Drivelocker LLC (“Drivelocker”, “we”, “us” or “our”) is an Internet based service (“Drivelocker Service”) that provides registered subscribers with access to data storage resources, a Drivelocker System and other functionality, such as backup, restore, and streaming functionality, through the Internet at www.drivelocker.com (“Drivelocker Website”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE DRIVELOCKER WEBSITE AND DRIVELOCKER SERVICE, AS APPLICABLE, PROVIDED TO YOU BY DRIVELOCKER.
BY BEING A VISITOR TO THE PORTION OF THE DRIVELOCKER WEBSITE THAT IS OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE (“VISITOR” or “you”), YOU AGREE TO BE BOUND BY THE “WEBSITE TERMS”, WHICH INCLUDE TERMS APPLICABLE TO ALL VISITORS OF THE DRIVELOCKER WEBSITE, INCLUDING THE “PRIVACY POLICY”, AND ANY OTHER TERMS AND CONDITIONS POSTED ON THE DRIVELOCKER WEBSITE.
IF YOU CHOOSE TO REGISTER AS A SUBSCRIBER (“SUBSCRIBER” or “you”) OF THE DRIVELOCKER SERVICE, YOU WILL BE ASKED TO CHECK A BOX TO INDICATE THAT YOU HAVE ALSO READ AND AGREE TO BE BOUND BY THE “SERVICE TERMS” IN ADDITION TO THE WEBSITE TERMS AND ANY OPERATING RULES, PRICE SCHEDULES OR OTHER TERMS AND CONDITIONS POSTED ON THE DRIVELOCKER WEBSITE (TOGETHER, THE “WEBSITE TERMS”, “SERVICE TERMS”, DRIVELOCKER POLICIES (INCLUDING THE “PRIVACY POLICY” AND “ACCEPTABLE USE POLICY”) AND ANY OTHER OPERATING RULES, PRICE SCHEDULES OR TERMS AND CONDITIONS POSTED ON THE DRIVELOCKER WEBSITE SHALL BE REFERRED TO AS THE “DRIVELOCKER AGREEMENT”).
PLEASE NOTE THAT, ONCE YOU HAVE BECOME A SUBSCRIBER WITH THE DRIVELOCKER SERVICE, YOU WILL HAVE THE ABILITY TO DOWNLOAD CERTAIN SOFTWARE. SUCH SOFTWARE MAY BE DOWNLOADED PURSUANT TO A SEPARATE END USER LICENSE AGREEMENT (“EULA”) REGARDING USE OF THE SOFTWARE, WHICH YOU WILL BE ASKED TO REVIEW AND AGREE TO PRIOR TO YOUR ABILITY TO INSTALL THE SOFTWARE.
OF COURSE, IF YOU WISH TO BECOME A “SUBSCRIBER”, PLEASE READ THIS DRIVELOCKER AGREEMENT AND INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS DRIVELOCKER AGREEMENT BY CLICKING “I AGREE” BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.
This Drivelocker Agreement sets out the legally binding terms for use of the Drivelocker Website and, if you are a Subscriber, Membership in the Drivelocker Service, and constitutes the entire agreement between Drivelocker and you regarding the same. Notwithstanding the foregoing, your use of any software for download provided by Drivelocker related to the Drivelocker Service shall be pursuant to the separate EULA referenced above governing your use of such software.
Drivelocker may modify this Drivelocker Agreement (or any part thereof) from time to time.
If you are a Visitor to the Drivelocker Website, under the terms of this Drivelocker Agreement, you agree to be bound to any modifications to this Drivelocker Agreement that are applicable to you when you use the Drivelocker Website after such modification is posted on the Drivelocker Website.
If you are a Subscriber, under the terms of this Drivelocker Agreement, you agree to be bound to any modifications to this Drivelocker Agreement when you use the Drivelocker Service after such modification is posted on the Drivelocker Website; however, for any “material” change, such “material” change shall become effective if: (i) Drivelocker sends to you an e-mail notifying you of such “material” change and the date that such new Drivelocker Agreement will be posted on the Drivelocker Website (“Effective Date”) and you continue to use the Drivelocker Service after the Effective Date; or (ii) Drivelocker asks you to agree to the new Drivelocker Agreement with the change prior to the commencement of a new month of Drivelocker Service and you agree to the same. If you do not agree to the “material” change, you may notify Drivelocker under subsection (i) above or click “I do not agree” to the new Drivelocker Agreement with the change under subsection (ii), as applicable, and Drivelocker will discontinue your membership in the Drivelocker Service.
