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We at Drive Buy Media recognize the importance of our customer’s privacy. We are committed to protecting the information that we collect on-line and to limit its use to only those purposes which we believe will assist us in better serving you, our valued customer. We will never sell, rent or otherwise distribute your name, email or any other information you make available to us. Please review our policy set forth below to learn more about how we collect and use information on our web site. Should you have any questions, please contact our webmaster . By visiting Drive Buy Media, you are accepting the practices described in this Privacy Notice. WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES Drive Buy Media GATHER? The information we learn from customers helps us personalize and continually improve your experience at Drive Buy Media. Here are the types of information we gather.
WHAT ABOUT COOKIES?
DOES Drive Buy Media SHARE THE INFORMATION IT RECEIVES? Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described in this policy and with Drive Buy Media subsidiaries, controls that either are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy policy.
HOW SECURE IS INFORMATION ABOUT ME? We take many precautions to protect the information we collect via our website. The measures we employ to protect such information encompass physical, electronic, and procedural safeguards such as user id’s, passwords, encryption software, and restricted access. Specifically;
WHAT CHOICES DO I HAVE?
AUTOMATIC INFORMATION Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers. The full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for. INFORMATION YOU CAN ACCESS Examples of information you can access easily at Drive Buy Media include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences, payment settings ) TERMS & CONDITIONS OF USE, NOTICES, AND REVISIONS Our business changes constantly, and our Privacy Policy and the Terms & Conditions of Use will change also. We reserve the right to change or modify these policies at our sole discretion and any change or modification will apply retroactively to any and all information we have collected. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. If you choose to visit Drive Buy Media, your visit and any dispute over privacy is subject to this Notice and our Terms & Conditions , including limitations on damages and arbitration of disputes. If you have any concern about privacy at Drive Buy Media, please contact us with a thorough description, and we will try to resolve it. Related Practices and Information Terms & Conditions of Use
Nature of the Information on the Drive Buy Media Website
Disclaimer Regarding the Information on the Drive Buy Media Website
Questions Regarding this Disclaimer
DRIVE BUY MEDIA SERVICE AND USE AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. By using this site, you (“Client”) signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site. 1. Definitions. (A) Drive Buy Media is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Drive Buy Media. (B) Drive Buy Media does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Drive Buy Media. Reliance on any information provided by Drive Buy Media, Drive Buy Media employees, others appearing on Drive Buy Media at the invitation of Drive Buy Media, or other visitors to Drive Buy Media is solely at your own risk. (C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Drive Buy Media, sets forth the terms and conditions that apply to Client's use of Drive Buy Media. By using Drive Buy Media, Client agrees to comply with all of the terms and conditions hereof. The right to use Drive Buy Media is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client's Account and for ensuring that all use of Client's Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s). 3. Changed Terms. Drive Buy Media shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Drive Buy Media, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Drive Buy Media, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Drive Buy Media by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions. 4. Equipment. Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Drive Buy Media and all charges related thereto. (A) Client shall use Drive Buy Media for lawful purposes only. Client shall not post or transmit through Drive Buy Media any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a Client that in the sole discretion of Drive Buy Media restricts or inhibits any other Client from using or enjoying Drive Buy Media will not be permitted. Client shall not use Drive Buy Media to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Drive Buy Media. (B) Drive Buy Media contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Drive Buy Media are copyrighted as a collective work under United States copyright laws. Drive Buy Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Drive Buy Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Client shall not upload, post or otherwise make available on Drive Buy Media any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Drive Buy Media, Client automatically grants, or warrants that the owner of such material has expressly granted Drive Buy Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Client also permits any other Client to access, view, store or reproduce the material for that Client's personal use. Client hereby grants Drive Buy Media the right to edit, copy, publish and distribute any material made available on Drive Buy Media by Client. (D) The foregoing provisions of Section 5 are for the benefit of Drive Buy Media, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. Disclaimer of Warranty; Limitation of Liability. (A) CLIENT EXPRESSLY AGREES THAT USE OF DRIVE BUY MEDIA IS AT CLIENT'S SOLE RISK. NEITHER DRIVE BUY MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT DRIVE BUY MEDIA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DRIVE BUY MEDIA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DRIVE BUY MEDIA. (B) DRIVE BUY MEDIA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CLIENT SPECIFICALLY ACKNOWLEDGES THAT DRIVE BUY MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT. (D) IN NO EVENT WILL DRIVE BUY MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DRIVE BUY MEDIA OR THE DRIVE BUY MEDIA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DRIVE BUY MEDIA. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON DRIVE BUY MEDIA. (E) IN ADDITION TO THE FOREGOING, NEITHER DRIVE BUY MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN DRIVE BUY MEDIA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. 7. Monitoring. Drive Buy Media shall have the right, but not the obligation, to monitor the content of Drive Buy Media, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Drive Buy Media and to satisfy any law, regulation or authorized government request. Drive Buy Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Drive Buy Media. Without limiting the foregoing, Drive Buy Media shall have the right to remove any material that Drive Buy Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 8. Indemnification. Client agrees to defend, indemnify and hold harmless Drive Buy Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Drive Buy Media by Client or Client's Account. 9. Termination. Either Drive Buy Media or Client may terminate this Agreement at any time. Without limiting the foregoing, Drive Buy Media shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Drive Buy Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. 10. Trademarks. Drive Buy Media and each of their logos are trademarks of Drive Buy Media, Inc. All rights are reserved. All other trademarks appearing on Drive Buy Media are the property of their respective owners. 11. Third Party Content. Drive Buy Media is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Drive Buy Media has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Drive Buy Media, are those of the respective author(s) or distributor(s) and not of Drive Buy Media. Neither Drive Buy Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through Drive Buy Media represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Drive Buy Media. Drive Buy Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Drive Buy Media by anyone other than authorized Drive Buy Media employee spokespersons while acting in their official capacities. Under no circumstances will Drive Buy Media be liable for any loss or damage caused by a Client's reliance on information obtained through Drive Buy Media. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Drive Buy Media. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. 12. Miscellaneous. This Agreement and any operating rules for Drive Buy Media constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Drive Buy Media, or in any way relating to your use of Drive Buy Media, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Drive Buy Media or its subsidiaries, employees, contractors, officers, directors, and content providers. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 13. Copyrights and Copyright Agent. Drive Buy Media respects the rights of all copyright holders and in this regard, Drive Buy Media has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Drive Buy Media's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For any questions or requests, please contact Drive Buy Media. Drive Buy Media 14. Children's Privacy. Drive Buy Media is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18. 15. Advertisements and Links. Drive Buy Media does not endorse the content on any third-party websites. Drive Buy Media is not responsible for the content of linked third-party sites, sites framed within Drive Buy Media, or third-party advertisements, and does not make any representations regarding their content or accuracy. Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Drive Buy Media does not endorse any product advertised on Drive Buy Media. |
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