the possibility of such damages.
6.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL NATAL DRUMS’ AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OF USE EXCEED THE GREATER OF ONE THOUSAND (1,000) SEK. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NATAL DRUMS’ AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.
7. Indemnification
7.1 You agree to indemnify and hold Natal Drums, its directors, officers, employees, agents, and affiliates harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this website or breach of these Terms of Use. Natal Drums reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Natal Drums in asserting any available defenses.
8. Your Communications and Submissions
8.1 If you submit any information or material on the Website, you are responsible for such submission and the consequences of publishing it. You are not allowed to submit any information or material that is objectionable or violates any law or contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer or of the Website.
8.2 Natal Drums may, but is not obligated to, monitor the Website and social media for content that is illegal, unlawful or harmful. Natal Drums reserves the right to determine whether any submissions are appropriate and complies with any rules and restrictions and whether to allow the uploading and/or removal of such submissions. If you become aware of any such content or behavior, please contact social@marshall.com. Natal Drums and its affiliates take no responsibility and assume no liability for any information submitted by you or any third party. You understand and agree that Natal Drums does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will Natal Drums be liable for any such third-party content or for any loss or damage resulting from your use of, or reliance on, such third-party content.
8.3 Natal Drums does not permit any activities on this Website that infringes on the intellectual properties of others.
9. Website Security
9.1 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Natal Drums’ system or network security using any of the means above may result in civil and/or criminal liability.
9.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
9.3 You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Natal Drums and other than generally available third party web browsers.
10. Registration, Accounts and Passwords
10.1 By creating an account on the Website, you will be able to move through the checkout process faster, store multiple shipping addresses, view and track your orders in your account and more.
10.2 You are responsible for the personal protection and security of any password or username that you may use to access this Website. The account is personal and you are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You must notify Natal Drums immediately if you suspect a breach of security or unauthorized use of your account and/or login details. You are obligated to immediately report a lost or stolen password or username to Natal Drums.
10.3 You may terminate Your account at any time. At its sole discretion, Natal Drums may limit or permanently terminate a user account for any reason.
11. Privacy and cookies
11.1 For information on how personal data is process by Natal Drums and how Natal Drums use cookies and similar techniques on the Website, please see Natal Drums’ ´s Privacy Policy and Cookie Policy.
12. Revisions
12.1 Natal Drums may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Natal Drums also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and without notice to the extend allowable under mandatory law. Currently applicable Terms of Use is always posted on the Website. Your continued use of this Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.
13. Forum and Governing Law
13.1 Any dispute, controversy or claim regarding the interpretation or application of these Terms of Use shall be governed and construed in accordance with Swedish law and settled by public court in Sweden to the extent this is possible under mandatory applicable consumer protection law in the country where the user resides.
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These Terms of Use were last updated on 25 March 2024.