Drivelocker Website Terms
Operator.
The Drivelocker Website and the Drivelocker Service is operated by Drivelocker LLC. Drivelocker is also referred to in these terms as “we” or “us”.
Purpose of the Drivelocker Service.
Drivelocker is an Internet based service that provides registered subscribers with access to data storage resources, a Drivelocker System and other functionality, such as sharing, backup and streaming functionality, through the Drivelocker Website.
Availability.
Drivelocker uses reasonable efforts to make the Drivelocker Website and Drivelocker Service available 24 hours a day and seven days a week; however, there will be instances when the Drivelocker Website or Drivelocker Service will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond the control of Drivelocker, including failure of telecommunications lines, links and equipment. While Drivelocker will make every reasonable effort in order to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that Drivelocker will not in any way be liable or responsible to you for any such modification, suspension or disruption of the Drivelocker Website or Drivelocker Service.
Conduct.
You agree that you shall not (i) interfere or disrupt (or attempt to interfere or disrupt) the Drivelocker Website or the Drivelocker Service or servers or networks hosting or connected to the Drivelocker Website or Drivelocker Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Drivelocker Website or Drivelocker Service; (ii) provide any information to Drivelocker that is false or misleading, that attempts to hide your identity or that you do not have a right to disclose or otherwise attempt to gain unauthorized access to the Drivelocker Service, other accounts, computer systems, or networks connected through the Drivelocker Service, through password mining or other means; (iii) resell the Drivelocker Website or the Drivelocker Service or any portion of the same; or (iv) link another web site or other web pages to the Drivelocker Website. Trademarks.
The name “Drivelocker” and the “Drivelocker” logo are trademarks of Drivelocker in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use Drivelocker’s name, logos, trademarks or other intellectual property displayed on this Drivelocker Website except as expressly provided herein or by obtaining the written permission of Drivelocker or such other third party owner, as applicable. You acknowledge that Drivelocker will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Proprietary Rights in Content on the Drivelocker Website.
Drivelocker owns and retains all proprietary rights in the Drivelocker Website and the Drivelocker Service. The Drivelocker Website contains copyrighted material, trademarks and other proprietary content and information of Drivelocker and its licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Drivelocker Website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this Drivelocker Website other than any Subscriber Files or Subscriber Content (as defined in the “Subscriber Files and Subscriber Content” section of the “Service Terms”) that is posted or saved within the Drivelocker Service by Subscribers with a Subscriber Account) (“Drivelocker Content”) and is protected by copyright and other intellectual property laws, international treaties and other intellectual property rights. You may view, download, print, and copy the Drivelocker Content on this Drivelocker Website for your own personal, informational, non-commercial use, provided that (i) you do not modify the Drivelocker Content, (ii) any copies that you may make must be marked “Copyright Drivelocker. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the Drivelocker Content on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Drivelocker Website, including any Drivelocker Content, for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this Drivelocker Website or any materials contained on this Drivelocker Website, including any Drivelocker Content, except as expressly provided herein. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in the Drivelocker Agreement, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Drivelocker Content. You acknowledge that Drivelocker will aggressively enforce its intellectual property rights with respect to its Drivelocker Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Non Commercial Use by Visitors and Subscribers.
The Drivelocker Website is solely for the personal use of Visitors in the Visitor only areas and Subscribers in the Subscriber only areas, and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by the management of Drivelocker. Illegal and/or unauthorized use of the Drivelocker Website, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Drivelocker Website is prohibited and will be investigated. Appropriate legal action will be taken by Drivelocker for any illegal or unauthorized use of the Drivelocker Website.
Third-Party Links.
This Drivelocker Website may from time to time provide links that will take you to other third-party websites. Any such links are provided solely as a convenience to Visitors or Subscribers. Drivelocker has no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. Drivelocker does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Drivelocker Website, you do so at your own risk and you agree that Drivelocker shall not be liable for any loss or damage that you may suffer by using any of these other websites.
