Drunkdriverhunters.com is an information and communication service that allows Members
to create personal profiles online in order to communicate and learn about drunk driving
and its offenders. The services offered by Drunkdriverhunters.com
("Drunkdriverhunters.com" or "we" or "ddh") include the Drunkdriverhunters.com website
(the "Drunkdriverhunters.com forums and videos"), as well as
myspace.com/drunkdriverhunters.com. The Drunkdriverhunters.com Services are hosted in
the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your
use of the ddh Services. By using the ddh Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply browse the ddh
Website) or you are a "Member" (which means that you have registered with
Drunkdriverhunters.com). The term "User" refers to a Visitor or a Member. You are only
authorized to use the ddh Services (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to this Agreement. Please
read this Agreement carefully and save it. If you do not agree with it, you should leave
the ddh Website and discontinue use of the ddh Services immediately. If you wish to
become a Member, communicate with other Members and make use of the ddh Services, you
must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes DrunkDriverHunters.com's policy for acceptable use of the ddh
Services and Content posted on the ddh Website, your rights, obligations and
restrictions regarding your use of the ddh Services and Drunkdriverhunters.com's Privacy
Policy. In order to participate in certain ddh Services, you may be notified that you
are required to download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and conditions applicable
to the ddh Services in which you choose to participate, those additional terms are
hereby incorporated into this Agreement. You may receive a copy of this if it applies at
the time by emailing us at: admin@drunkdriverhunters.com, Subject: Terms of Use
Agreement.
Drunkdriverhunters.com may modify this Agreement from time to time and such modification
shall be effective upon posting by drunkdriverhunters.com on the ddh Website. You agree
to be bound to any changes to this Agreement when you use the ddh Services after any
such modification is posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Drunkdriverhunters.com and that you
provide to other Users. Your Drunkdriverhunters.com profile may not include the
following items: telephone numbers, street addresses, last names, and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. Despite this prohibition, information
provided by other Drunkdriverhunters.com Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and Drunkdriverhunters.com assumes no responsibility or liability for this
material. If you become aware of misuse of the ddh Services by any person, please
contact ddh.
Drunkdriverhunters.com reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict, suspend,
or terminate your access to all or any part of the ddh Services at any time, for any or
no reason, with or without prior notice, and without liability. ddh expressly reserves
the right to remove your profile and/or restrict, suspend, or terminate your access to
any part of ddh Services if ddh determines, in its sole discretion, that you pose a
threat to ddh and/or its Users.
1. Eligibility. Use of and Membership in the ddh Services is void where prohibited.
By using the ddh Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the accuracy of
such information; (c) you are 16 years of age or older; and (d) your use of the ddh
Services does not violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe that you are under
16 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the ddh
Services or are a Member. You may terminate your Membership at any time, for any reason,
by following the instructions on the Member's Account Settings page.
Drunkdriverhunters.com may terminate your Membership at any time, without warning. Even
after Membership is terminated, this Agreement will remain in effect, including sections
5-17.
3. Fees. You acknowledge that Drunkdriverhunters.com reserves the right to charge for
the ddh Services and to change its fees from time to time in its discretion. If
Drunkdriverhunters.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of subscription
fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another Member at
any time or to disclose your password to any third party. You agree to notify
Drunkdriverhunters.com immediately if you suspect any unauthorized use of your account
or access to your password. You are solely responsible for any and all use of your
account.
5. Non-commercial Use by Members. The ddh Services are for the personal use of
Members only and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by Drunkdriverhunters.com. Illegal
and/or unauthorized use of the ddh Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the ddh Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed from
Member profiles without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use of the ddh
Services.
