Last updated: May 1^st, 2007

 

Welcome to Dripp.net (“Dripp”), owned, produced and operated by Dripp Online Media, Inc. (“Dripp Online Media”) and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “Dripp Companies”). Dripp.net is a automotive-oriented content and information website that provides a service to automotive enthusiasts, including drivers and car owners, and to automotive-related companies to post information regarding themselves as well as content (news, articles and product information) owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).

 

In addition, there are a variety of special products and services offered through Dripp that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on Dripp that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Dripp Online Media and/or the Dripp Companies also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Dripp. In addition, Dripp Online Media and/or the Dripp Companies also may offer other services from time to time that are governed by the terms of service of the respective service partners. Dripp Online Media reserves the right to amend these Terms and Conditions at any time.

 

By using Dripp you agree to be bound by these Terms and Conditions, whether or not you register as a user. Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

1. Acceptance

By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Dripp or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. Conditions & Restriction of Use

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Dripp Online Media may terminate your access to the Dripp or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Dripp Online Media . Any such termination shall be in Dripp Online Media’s sole discretion and may occur without prior notice, or any notice. Dripp Online Media further reserves the right to terminate any user’s access to Dripp or to any of the Products and Services for any conduct that Dripp Online Media, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Dripp Online Media  or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Dripp Online Media further reserves the right to terminate any user’s access to Dripp or to any of the Products and Services for any reason or for no reason at all, in Dripp Online Media’s sole discretion, without prior notice, or any notice.

 

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://Dripp.net. Where there is mature or adult content on Dripp, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of Dripp not open to persons under 18 years of age. With respect to general audience content, if Dripp Online Media  learns that anyone under the age of 13 has accessed the Products and Services, Dripp Online Media  will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of Dripp, however, may not be available to children under 13 under any circumstances.

Dripp Online Media does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. Registration & Privacy

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Dripp Online Media registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dripp Online Media has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Dripp Online Media has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

 

All Dripp Online Media registrations become the exclusive property of Dripp Online Media and the Dripp Companies. Dripp Online Media reserves the right to use and reuse all registration and other personally identifiable user information subject to Dripp Online Media’s Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Dripp Online Media’s Privacy Policy and on Dripp.

 

You acknowledge receipt of Dripp Online Media’s Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Dripp.

4. Responsibility for Minors

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF Dripp MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

5. User Conduct

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Dripp Online Media, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Dripp Online Media does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Dripp at your sole risk. Under no circumstances will Dripp Online Media be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Dripp Online Media does not pre-screen user or third party Content posted on Dripp, although Dripp Online Media reserves the right to do so. Dripp Online Media does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Dripp Online Media reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Dripp Online Media.

 

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

 

Prohibited Conduct

• Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
• Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
• Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
• Harm minors in any other way.
• Make any sexual request on behalf of a minor or make any sexual request of a minor.
• “Stalk” or otherwise harass another.
• Collect or store personally identifying information about other users for commercial or unlawful purposes.
• Impersonate any person or entity, including, but not limited to, an Dripp Online Media or Dripp Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
• Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
• Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

o    Making available copyrighted software or other Content that has had the copyright protection removed.

o    Making available serial numbers for software that can be used to illegally validate or register software.

o    Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.

o    Making available any software files for which the user does not own the copyright or have the legal right to make available.

• Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
• Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Dripp.
• Use automated means, including additional computers, software and scripts, to manipulate content promotion in Dripp Online Media, increase the number of votes of Contents of any particular users on Dripp or increase traffic to the Dripp user site of any particular user.
• Use automated means, including spiders, robots, crawlers, or the like to download data from any Dripp Online Media Network database.
• Conduct your own contests and promotions.
• Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
• Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Dripp Online Media database, including, without limitation, by incorporating data from any Dripp Online Media database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
• Sell, distribute, or make any commercial use of data obtained from any Dripp Online Media database or make any other use of data from any Dripp Online Media database in a manner which could be expected to offend the person for whom the data is relevant.
• Create and maintain a Dripp user/vendor site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Dripp vendors/user site, post pictures to the Dripp user/artist site, and have other web pages call the Dripp user/artist site to retrieve those pictures.
• Create and maintain a Dripp user profile that contains hyperlinks to content not permitted on Dripp.
• Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
• Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
• Disobey any Dripp Online Media or Dripp Company employee or representative or interfere with any action by any Dripp Online Media or Dripp Company employee or representative to redress any violation of these Terms and Conditions.
• Access the Products and Services after your account or access has been terminated by Dripp Online Media.
• Fail to complete any transaction after submitting an order to purchase any goods or services from individual seller or store sites, subject to the individual seller or store site’s terms and conditions governing such transactions.
• Submit any order to purchase goods or services from individual user sites where you do not intend to complete the transaction.
• Purchase any goods or services that you are Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
• Purchase any goods or services that you are Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Dripp Online Media or the party from whom such software may be licensed.
• Purchase any goods or services that you are Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
• Purchase any goods or services that you are Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Dripp community or the spirit of these Terms and Conditions.
• Purchase any goods or services that you are Advertise, offer for sale, or sell any of the following items:

o    Any firearms, explosives, or weapons.