Third-Party Materials on the Drivelocker Website.
This Drivelocker Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to our Visitors and Subscribers. Drivelocker has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of these third-party materials or any third-party products or services referenced in these materials, you do so at your own risk. In no event shall Drivelocker be liable for any loss, claim, damages, or costs that may arise in connection with your use of these third-party materials.
Inaccurate Material on the Drivelocker Website.
A possibility exists that the Drivelocker Website or any Drivelocker Content could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Drivelocker Website or any Drivelocker Content by unauthorized third-parties. Although Drivelocker attempts to ensure the integrity of the Drivelocker Website and any Drivelocker Content on it, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Drivelocker Website or any of the Drivelocker Content on the Drivelocker Website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Privacy.
Please review the Drivelocker “Privacy Policy”. The terms of the Privacy Policy are incorporated into, and considered part of, these Website Terms.
Formation of a Binding Contract.
A contract for the Drivelocker Service will exist between you and Drivelocker for the type of service that you’ve selected once you have completed your registration for the Drivelocker Service, you have provided your credit card information to Drivelocker for automatic payment of the monthly fee owed for the type of service you’ve selected and you have agreed to the terms of the Drivelocker Agreement.
International Use.
Drivelocker controls and operates this Drivelocker Website and the Drivelocker Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Drivelocker makes no representation that the Drivelocker Website and Drivelocker Service is appropriate or available for use in locations outside of the United States of America. If you use the Drivelocker Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Drivelocker Content contrary to United States law is prohibited. None of the Drivelocker Content, nor any information acquired through the use of the Drivelocker Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Governing Law and Jurisdiction.
These Website Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Drivelocker Agreement or your use of the Drivelocker Website and the Drivelocker Service shall be filed only in the state courts located in Montgomery County in the Commonwealth of Pennsylvania or the federal courts located in the city of Philadelphia in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Drivelocker Service or this Drivelocker Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Drivelocker Website Warranty Disclaimer
THIS DRIVELOCKER WEBSITE AND ALL OTHER PRODUCTS OR SERVICES AS OFFERED TO VISITORS ON OR THROUGH THE PORTION OF THE DRIVELOCKER WEBSITE OUTSIDE OF THE DRIVELOCKER SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVELOCKER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE DRIVELOCKER WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE DRIVELOCKER WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE DRIVELOCKER WEBSITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE PORTION OF THE DRIVELOCKER WEBSITE OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE.
Drivelocker Website Use Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OR INABILITY TO USE THE PORTION OF THE DRIVELOCKER WEBSITE OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE DRIVELOCKER WEBSITE OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE DRIVELOCKER WEBSITE OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE DRIVELOCKER WEBSITE OR INFORMATION PROVIDED THROUGH THE DRIVELOCKER WEBSITE, EVEN IF DRIVELOCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IN THIS RESPECT, THE MAXIMUM LIABILITY FOR DAMAGES OF DRIVELOCKER AND EACH OF ITS SUPPLIERS FOR USE OF THE DRIVELOCKER WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED OUTSIDE OF THE DRIVELOCKER SERVICE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE RETAIL PRICE PAID BY YOU FOR ANY PRODUCTS OR SERVICES ORDERED.
Drivelocker Service Terms
1. Definitions.
“Drivelocker Service” means the subscription based data storage service that includes, but is not limited to, (a) various levels (in gigabytes) of online storage space, (b) backup functionality, (c) restore functionality, (d) access to the Drivelocker System, (e) streaming functionality, and (f) other functionality that Drivelocker may make available from time to time.
“Drivelocker System” or “System” means the equipment and Software owned, leased, used by, or maintained for or by Drivelocker.
“EULA” shall mean the Software license agreement you will be asked to review and agree to prior to installation of the Software.
“Services” means any and all services that are provided by Drivelocker to you either now or in the future, including the Drivelocker Service.
