AGREEMENT BETWEEN USER AND DRAKE CPE
The Site is offered to users who are 18 years of age or older (or have reached the age of majority in the jurisdiction where you reside) and reside in the United States or any of its territories or possessions. By using the Site, you warrant that you are of legal age to form a binding contract with Drake and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations.
Drake has no obligation to monitor the Communication Services. However, Drake reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Drake reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Drake reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Drake's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Drake does not control or endorse the content, messages, or information found in any Communication Service, and therefore, Drake specifically disclaims any liability arising from or relating to any Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts
are not authorized Drake spokespersons, and their views do not necessarily reflect those of Drake.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DRAKE CPE OR POSTED AT ANY DRAKE CPE WEBSITE
Drake does not claim ownership of the materials you provide to Drake (including feedback and suggestions) or post, upload, input, or submit to any of the Site or their associated services, including any Communication Services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant to Drake and its affiliated companies, and each of their respective licensees, successors, and assigns, the permission to use your Submission for any purpose, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
All Submissions will be considered non-confidential and non-proprietary. No compensation will be paid with respect to the use of your Submission, as provided herein. Drake is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Drake's sole discretion.
LINKS TO THIRD PARTY WEB SITES
The Site may contain links to other websites provided by third parties ("Linked Sites"). The Linked Sites are not under the control of Drake and Drake is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Drake is not responsible for webcasting or any other form of transmission received from any Linked Site. Drake provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Drake of the site or any association with its operators. You acknowledge and agree that Drake has no control or responsibility for any Sites linked to the Sites and accepts no responsibility or liability for any loss or damage that may arise from your use of such Sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO
THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
INTELLECTUAL PROPERTY RIGHTS
All contents, features, and functionality of the Site are owned by Drake, its licensors, or other suppliers or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.
The names of actual companies and products mentioned herein and/or third party trademarks and logos contained herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to Drake's copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Drake Software, LLC
235 E Palmer St
Franklin, NC 28734 email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Site, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, "Communications") electronically. Drake may provide Communications to you related to the Site and the services by electronic communication, including by email, facsimile, or by making such Communications available on the Site.
Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
QUESTIONS AND COMMENTS
If you have questions or comments about the Site or the services provided by Drake, please contact us at: firstname.lastname@example.org.