Terms of Use

Welcome to the Web Site of Driver Digital Holdings, LLC. (sometimes referred to as "we," "us," "our," or "DRIVER"). DRIVER operates this Web Site to provide online access to content (the "Service"). Our Services are provided subject to the following terms and conditions. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

1. Privacy Policy

You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting the Web Site.

2. Electronic Communications

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.

3. Use of Message Services

You agree not to use this site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although DRIVER does not regularly review content you submit to this site, DRIVER reserves the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that DRIVER finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold DRIVER harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or incorporate it in other works in any form, media, or technology now known or later developed, of the full term of any rights that may exist in such content, the content in any manner that DRIVER deems appropriate, in its sole and exclusive discretion, consistent with DRIVER’s Privacy Policy and these Terms of Use.

4. Copyright

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of DRIVER or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of DRIVER is used with permission. The arrangement and compilation of all content on this site are the exclusive property of DRIVER and are protected by U.S. and international copyright laws. All software used on this site is the property of DRIVER or its software suppliers and is protected by United States and international copyright laws. Unless otherwise explicitly denoted on a specific web page, you may not download, reproduce, or otherwise use or license any of the copyrighted material from this website without prior written consent from DRIVER.

All content, software, scripts, images, graphics, audio, video, ringtones, wallpaper, and other materials in any form (collectively, "DRIVER Content") is protected by copyrights, trade or service marks, patents, or other proprietary rights, and are owned or licensed by DRIVER, subject to intellectual property rights under the United States and international laws and conventions. You understand and agree that all DRIVER Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed, or otherwise used or exploited for any purpose and in any manner without the prior written consent of DRIVER or its respective owners. DRIVER reserves all right not expressly granted to you. If you download, print, or display any DRIVER Content for personal use, you must retain all copyright and other proprietary notices.

5. Trademarks

Certain marks used on our site are registered trademarks or service marks of DRIVER or our affiliates, in the United States and other countries. Certain DRIVER graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of DRIVER or our affiliates. DRIVER’s trademarks and trade dress may not be used for any commercial or other purposes by any party other than DRIVER or its affiliates without the prior written consent of DRIVER. All other trademarks and service marks not owned by DRIVER or our affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DRIVER.

6. Copyright/Trademark Compliance and Complaints

DRIVER honors the intellectual property rights of others. If you believe in good faith that any material provided on the Web Site infringes upon your intellectual property, you may send notice to DRIVER requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing.

The notice must include all of the following:

A. an electronic or physical of the copyright owner or person authorized to act on behalf of the copyright owner;

B. sufficient identification of the allegedly infringing material;

C. sufficient information as to the location of the allegedly infringing material so that it may be found and identified;

D. the complainant’s name, address, telephone number and, if possible, email address;

E. a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

If you believer in good faith that a notice of copyright infringement has been wrongly filed against you, you may send DRIVER a counter-notice. All notices with respect to DRIVER should be sent to the DRIVER copyright agent. DRIVER suggests that you consult with your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that DRIVER shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA. DRIVER’s designated Copyright Agent to receive notifications of claimed infringement is

Driver Digital Holdings, LLC, Attention Legal Department, 115 West 27th Street, 12th Floor, New York, NY 10001.

7. License and Site Access

DRIVER grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of DRIVER, however, you must agree and adhere to all of the following guidelines and requirements:

A. No Commercial Use. The Web Site is only for personal use and may not be used in connection with any commercial endeavors unless explicitly approved by DRIVER in writing. You may not place or transmit commercial advertisements, affiliate links, or any other forms of solicitation on the Web Site, without the express written authorization of DRIVER.

B. No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to "robots," "spiders," "offline browsers," or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Web Site than could reasonably be made by a human manually operating a web browser.

C. No Unsolicited Mailing or Marketing. You may not post, upload, email, or otherwise transmit to or otherwise cause DRIVER to email, transmit, or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.