“Software” means the computer program that is downloaded by you that includes, but is not limited to, accessing and/or conducting (a) various levels (in gigabytes) of online storage space, (b) backup functionality, (c) restore functionality, (d) access to the Drivelocker System, (e) streaming functionality, (f) other functionality that Drivelocker may make available from time to time, and any materials that may be posted on the Drivelocker Website regarding the functionality of the computer program, as addressed in the terms of a separate EULA.
“Subscriber Files” means the Subscriber files, directory structure and file content.
Capitalized terms not otherwise defined above shall have the meaning that is given to them elsewhere in these Service Terms.
2. Eligibility.
Membership in the Drivelocker Service is void where prohibited. By registering for an account with the Drivelocker Service (a “Subscriber Account”) and using the Drivelocker Website and the Drivelocker Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
To purchase from or register as a Subscriber of the Drivelocker Service, you must be 18 years of age or older. In this respect, you represent and warrant that you are 18 years of age or older and that your use of the Drivelocker Website and Drivelocker Service shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age.
3. Registration.
To use the Drivelocker Service, you must complete the Drivelocker registration process, which is available at http://www.drivelocker.com (the "Registration Form"), on your behalf. As part of the registration process for the Drivelocker Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Drivelocker Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Information").
You agree that the Registration Information you provide to us on registration with the Drivelocker Service and at all other times will be true, accurate, current, complete and up to date. In particular, you must keep your e-mail address up to date in that this is the primary means in which we will communicate with you about your Subscriber Account and your orders.
If Drivelocker discovers that any of your Registration Information is inaccurate, incomplete or not current, Drivelocker may terminate your right to access and receive the service immediately upon notice. Drivelocker, among other things, reserves the right to terminate the Drivelocker Service to any user who has canceled any number of previous Drivelocker Service accounts upon notice. Drivelocker need not provide a reason for its termination.
Upon acceptance of this agreement and completion of the registration process, you will have opened a Subscriber Account with Drivelocker and will become a subscriber to or user of the Drivelocker Service.
4. Password and Subscriber Account.
When you register as a Subscriber, you will be asked to provide a password. You are solely responsible for all activities that occur under your Subscriber Account and ensuring that you exit or log-off from your Subscriber Account at the end of each session of use.
Since you will be responsible for all of the activities that occur with respect to your Subscriber Account, we ask that you keep your password confidential. Your Membership is solely for your personal use, and you shall not authorize others to use your Subscriber Account, including your profile or email address.
You are solely responsible for all content and data published or displayed through your Subscriber Account, including any email messages, and for your interactions with other Subscribers.
You must notify Drivelocker immediately of any unauthorized use of your password or if you believe that your password is no longer confidential or if you otherwise believe that there has been a breach in security with respect to your account. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
In this respect, you shall not disclose your password to any third party or permit any third party to access your Subscriber Account. You may not sell or otherwise transfer your profile for your Subscriber Account.
You may not use the account, username, or password of any other Subscriber at any time or attempt to impersonate another Visitor to the Drivelocker Website, any person who is not a Subscriber of Drivelocker or any Subscriber.
You may not engage in any automated use of the Drivelocker Service, such as using scripts to add friends, or cover or obscure the banner advertisements on your personal profile page, or any Drivelocker page via HTML/CSS or any other means.
Drivelocker shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Drivelocker or any transactions entered into through the Drivelocker Service or failure to abide by this Agreement.
5. Agreement Term.
This Drivelocker Agreement shall remain in full force and effect while you use the Drivelocker Website, the Drivelocker Service, and/or are a Subscriber. You agree that Drivelocker may at any time without notice: (i) refuse to accept your application to become a Subscriber; (ii) move, change or suspend any part of the Drivelocker Service; or (iii) terminate your Subscriber Account and delete any Subscriber Files or Subscriber Content stored in your Subscriber Account if, in Drivelocker’s sole discretion, you fail to comply with this Drivelocker Agreement or a competent regulatory authority requires us to do so. You may terminate or cancel the Drivelocker Service and your Subscriber Account at any time; however, in the event that you do so, Drivelocker will not refund any Fees already paid by you.
If Drivelocker terminates your Subscriber account due to your failure to comply with this Drivelocker Agreement, including your failure to pay for the Drivelocker Service as required in this Drivelocker Agreement, such termination shall be effective upon Drivelocker sending notice to you at the email address you provide during registration for your Subscriber Account or other email address as you may subsequently provide to Drivelocker.