6. Proprietary Rights in Content on Drunkdriverhunters.com.
1. Drunkdriverhunters.com does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you post to the ddh Services. After posting
your Content to the ddh Services, you continue to retain all ownership rights in such
Content, and you continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or through the ddh Services, you
hereby grant to Drunkdriverhunters.com a limited license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content solely on and through
the ddh Services.Without this license, Drunkdriverhunters.com would be unable to provide the
ddh Services. The license you grant to Drunkdriverhunters.com is non-exclusive (meaning
you are free to license your Content to anyone else in addition to
Drunkdriverhunters.com), fully-paid and royalty-free (meaning that
Drunkdriverhunters.com is not required to pay you for the use on the ddh Services of the
Content that you post), sublicensable (so that Drunkdriverhunters.com is able to use its
affiliates and subcontractors such as Internet content delivery networks to provide the
ddh Services), and worldwide (because the Internet and the ddh Services are global in
reach). This license will terminate at the time you remove your Content from the ddh
Services. The license does not grant Drunkdriverhunters.com the right to sell your
Content, nor does the license grant Drunkdriverhunters.com the right to distribute your
Content outside of the ddh Services.
2. You represent and warrant that: (i) you own the Content posted by you on or
through the ddh Services or otherwise have the right to grant the license set forth in
this section, and (ii) the posting of your Content on or through the ddh Services does
not violate the privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted by you to or through the ddh
Services.
3. The ddh Services contain Content of Drunkdriverhunters.com
("Drunkdriverhunters.com Content"). Drunkdriverhunters.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and Drunkdriverhunters.com
owns and retains all rights in the Drunkdriverhunters.com Content and the ddh Services.
Drunkdriverhunters.com hereby grants you a limited, revocable, nonsublicensable license
to reproduce and display the Drunkdriverhunters.com Content (excluding any software
code) solely for your personal use in connection with viewing the ddh Website and using
the ddh Services.
4. The ddh Services contain Content of Users and other Drunkdriverhunters.com
licensors. Except for Content posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the ddh Services.
7. Content Posted.
1. Drunkdriverhunters.com may delete any Content that in the sole judgment of
Drunkdriverhunters.com violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person. Drunkdriverhunters.com
assumes no responsibility for monitoring the ddh Services for inappropriate Content or
conduct. If at any time Drunkdriverhunters.com chooses, in its sole discretion, to
monitor the ddh Services, Drunkdriverhunters.com nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any
of the ddh Services, and any material or information that you transmit to other Members
and for your interactions with other Users. Drunkdriverhunters.com does not endorse and
has no control over the Content. Content is not necessarily reviewed by
Drunkdriverhunters.com prior to posting and does not necessarily reflect the opinions or
policies of Drunkdriverhunters.com. Drunkdriverhunters.com makes no warranties, express
or implied, as to the Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the ddh Services.
Drunkdriverhunters.com reserves the right to investigate and take appropriate legal
action against anyone who, in Drunkdriverhunters.com's sole discretion, violates this
provision, including without limitation, removing the offending communication from the
ddh Services and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the sole discretion of
Drunkdriverhunters.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to
an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email
addresses;
7. promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited to making
or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
12. solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that
person's consent
The following is a partial list of the kind of activity that is illegal or
prohibited on the ddh Website and through your use of the ddh Services.
