Terms and Conditions
1. Your Acceptance
BY USING AND/OR
VISITING THIS WEBSITE ("Driving-Vacation.com Website", or
"Website"), YOU AGREE TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Service") AND THE TERMS AND CONDITIONS OF OUR PRIVACY
NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to
any of these terms, then please do not use the Website.
2. Definition of Terms.
The terms
“you,” “your,” “yours” refer to the user(s) of the Website, and the terms “we,”
“us,” “our,” “ours” refer to Driving Experience Media, LLC, the operator of
the Website, and its agents, sucessors and assigns. Users who contribute any
content to the Website are referred to as “contributors” and the contributed
content are referred to as “submissions.”
3. Website Use; No Removal of Intellectual
Property Rights
These Terms of
Service apply to all users of the Website, including users who are also
contributors of content, blogs, pictures, reviews, video content, information,
and other materials or services on the Website. The Website contains
advertisements and links to third party websites that are not owned or
controlled by us, but which are a necessary part of our business to fund the
operations of our Website and to provide the services to you. We have no control
over, and assume no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, we will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly relieve us from any and all liability arising from your use of any
third-party website. You are responsible for being aware of when you leave the
Website and to read the terms and conditions and privacy policy of each other
website that you visit.
A. We hereby
grant you permission to use the Website as set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or distribute any part of
the Website in any medium without our prior written authorization; (iii) you
will not alter or modify any part of the Website other than as permitted by us
in order for you to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Service.
B. In order to
access some features of the Website, you will have to create an account. You
may not share your account with another person, and you may not use another
person’s account. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. You must
notify us immediately of any breach of security or unauthorized use of your
account. Although we will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for our losses of losses to
others due to such unauthorized use.
C. You agree not
to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses the Website in a manner that sends more request messages to the
servers in a given period of time than a human can reasonably produce in the
same period by using a convention on-line web browser. Notwithstanding the
foregoing, we grant the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. We reserve the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.
D. The content
on the Website, except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned
by or licensed to us, subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without our prior written consent. We reserve
all rights in and to the Website and the Content. You agree not to use, copy, or
distribute of any of the Content or the User Submissions other than expressly
permitted herein or for any commercial purposes. If you download or print a
copy of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the Website or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the Website or the Content therein.
4. User Submissions
A. The Website
may now or in the future permit user submissions of content, blogs, pictures,
reviews, video content, information, and other materials submitted by you and
other users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. Under no circumstances do we guarantee any
confidentiality with respect to any submissions.
B. You are
solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize us to use, host,
broadcast, share or publish the submissions, including any and all patent,
trademark, trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User Submissions in
the manner contemplated by the Website; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. As a contributor, you retain
all of ownership rights in your User Submissions. However, by
submitting the User Submissions to us, you hereby grant us a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, host, broadcast, share, publish, prepare derivative
works of, display, and perform the User Submissions in connection with the
Website and our business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user
of the Website a non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by you survives any removal or deletion of a User Submission
from the Website.
C. In connection with User Submissions, you further
agree that you will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant us all
of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage us or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person;
(vi) interfere with or disrupt the Website or servers or networks servicing or
connected to the Website or introduce any malware, viruses, bugs, trojans,
bots or other malicious codes to the Website. We expressly
disclaim any and all liability in connection with User Submissions, and all
opinions, reviews, endorsements, criticism, mistakes, factual errors and the
like are the sole responsibility of the contributor. We do not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and we will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. We may or may not prescreen any submission, but
we reserve the right to prescreen any submission and to remove any Content and
User Submissions without prior notice. We reserve the right to terminate a
User's access to its Website for repeated infringement or for any reason deemed
by us in our sole discretion to merit removal with or without prior notice. We
also reserve the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. may remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion. Your use of the Website is a
privilege, not a right, and can be terminated by us at will.
D. In
particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
(ii)
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii)
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
(iv) Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
(v) A statement
that you have 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
(vi) A statement
that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Our designated
Copyright Agent to receive notifications of claimed infringement is:
copyright@driving-vacation.com, For clarity, only DMCA notices should go to
the Copyright Agent. You acknowledge that if you fail to comply with all of
the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You
understand that when using the Website, you will be exposed to User Submissions
from a variety of sources, and that we are not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against us with respect thereto, and agree to
hold us harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
5. Warranty Disclaimer
YOU AGREE THAT
YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, DRIVING EXPERIENCE MEDIA, LLC, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT
SHALL DRIVING EXPERIENCE MEDIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS 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.
YOU SPECIFICALLY
ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by us from our facilities in the United States of
America.
We make no representations that the Website is appropriate or available for use
in other locations. Those who access or use the Website from other
jurisdictions do so at their own choice and assumptions of risks and are
responsible for compliance with local law.
7. Indemnity
You agree to
defend, indemnify and hold us harmless 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 Website; (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 User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the Website.
8. General Terms and Conditions
You affirm that
you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by us without restriction. You agree that: (i) the Website shall be
deemed solely based in Nevada; and (ii) the Website shall be deemed a passive website that does
not give rise to personal jurisdiction over us, either specific or general, in
jurisdictions other than Nevada. These Terms of Service shall be governed by the internal
substantive laws of the State of Nevada, without respect to its conflict of laws
principles. These Terms of Service, together with our Privacy Notice and any
other legal notices published by us on the Website, shall constitute the entire
agreement between you and us concerning the Website. If any provision of these
Terms of Service is deemed invalid by a 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 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 our failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. We may change or amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Website following any
amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