Upon cancellation or termination of the Drivelocker Service and your Subscriber Account, your right to use such account and the Drivelocker Service immediately terminates. DRIVELOCKER SHALL HAVE NO OBLIGATION TO YOU TO MAINTAIN ANY SUBSCRIBER CONTENT STORED IN YOUR SUBSCRIBER ACCOUNT OR TO FORWARD ANY SUBSCRIBER CONTENT TO YOU OR TO ANY THIRD-PARTY AFTER THE DRIVELOCKER SERVICE IS TERMINATED OR CANCELLED.
6. Payment of Fees.
Drivelocker offers its Drivelocker Service, as described on the Drivelocker Website (www.drivelocker.com.) and as published within the Drivelocker Service, for monthly or annual fees ("Fees") which you will pay to Drivelocker by authorized credit card. The Fees applicable for the Drivelocker Service are available at www.drivelocker.com. and as published within the Drivelocker Service.
Drivelocker reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you, which may be sent by email. Your authorized credit card will automatically be charged Fees on the day you sign up for the Drivelocker Service. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Drivelocker Service was initially charged. In the event you cancel the Drivelocker Service, Drivelocker will not refund any Fees already paid by you.
Your Drivelocker Subscriber Account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Drivelocker Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle.
If you believe Drivelocker has billed you incorrectly, you must contact Drivelocker no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Billing inquiry and support contact information can be emailed to Drivelocker at customerservice@drivelocker.com.
If you upgrade your Drivelocker Service, please remember that Drivelocker bills you immediately for the extra space you order. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space.
7. Non-Transferable Membership.
Drivelocker grants to you a personal, non-exclusive, non-transferable license to use the products and services, to use and store any software, and to use, store, manipulate, analyze, print and display the Subscriber Content, contained in or made available through the Drivelocker Service solely for your own personal, non-commercial use, provided that (i) you do not modify the Drivelocker Content, (ii) any copies that you may make must be marked “Copyright Drivelocker. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the Drivelocker Content on any copies. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in the Drivelocker Agreement, you may not use, reproduce, modify, display, publish, post, transmit, distribute, perform or display any materials contained on this Drivelocker Website, including any Drivelocker Content, for any commercial purpose. Unauthorized use of the Drivelocker Service, or the resale of the Drivelocker Service without Drivelocker’s prior written consent is strictly prohibited. All rights that are not expressly granted to you by Drivelocker are retained by Drivelocker.
You acknowledge that Drivelocker will aggressively enforce its intellectual property rights with respect to its Drivelocker Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
8. Excessive Use
YOU AGREE THAT DRIVELOCKER RESERVES THE RIGHT IN ITS COMPLETE DISCRETION TO ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF THE DRIVELOCKER SERVICE FOR THE GREATEST BENEFIT OF ITS SUBSCRIBERS. AS PART OF THESE PRACTICES, DRIVELOCKER RESERVES THE RIGHT TO MONITOR GENERAL SYSTEM USAGE AND PERFORMANCE TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES. YOUR CONSUMPTION OF THE DRIVELOCKER SERVICE MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF DRIVELOCKER'S PAID SUBSCRIBERS. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, A DRIVELOCKER REPRESENTATIVE MAY ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THE DRIVELOCKER SERVICE. PLEASE NOTE, INCIDENTS OF VIOLATION OF THIS POLICY HAVE BEEN INFREQUENT AMONG DRIVELOCKER USERS; HOWEVER, DRIVELOCKER RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
You will have the option to subscribe to additional services that Drivelocker offers as described on the Drivelocker Website, all subject to the terms of this Agreement or another agreement specific to those additional services.
9. Subscriber Files and Subscriber Content.
Drivelocker does not own any data, information, photos, sound recordings, videos, or other media or material that you create, upload or submit to the Drivelocker Service, or store in your Subscriber Account, including any Subscriber Files or the content or data contained within the Subscriber Files (“Subscriber Content”). Drivelocker will not monitor, edit, or disclose any information regarding you or your Subscriber Account, including any Subscriber Content, without your prior permission except in accordance with this Agreement or our Privacy Policy, and will not license, resell or otherwise distribute any Subscriber Content to third-parties. Drivelocker may access your Subscriber Account, including its Subscriber Content, to respond to service or technical problems or as stated in this Agreement or our Privacy Policy. You, not Drivelocker, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Subscriber Content and Drivelocker shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Subscriber Files or Subscriber Content.
