Terms and Conditions

DriveSpi

Please read these Terms and Conditions of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by DriveSpi or its affiliates (individually and collectively, the “site”). Please regularly check the ” Terms and Conditions of Use ” link on the home page of DriveSpi.com to view the current Terms and Conditions of Use.

Acceptance of Terms

You agree to and are bound by the terms and conditions of use set forth below and in any modified or additional terms that DriveSpi, known as (“DriveSpi”) may publish from time to time (collectively, the ” Terms and Conditions of Use “). If you do not agree to all the terms and conditions of use contained in the Terms and Conditions of Use, do not access or use this site.

DriveSpi may change these Terms and Conditions of Use from time to time. Your continued access or use of the site constitutes your acceptance of such changes. Your access and use of the site will be subject to the current version of the Terms and Conditions of Use, rules and guidelines posted on the site at the time of such use. Please regularly check the ” Terms and Conditions of Use ” link on the home page of DriveSpi.com to view the current Terms and Conditions of Use. If you breach any of the Terms and Conditions of Use, your license to access or use this site will automatically terminate with or without notice.

Intellectual Property; Limited License to Users

All content on this site, including but not limited to Images, Video Footage, Music, and related metadata (collectively the “DriveSpi Content”), as well as the selection and arrangement of the DriveSpi Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any DriveSpi Content violates such laws and this Terms and Conditions of Use. Except as expressly provided herein or in a separate license agreement between you and DriveSpi, DriveSpi does not grant any express or implied permission to use the site or any DriveSpi Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the site or any DriveSpi Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the site or DriveSpi Content.

Subject to your compliance with these Terms and Conditions of Use, any applicable license agreement with DriveSpi, and the law, you may access and use the site. DriveSpi remains the sole owner of all right, title, and interest in the site and reserves all rights not expressly granted under these Terms and Conditions of Use. DriveSpi may modify, replace, or discontinue the site or any part thereof at any time, for any reason, with or without notice, in DriveSpi’s sole discretion. DriveSpi provides the site on an “as is” and “as available” basis.

Unless you enter into a license agreement with DriveSpi you may not download, distribute, display and/or copy any DriveSpi Content. You may not remove any watermarks or copyright notices contained in the DriveSpi Content.

DriveSpi Trademarks

For the purposes of these Terms and Conditions of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by DriveSpi

Nothing contained herein grants or shall be construed to grant you any rights to use any DriveSpi Trademark, unless expressly conferred by these Terms and Conditions of Use.

You agree that you will not use DriveSpi’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or DriveSpi

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of DriveSpi Trademarks or the Trademark rights claimed by DriveSpi

You agree that you will not use any DriveSpi Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without DriveSpi’s prior written consent any word or mark which is similar too or likely to be confused with DriveSpi’s Trademarks.

The look and feel of the DriveSpi website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of DriveSpi and may not be copied, imitated or used, in whole or in part, without the prior written consent of DriveSpi

All other trademarks, product names, and company names or logos used or appearing on the DriveSpi website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DriveSpi, unless expressly so stated.

You may not use a DriveSpi trademark, logo, Image or other proprietary graphic of DriveSpi to link to the DriveSpi.com website without the prior written consent of DriveSpi and its Managing Member.

You may not frame or hotlink to the DriveSpi website or any Image without the prior written consent of DriveSpi

Information You Provide

DriveSpi (or third parties acting on its behalf) may collect information related to your use of the site. Third-party platforms through which you access the site may collect information related to your use of such third-party platform and make such information available to DriveSpi subject to your agreement with the applicable third-party platform. DriveSpi’s collection and use of all such information shall at all times conform to this Terms and Conditions of Use, the DriveSpi Privacy Policy, and applicable law.

DriveSpi will use and protect your personal information, such as your name and address, in accordance with the DriveSpi Privacy Statement, the contents of which are incorporated into these Terms and Conditions of Use.

Your Content

For any image, video footage, text, audio, or any other content that you upload or post to the site (“your content”), you represent and warrant that: (i) you have all necessary rights to submit your content to the site and grant the licenses set forth herein; (ii) DriveSpi will not need to obtain licenses from any third party or pay royalties to any third party with respect to your content; (iii) your content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) your content complies with these Terms and Conditions of Use and all applicable laws.