o    Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.

o    Any alcoholic beverages.

o    Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.

o    Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.

o    Any controlled substances or pharmaceuticals.

o    Any counterfeit or stolen items.

o    Any dangerous items.

o    Any goods or services that do not, in fact, exist.

o    Any registered or unregistered securities.

o    Any items that violate or infringe the rights of other parties.

o    Any items that you do not have the legal right to sell.

o    Any items where paying Dripp Online Media any of the required transactional or listing fees would cause Dripp Online Media or the Dripp Companies to violate any law.

 

You acknowledge and agree that Dripp Online Media and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Dripp Online Media and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Dripp Online Media, in its sole discretion. Dripp Online Media may also terminate access to, or membership in, Dripp, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Dripp, including without limitation, information posted on message boards.

 

You expressly acknowledge and agree that Dripp Online Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Dripp Online Media, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Dripp Online Media with regard to its users may be disclosed in accordance with Dripp Online Media’s Privacy Policy.

 

Dripp Online Media also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

6. Limited License on User-Submitted Content

Dripp Online Media claims no ownership interest in any of the Content (including, without limitation, articles, artwork and photographs) posted by you on Dripp, and the copyright to all such Content shall remain with its original owner.

 

By posting Content on Dripp, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Dripp.

 

In order to make it possible for Dripp Online Media to provide the Products and Services, you hereby grant Dripp Online Media a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or modify audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through Dripp, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other Dripp Online Media website through links to Dripp, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from Dripp.

7. Third Party Merchandise Sales

Dripp may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

 

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that Dripp, Dripp Online Media and the Dripp Companies are not parties to the transaction.

 

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

 

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

 

Dripp Online Media has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Dripp. Dripp Online Media cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can Dripp Online Media confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on Dripp will act in accordance with those statements. Dripp Online Media will not get involved in any dispute between Users of the Service and Merchants who post links on Dripp. The ability to include links is provided only as a convenience, and the inclusion of any link by an Merchants or User does not imply affiliation, endorsement, or adoption by Dripp Online Media of the linked site or any information contained therein.

8. Profiles

Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) Dripp Online Media may limit the amount of bandwidth dedicated to any account; and (b) Dripp Online Media reserves the right to display advertising on Profile pages. Please consult the Dripp Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Dripp Online Media reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

 

By registering on Dripp, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Dripp will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

 

Please choose carefully the information you post on your Profile and that you provide to other members. User Profile pages may not include the following items: telephone numbers, street addresses, email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, User Conduct, for additional terms and conditions regarding your use of Dripp. Merchant profile pages may include telephone numbers, street addresses and email addresses, as optional only and should be located on assigned spaces.

 

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Dripp Online Media assumes no responsibility or liability.

 

Dripp Online Media reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Dripp Online Media Network, including Dripp, at any time, for any or no reason, with or without prior notice, and without liability.

9. Storage

Many features of Dripp store information on behalf of Users. Examples include, but are not limited to Profiles and postings. Dripp Online Media reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the User’s account has been inactive.

 

Storage of any Content is provided as a free service for Users and Merchants, and it is not meant to be a primary storage medium. Dripp Online Media is not responsible of any loss, damage or misplaced of any data or information submitted through Dripp.

10. Advertisers and Content Linked to The Dripp Network

Dripp Online Media and the Dripp Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Dripp to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Dripp Online Media and the Dripp Companies have no control over such sites and resources. You acknowledge and agree that Dripp Online Media and the Dripp Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dripp Online Media and the Dripp Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Dripp Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Dripp Online Media and the Dripp Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

11. No License, Intellectual Property of Dripp and Others

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Dripp Online Media's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Dripp and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Dripp Online Media and its affiliates, licensors (including, without limitation, Merchants), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Dripp Online Media in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Dripp Online Media, any of Dripp Online Media’s affiliates, or any of Dripp Online Media’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Dripp for any purpose other than the purpose for which such Content is made available to users by Dripp Online Media. You agree not to defame or disparage Dripp Online Media and the Dripp Companies, the trademarks or service marks of Dripp Online Media, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Dripp.

