Terms of Service

By accessing or using Drum Up (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. These Terms apply to all users, including restaurants, musicians, fans, and visitors.

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

Drum Up is a two-sided marketplace platform that connects restaurants and venues seeking live musical entertainment with musicians and bands looking for performance opportunities. Fans can also use Drum Up to discover and follow live music in their area.

Drum Up is not a talent agency, employer, or staffing firm. We provide the platform; the relationship formed through a booking is between the restaurant and the musician.

You must be at least 18 years old to create an account. By registering, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal authority to enter into these Terms.
• All information you provide is accurate and current.
• You will maintain the accuracy of your information.

Accounts may not be created or used by automated systems without our prior written consent.

To access most features you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at brogan.smith525@gmail.com if you suspect unauthorized access.

You may not share your account, transfer it to another person, or create multiple accounts for the purpose of circumventing restrictions.

When a restaurant confirms a musician application, a booking is created. All payment for confirmed bookings must be processed through Drum Up's integrated payment system (powered by Stripe Connect).

Drum Up is a booking marketplace only and is not responsible for ensuring compliance with music performance licensing requirements, including but not limited to licenses issued by ASCAP, BMI, and SESAC.

Restaurants and venues are solely responsible for obtaining any required performance licenses for their establishment prior to hosting live music. This includes blanket licenses for publicly performed musical compositions where required by applicable law.

Musicians are solely responsible for ensuring they have the rights to perform any material included in their sets. Drum Up makes no representations and accepts no liability regarding the licensing status of any music performed at a booked engagement.

Musicians are responsible for reporting and paying all applicable federal, state, and local taxes on income earned through the Drum Up platform. Drum Up does not withhold taxes on behalf of musicians.

Drum Up and its payment processor Stripe may be required to issue IRS Form 1099-K to musicians who exceed applicable reporting thresholds under federal tax law. By using the platform, musicians agree to provide accurate tax identification information as required and acknowledge that Drum Up may report payment information to the IRS and other applicable tax authorities.

Musicians should consult a qualified tax professional regarding their individual tax obligations. Drum Up is not a tax advisor and nothing in these Terms constitutes tax advice.

You agree not to:

• Post false, misleading, or fraudulent information on your profile or in slot listings.
• Use the Service for any unlawful purpose or in violation of any applicable law.
• Harass, threaten, or abuse other users.
• Circumvent or attempt to circumvent the platform fee through any means.
• Scrape, crawl, or otherwise extract data from the Service in bulk without written permission.
• Upload malware, viruses, or any harmful code.
• Impersonate another person or entity.
• Use the messaging system to solicit direct bookings or share payment information.

Violations may result in account suspension or permanent termination.

The Drum Up name, logo, and all platform content created by Drum Up are protected by copyright and trademark law. You may not use our branding without express written permission.

Content you upload (profile photos, performance videos, bio text) remains yours. By uploading it, you grant Drum Up a non-exclusive, royalty-free, worldwide license to display and distribute that content as part of operating the Service, including for marketing and promotional purposes. You may revoke this license by deleting the content from your account.

Drum Up integrates with third-party services including Stripe (payments), Google (authentication and location), and Supabase (infrastructure). Your use of those services is subject to their respective terms and privacy policies. Drum Up is not responsible for the acts or omissions of any third-party provider.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. Drum Up does not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not endorse any musician, restaurant, or other user, and we make no representations about the quality, safety, or legality of any listing or performance.

To the fullest extent permitted by applicable law, Drum Up and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, even if Drum Up has been advised of the possibility of such damages.

Drum Up's total liability to you for any claim arising out of these Terms or the Service shall not exceed the greater of: (a) the amount you paid to Drum Up in the 12 months preceding the claim, or (b) one hundred dollars ($100 USD).

You agree to indemnify, defend, and hold harmless Drum Up and its affiliates from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Service.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Philadelphia, Pennsylvania, and you consent to personal jurisdiction in those courts.

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason at our sole discretion. You may delete your account at any time from your account settings. Upon termination, your right to use the Service ceases immediately, though these Terms will otherwise survive termination to the extent applicable.

Questions about these Terms? Reach us at:

brogan.smith525@gmail.com