D. No Solicitation or Provision of Personal Information. You may not use the Web Site in connection with any effort to solicit passwords or personal information from any other user, or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses.

E. No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content or digital media transmitted through the Web Site, or (ii) obscure, cover, or otherwise conceal any advertisements served by or for DRIVER that may appear on any page on the Web Site via HTML, CSS, Javascript or any other means, or (iii) circumvent, disable, or otherwise interfere with any security measures which may limit, restrict, or prevent use or copying of any user submissions, or enforce limitations on the use of the Web Site, or (iv) deceptively manipulate content, such as improve page rank in search engines, include excessive, repetitive, or irrelevant keywords in the content or code of web pages, etc.

F. No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity.

G. No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile.

H. No Unauthorized Linking or Framing. Should you wish to link to the DRIVER Web Site, you agree that you (i) will not replicate the Web Site’s Content; (ii) will not frame or border environment around any of the Web Site’s content; (iii) will not misrepresent any relationship with DRIVER or imply that DRIVER is connected to or endorses your products, services, or other offering; (iv) will not have disparaging content or misinformation about DRIVER on the linking website or source; and (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of DRIVER’s own content submission policy.

Despite these prohibitions, submissions or websites that link to the DRIVER Web Site that may violate these Terms of Service may be available on the Web Site and DRIVER assumes no responsibility or liability. If you become aware of such submissions or websites, please contact DRIVER.

8. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DRIVER and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

9. Reviews, Comments, Communications, and other Content

Users may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to info@driver.com.

10. Disclaimer of Warranties

You expressly agree that the use of the service is you’re your sole risk and that the service is provided "as is" and on an "as available" basis. DRIVER, its affiliates, and their officers, directors, employees, and agents (hereafter "the Driver Group") disclaim all warranties, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

The DRIVER GROUP makes no warranties or representations about the accuracy or completeness of the content provided on or via the service and the DRIVER GROUP assumes no liability or responsibility for any (i) errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained herein, (iv) any deletion of data or interruption or discontinuance of transmission to or from or through the service, (v) any bugs, viruses, Trojan horses, malicious code or the like which may be transmitted to or through the service by any user or third party, and/or (vi) any error of omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content or submissions that may be uploaded to or otherwise made available through the service.

The DRIVER GROUP is not responsible for any content or transactions that is contained or may be available outside the service. The DRIVER GROUP makes no representations, warranties, guarantees, or any endorsements as to the quality, suitability, functionality or legality of any products, services, or other offerings that may be advertised or made available by a third party through the service or which may be linked to the service such as in advertising or a submission. Accordingly, the DRIVER GROUP will not be a party to or I any way be responsible for any transaction that may occur between you and such third parties and you should always use prudent judgment and read the privacy policies on websites of such third parties.

DRIVER reserves the right to change any and all content, software and other items used or contained at the Web Site and any services and applications offered through the Web Site at any time without notice.

11. Limitation of Liability

In no event shall the DRIVER GROUP be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the web site in any manner, even if the DRIVER GROUP has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the DRIVER GROUP for the services during the term of membership. You specifically agree and understand that the DRIVER GROUP is not liable to you for any submissions or the defamatory, offensive, or illegal conduct of any third party and that you alone accept such risk of harm.

12. Indemnification

You agree to defend, indemnify and hold harmless DRIVER, its parent corporation, affiliates, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Web Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Web Site.

13. General and Miscellaneous.

You agree that the Web Site and any services provided by DRIVER shall be deemed solely provided and based in the state of New York, USA, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over DRIVER, either specific or general, in jurisdictions other than the state of New York. Any dispute that arises between you and DRIVER shall be governed by the laws of the state of New York, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in New York County, New York. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DRIVER without restriction. Should any provision of these Terms of Service be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Service, together with the Privacy Policy and any other legal notices published by DRIVER on the Web Site, shall constitute the entire agreement between you and DRIVER. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DRIVER’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND DRIVER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Please contact us at DRIVER at info@driver.com should you have any questions regarding these Terms of Service.