Drunkdriverhunters.com reserves the right to investigate and take appropriate legal
action against anyone who, in Drunkdriverhunters.com's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products
or services through the ddh Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any information
obtained from the ddh Services in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our Members from
such advertising or solicitation, Drunkdriverhunters.com reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour period to a
number which Drunkdriverhunters.com deems appropriate in its sole discretion. If you
breach this Agreement and send unsolicited bulk email, instant messages or other
unsolicited communications of any kind through the ddh Services, you acknowledge that
you will have caused substantial harm to Drunkdriverhunters.com, but that the amount of
such harm would be extremely difficult to ascertain. As a reasonable estimation of such
harm, you agree to pay Drunkdriverhunters.com $50 for each such unsolicited email or
other unsolicited communication you send through the ddh Services;
3. covering or obscuring the banner advertisements on your personal profile
page, or any Drunkdriverhunters.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or
send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the ddh
Services or the networks or services connected to the ddh Services;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to access your
account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the ddh Services in order to harass,
abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing any commercial
activity on or through the ddh Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a commercial
purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends,
or sending private messages with a commercial purpose; or
11. using the ddh Services in a manner inconsistent with any and all applicable
laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Drunkdriverhunters.com to terminate Membership privileges of
any Member who repeatedly infringes the copyright rights of others upon receipt of
proper notification to Drunkdriverhunters.com by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the ddh Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you claim is infringing
is located on the ddh Services; (iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; (vi) a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Drunkdriverhunters.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent,
Drunkdriverhunters.com admin@Drunkdriverhunters.com
10. Member Disputes. You are solely responsible for your interactions with other
Drunkdriverhunters.com Members. Drunkdriverhunters.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the ddh Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
12. Disclaimers. Drunkdriverhunters.com is not responsible for any incorrect or
inaccurate Content posted on the ddh Website or in connection with the ddh Services,
whether caused by Users of the ddh Services or by any of the equipment or programming
associated with or utilized in the ddh Services. Profiles created and posted by Members
on the ddh Website may contain links to other websites. Drunkdriverhunters.com is not
responsible for the Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for accuracy or completeness
by Drunkdriverhunters.com. Inclusion of any linked website on the ddh Services does not
imply approval or endorsement of the linked website by Drunkdriverhunters.com. When you
access these third-party sites, you do so at your own risk. Drunkdriverhunters.com takes
no responsibility for third party advertisements which are posted on this ddh Website or
through the ddh Services, nor does it take any responsibility for the goods or services
provided by its advertisers. Drunkdriverhunters.com is not responsible for the conduct,
whether online or offline, of any User of the ddh Services. Drunkdriverhunters.com
assumes no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member communication.
Drunkdriverhunters.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the ddh Services or combination thereof,
including any injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with the ddh
Services. Under no circumstances shall Drunkdriverhunters.com be responsible for any
loss or damage, including personal injury or death, resulting from use of the ddh
Services, attendance at a Drunkdriverhunters.com event, from any Content posted on or
through the ddh Services, or from the conduct of any Users of the ddh Services, whether
online or offline. The ddh Services are provided "AS-IS" and as available and
Drunkdriverhunters.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Drunkdriverhunters.com cannot guarantee and does not
promise any specific results from use of the ddh Services.
13. Drunkdriverhunters.com does not accept any liability for your personal actions with
your involvement with the drunkdriverhuntes.com community. We expect all users to take
appropriate cautions when looking for drunk drivers, taking video, or making reports to
law enforcement. In no way should a user engage in a pursuit or act as a peace officer.
All users simply observe, report, and record if they wish do to so. If an event occurs,
tragic accident, act of god, or assault, drunkdriverhunters does not take liability for
the attack since all users act on their own and not at the instruction of ddh. Any
material posted or created is at the users own choice and drunkdriverhunters.com will
not be liable for any mistakes or false information a user may provide. ddh does not
require a user to participate in any activities that ddh offer advice on.
14. Limitation on Liability. IN NO EVENT SHALL Drunkdriverhunters.COM BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF DrunkDriverHunters.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, Drunkdriverhunters.COM'S LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DrunkDriverHunters.COM FOR THE ddh SERVICES
DURING THE TERM OF MEMBERSHIP.
15. Indemnity. You agree to indemnify and hold Drunkdriverhunters.com, its
subsidiaries, and affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of the
ddh Services in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth above
and/or if any Content that you post on the ddh Website or through the ddh Services
causes Drunkdriverhunters.com to be liable to another.
16. Other. This Agreement is accepted upon your use of the ddh Website or any of the
ddh Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and Drunkdriverhunters.com regarding the
use of the ddh Services. The failure of Drunkdriverhunters.com to exercise or enforce
any right or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and have no
legal or contractual effect. Drunkdriverhunters.com is a trademark of ddh This
Agreement operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and does not affect the validity and enforceability of any remaining
provisions.
Please contact us at: Contact ddh with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.