By uploading your Content, you grant DriveSpi a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, copyright, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content for the purpose of allowing you to display your content for potential future compensation using the site and archiving or preserving your content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you request in writing DriveSpi via certified mail to remove your content in part or in whole from the site, in which case all purchased licenses will terminate within a commercially reasonable period-of-time. Notwithstanding the foregoing and previously licensed content holding harmless DriveSpi and its clients, the license for legal archival/preservation purposes will continue indefinitely.

You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  1. Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy.
  2. Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  3. Exploits minors.
  4. Depicts unlawful or violent acts.
  5. Depicts animal cruelty or violence towards animals.
  6. Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition or violates any law, statute, or regulation.

You may not use any DriveSpi content for any purpose without first obtaining a license to use such DriveSpi content. Any use of DriveSpi content by you shall be governed by the applicable license agreement separately entered between you and DriveSpi Displaying and/or distributing to the public any watermarked or unlicensed DriveSpi Content (whether incorporated into a derivative work or stand-alone work) constitutes copyright infringement.

Infringement Claims

If you believe that any Image or other material made available by DriveSpi infringes upon any copyright that you own or control, you may notify DriveSpi in the manner set forth in our Terms and Conditions of Use.

Limitations

You agree that you shall not:

  1. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of DriveSpi or any third party.
  2. Violate any applicable laws or regulations related to the access to or use of the site or engage in any activity prohibited by these Terms and Conditions of Use.
  3. Violate the rights of DriveSpi or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  4. Engage in theft, copyright infringements or repurpose existing video content without written notarized approval from its author(s).

Restriction and Termination of Use

DriveSpi may block, restrict, disable, suspend or terminate your access to all or part of the site and/or DriveSpi Content at any time in DriveSpi’s discretion, without prior notice or liability to you. Any conduct by you that, in DriveSpi’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the site is strictly prohibited and may result in the termination of your access to the site without further notice.

Links to Third Party Sites

In the event that the site is available through any third-party platform, or if DriveSpi provides links from the site to any third-party platform or permits any third party to link from its platform to the site, you understand and agree that DriveSpi makes no warranty of any kind, expressed or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of DriveSpi provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by DriveSpi

Warranties and Disclaimers

Your use of the site is at your own risk. The site is provided by DriveSpi under these Terms and Conditions of Use “as is” without warranty of any kind, either express, implied, statutory or otherwise. DriveSpi expressly disclaims any and all warranties of any kind, whether expressed or implied, to each and any service available from the site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, DriveSpi makes no warranty that: (i) the site will meet your requirements; (ii) access to the site will be uninterrupted; (iii) the quality of the site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. DriveSpi makes no representations or warranties that the site will be permitted in your jurisdiction, that any of your content submitted by you will be available through the site or will be stored by the site, that the site will meet your needs, or that DriveSpi will continue to support any particular feature of the site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the site, and no warranties shall apply after such period.

Indemnification

You agree to defend, indemnify and hold harmless DriveSpi, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, contributors and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use site, your breach or alleged breach of the DriveSpi.com website Terms and Conditions of Use or of any representation or warranty contained herein, your unauthorized use of the DriveSpi Content, or your violation of any rights of another.

Digital Millennium Copyright Act of 1998 “DMCA”

The information below must be submitted as a written notification to the Legal counsel of DriveSpi legal@drivespi.com

These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of the State of Florida.

Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of Florida and county of Hillsborough. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. DriveSpi shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of DriveSpi, such action is necessary or desirable.

In the event of any conflict between these Terms and Conditions of Use and any license agreement you enter with DriveSpi, the Terms and Conditions of Use of such license agreement shall control.

These Terms and Conditions of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms and Conditions of Use shall not affect the validity or enforceability of the balance hereof.

A physical or electronic signature of a person authorized to act on behalf of the owner(s) of an exclusive right that is allegedly infringed.

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.

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 DriveSpi Team to locate the material and disable it.

Information reasonably sufficient to permit the DriveSpi to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has 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.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a certified written notification to the authorized DriveSpi Managing Member at the following address:

DriveSpi
c/o its Managing Member
401 East Jackson Street (Sun Trust Financial Center)
Suite 2340
Tampa, FL 33602