You are responsible for all of the Subscriber Content you upload, submit, or copy using the Drivelocker Service. Drivelocker does not control the content of Subscribers' accounts and does not have any obligation to monitor such content for any purpose. Drivelocker has the right but not the obligation to monitor, and edit or remove, any activity or Subscriber Content. You understand and agree that Drivelocker takes no responsibility and assumes no liability for any Subscriber Content uploaded or submitted by you or any third party.
You represent and warrant that you own (or otherwise license or control) all right, title or interest in and to the Subscriber Content that you upload or submit; that you have received all proper permissions and/or releases relative to all Subscriber Content that you upload or submit; that use of the Subscriber Content you store in your Subscriber Account does not violate this Drivelocker Agreement and will not violate or infringe upon the rights (including all intellectual property rights, privacy, moral or publicity rights) of any person or entity. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Drivelocker Service.
10. Copyright Policy.
If you believe that another Subscriber has acted in violation of your copyright rights, please contact us pursuant to the terms of our “Copyright Policy”, the terms of which are incorporated into, and considered part of, the Drivelocker Agreement.
11. Applicable Laws.
You must use the Drivelocker Service in a manner consistent with any and all applicable laws and regulations, including all applicable local, state, national and foreign laws, treatises and regulations.
12. Acceptable Use Policy.
You agree to comply to the fullest extent with the “Acceptable Use Policy”, the terms of which are incorporated into, and considered part of, the Drivelocker Agreement.
You understand that Drivelocker does not in any way screen its Subscribers, nor does Drivelocker inquire into the backgrounds of its Subscribers or attempt to verify the statements of its Subscribers. Drivelocker makes no representations or warranties as to the conduct of Subscribers or their compatibility with any current or future Subscribers and is not in any way responsible for your interactions with other Subscribers. Drivelocker reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
13. No Advertising or Solicitation.
You may not engage in any advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the Drivelocker Service. You may not transmit any chain letters or junk email to other Subscribers. Although Drivelocker cannot monitor the conduct of its Subscribers off of the Drivelocker Website, you may not use any information obtained from the Drivelocker Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, Drivelocker reserves the right to restrict the number of emails which any Subscriber may send to any other Subscriber in any 24-hour period to a number which Drivelocker, in its sole discretion, deems appropriate. In addition, commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber profiles without notice and may result in termination of membership privileges.
14. Articles Disclaimer.
This Drivelocker Website may sometimes post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from Drivelocker or official expressions of Drivelocker. Drivelocker does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although Drivelocker believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, Drivelocker cannot guarantee that such statements are reliable and accurate and Drivelocker accepts no fault or liability for any error or omission with respect to such articles.
15. Computer Viruses.
You agree that you will not knowingly transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs, including but not limited to trojan horses, worms, time bombs or cancelbots.
16. Disclaimer of Warranty.
DRIVELOCKER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE DRIVELOCKER WEBSITE OR IN CONNECTION WITH THE DRIVELOCKER SERVICE PROVIDED, WHETHER CAUSED BY ANY VISITORS OF THE DRIVELOCKER WEBSITE, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE DRIVELOCKER SERVICE.
