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.
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
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.
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.
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 email@example.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.
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.
Please contact us at DRIVER at firstname.lastname@example.org should you have any questions regarding these Terms of Service.