12. Linking to Dripp and Use of Logo

Dripp offers a non-assignable, non-transferable, and non-exclusive license to link to Dripp web sites, using Dripp logos, subject to the following provisions. Dripp logos may be placed on a Web site for the sole purpose of creating a link to Dripp and allowing users of your site to access the Products and Services on Dripp. Dripp logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Dripp. Dripp logos may only be used in accordance with the Dripp Online Media Trademark Usage Guidelines and the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. Dripp logos may not be altered in any manner. Dripp logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Dripp logos may not be used to disparage Dripp, its products or services, or in a manner which, in Dripp Online Media’s reasonable judgment, may diminish or otherwise damage Dripp Online Media’s good will in Dripp logos. By using any such Dripp Online Media Network logo, you acknowledge that Dripp has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Dripp. If you use Dripp logos, you must include appropriate attribution, for example: “Dripp® is a registered trademark of Dripp Online Media, Inc.” Dripp Online Media reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Dripp Online Media reserves the right to take action against any use that does not conform to these provisions.

13. Indemnity and Release

By using the Dripp web site you agree to indemnify Dripp Online Media, Inc., the Dripp Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Dripp web site, your use of the Products and Services, or your submission of ideas and/or related materials to Dripp Online Media or from any person's use of any account or password you maintain with Dripp, regardless of whether such use is authorized by you. By using Dripp, using the Products and Services, or submitting any ideas and/or related materials to Dripp Online Media, you are hereby agreeing to release Dripp Online Media and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Dripp Online Media.

 

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

 

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. Limitations of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Dripp or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

15. Copyright, Trademark and Patent Notices

All other marks that appear throughout the Products and Services belong to Dripp Online Media, the Merchants, Brands or Manufacturers featured on Dripp, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Dripp Online Media or the owner of the mark, as appropriate, is strictly prohibited. Dripp Online Media and the Dripp Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Dripp to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology.

 

Dripp Online Media and the Dripp Companies have no control over such sites and resources. You acknowledge and agree that Dripp Online Media and the Dripp Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dripp Online Media and the Dripp Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Dripp Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Dripp Online Media and the Dripp Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

16. Intellectual Property in Infringement Claims

It is the policy of Dripp Online Media to respond expeditiously to claims of intellectual property infringement. Dripp Online Media will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Dripp will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Dripp will terminate access for Users or Merchants who are repeat infringers. Notices of claimed infringement should be directed to:

 

Dripp Online Media

Copyright Department

E-mail: abuse[at]dripp[dot]net

 

Please put "Notice of Infringement" in the subject line of all such notifications. When Dripp Online Media removes or disables access to any material claimed to be infringing, Dripp Online Media may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Dripp Online Media makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Dripp Online Media will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Dripp Online Media replaces or restores access to any material as a result of any counter notification.

17. Changes in Terms and Conditions and Changes in Products and Services

Dripp reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Dripp reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

18. Relationship of Parties

You acknowledge and agree that you and Dripp Online Media are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

19. Termination & Survival

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Dripp Online Media. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

20. Communications with Users

You consent to receive communications from Dripp Online Media concerning your use of the Products and Services ("Communications"). The Communications may be those that Dripp Online Media is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Dripp Online Media sends to you for other reasons. You consent to receive Communications electronically. Dripp Online Media may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Dripp. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Dripp Online Media sends Communications by visiting your account information page.\

 

You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Technical Support that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Dripp Online Media reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.

 

In order to receive Required Communications, you must provide Dripp Online Media, upon registration with Dripp, a valid email address to which Dripp Online Media may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Dripp Online Media will provide notice of any changes to these requirements.

21. Submission of Ideas

Dripp is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Dripp, we would like to hear them -- but any submission will be subject to these Terms and Conditions.

 

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DRIPP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO DRIPP ONLINE MEDIA, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO DRIPP ONLINE MEDIA THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT DRIPP IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DRIPP ONLINE MEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

22. Violation of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of Dripp Online Media and the Dripp Companies, Dripp Online Media and the Dripp Companies reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Dripp Online Media web sites.

 

If you are aware of any violations of these Terms and Conditions, please report them to:

 

Dripp Abuse Manager

abuse@dripp.net

 

Please read the entire Terms and Conditions, as all Dripp Online Media properties, Products and Services are offered subject to these Terms and Conditions.

 

We hope your enjoyment of Dripp Online Media’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Dripp Online Media community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.