DRIVELOCKER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS DRIVELOCKER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF OR FOR: (I) YOUR USE OF THE DRIVELOCKER SERVICE, INCLUDING DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, ANY COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE IN ANY MANNER BY DRIVELOCKER; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY OR OPERATION OF THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE DRIVELOCKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DRIVELOCKER SERVICE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE DRIVELOCKER SERVICE THAT THE DRIVELOCKER SERVICE IS MAKING AVAILABLE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Without limiting the foregoing, THE DRIVELOCKER SERVICE, EVERYTHING ON THE DRIVELOCKER WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
17. Limitation on Liabilities.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL DRIVELOCKER HAVE ANY LIABILITY TO ANY SUBSCRIBER OR VISITOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM (I) THE USE OR INABILITY TO USE THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE, INCLUDING ANY OFFERS OR INCENTIVES REALIZED BY YOU THROUGH YOUR USE OF THE DRIVELOCKER SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR SUBSCRIBER CONTENT, OR (V) ANY OTHER MATTER RELATED TO THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE OR ANY DRIVELOCKER CONTENT OR INFORMATION PROVIDED ON THE DRIVELOCKER WEBSITE OR DRIVELOCKER SERVICE, EVEN IF DRIVELOCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, THE MAXIMUM LIABILITY OF DRIVELOCKER FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF THE DRIVELOCKER SERVICE AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE DRIVELOCKER SERVICE SHALL BE LIMITED TO, (I) FOR CLAIMS RELATED TO THE DRIVELOCKER SERVICE (AND SERVICES PROVIDED TO YOU THROUGH THE DRIVELOCKER SERVICE), ANY FEES PAID BY YOU TO DRIVELOCKER IN CONNECTION WITH THE DRIVELOCKER SERVICE FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; (II) FOR ANY CLAIMS RELATED TO ANY SERVICES PROVIDED OUTSIDE OF THE DRIVELOCKER SERVICE, ANY FEES PAID BY YOU TO DRIVELOCKER IN CONNECTION WITH THESE SERVICES FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (III) FOR ANY PRODUCTS SOLD (THROUGH THE DRIVELOCKER SERVICE OR OUTSIDE OF THE DRIVELOCKER SERVICE), THE LESSER OF ONE HUNDRED DOLLARS ($100.00) PER ORDER AND THE RETAIL COST OF THE ORDER THAT GAVE RISE TO THE CLAIM.
18. Indemnity.
You understand and agree that you are personally responsible for your behavior in connection with the Drivelocker Service. You agree to indemnify, defend and hold Drivelocker, its subsidiaries, affiliates, officers, agents, and other partners and employees and any third-party information or content providers to the Drivelocker Service, harmless from any loss, liability, claims, demands, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party due to or arising out of (i) your use or misuse of the Drivelocker Service by you or any other person using your Subscriber Account; (ii) any violation or breach of this Drivelocker Agreement; (iii) any Subscriber Content that you upload or submit to the Drivelocker Website or through the Drivelocker Service; or (iv) any violation of any of the rights of any other third-party.
19. Choice of Law and Forum.
The Drivelocker Agreement, including these Service Terms, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Drivelocker Agreement or your use of the Drivelocker Website and Drivelocker Service shall be filed only in the state courts located in Montgomery County in the Commonwealth of Pennsylvania or the federal courts located in the city of Philadelphia in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Drivelocker Service or this Drivelocker Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Entire Agreement; Order of Precedence; Waiver; Severability.
Unless otherwise specified herein, the Drivelocker Agreement constitutes the entire agreement between you, a Subscriber, and Drivelocker with respect to the Drivelocker Website and the Drivelocker Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Drivelocker with regard to the Drivelocker Website and Drivelocker Service. To the extent of any conflict or ambiguity between the “Website Terms”, “Service Terms”, any Drivelocker Policies or any other terms and conditions or content specific to products or services offered on the Drivelocker Website as posted on the Drivelocker Website, the order of precedent for Subscribers of the Drivelocker Service shall be: (i) the “Service Terms”, (ii) the Drivelocker Policies, (iii) the “Website Terms” and (iv) the other terms and conditions or content specific to products or services offered on the Drivelocker Website as posted on the Drivelocker Website, and each of the aforementioned parts of the Drivelocker Agreement shall govern in such order, but solely to the extent of any conflict or ambiguity. Drivelocker's failure to enforce any right or provision in this Drivelocker Agreement shall not constitute a waiver of such right or provision. If any part of this Drivelocker Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
21. Comments.
If you have any comments or questions about the Drivelocker Service, please contact us at customerservice@drivelocker.com or by telephone at 610.477.0125.
22. Other.
This Drivelocker Agreement is accepted upon your use of the Drivelocker Website and is further affirmed by you becoming a Subscriber of the Drivelocker Service. The section titles in this Drivelocker Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Drivelocker Agreement.
