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Terms of Use for DriveWorks Discussion Forum

Participation in the DriveWorks Discussion Forum will be subject to these Terms of Use. If a person breaches any of the Terms of Use, DriveWorks reserves the right to terminate his or her authorization to post messages to the Discussion forum.

SUBMITTED COMMENTS. Responsibility for Submissions and Legal Compliance. Participants are solely responsible for the content of any information ("Posting") they submit to the DriveWorks Discussion Forum. Participant warrants that Posting submitted by it will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights, such as copyrights, of any third party or (iv) violates the Acceptable Use Policy set forth herein. Violation of these restrictions may result in limitations on Participant's use of the DriveWorks Discussion Forum.

Use of Posting by Public. By using the DriveWorks Discussion Forum, a User acknowledges that: (i) DriveWorks may not pre-screen posting and, as such, DriveWorks does not guarantee the accuracy, integrity, or quality of such posting; (ii) the User will evaluate, and bear all risks associated with, the use of any posting, including any reliance on the accuracy, completeness, or usefulness of such posting; (iii) the User may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will DriveWorks be liable in any way for any posting, including, but not limited to, any errors or omissions in any posting, or for any loss or damages or any kind incurred as a result of the use of any posting.

Right to Remove or Disable Access. If DriveWorks is made aware of Posting that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that DriveWorks determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, DriveWorks has the right, but not the obligation, to remove or disable access to that Posting. For a Posting that a public user reasonably deems to be in violation of law, DriveWorks shall remove such Posting pursuant to the procedure described under the heading Copyright Infringement and Copyright Agent herein.

ACCEPTABLE USE POLICY Participant agrees to not use the DriveWorks Discussion Forum to:

  • Upload, post or otherwise transmit any Posting or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  • Harm minors in any way.
  • Impersonate any person or entity, including, but not limited to, a DriveWorks official, or falsely state or otherwise misrepresent Participant's affiliation with a person or entity.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting transmitted through the service
  • Upload, post or otherwise transmit any content that Participant does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • interfere with or disrupt the DriveWorks Discussion Forum or servers or networks connected to the DriveWorks Discussion Forum, or disobey any requirements, procedures, policies or regulations of networks connected to the DriveWorks Discussion Forum.
  • "stalk" or otherwise harass another.
  • collect or store personal Posting about other users.
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" services.
  • use the DriveWorks Discussion Forum (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond any DriveWorks Service

COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT; DriveWorks will, in appropriate circumstances, terminate the access rights of Participants involved in disputes regarding intellectual property rights and remove or disable access to related content. If a User believes that its work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this DriveWorks Discussion Group, please provide DriveWorks a Notice containing the following elements:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
  2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
  3. A description of where the material that you claim is infringing is located on the DriveWorks Discussion Group.
  4. Information sufficient to permit DriveWorks to contact you, such as your physical address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement can be sent to:

By mail:
Office Manager
DriveWorks Ltd
The Barley Store
Laskey Farm, Laskey lane, Thelwall
Cheshire, WA4 2TF, United Kingdom
By telephone: +44 (0) 1925 757585
By fax: +44 (0) 1925 754613
By email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

THE COPYRIGHT NOTICE SHOULD ONLY BE SENT IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS DRIVEWORKS DISCUSSION FORUM. DRIVEWORKS WILL NOT RESPOND TO ANY OTHER INQUIRIES DIRECTED TO THE OFFICE MANAGER.

GENERAL PRACTICES REGARDING USE AND STORAGE DriveWorks will use commercially reasonable efforts to prevent the loss of or damage to Postings in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the reconstruction of any Posting that may be lost or damaged by DriveWorks in the event that Participant, after using its best efforts, is unable to reconstruct such Posting via its own back-up procedures and copies.

WARRANTIES AND DISCLAIMERS THIS DRIVEWORKS DISCUSSION FORUM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DRIVEWORKS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIAL POSTED BY PARTICIPANTS. ALL POSTING IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICES ON THE DRIVEWORKS DISCUSSION FORUM ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DRIVEWORKS MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET PARTICIPANTS' AND/OR USERS' REQUIREMENTS, (ii) THE DRIVEWORKS DISCUSSION FORUM POSTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DRIVEWORKS DISCUSSION FORUM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED BY USER FROM THE DRIVEWORKS DISCUSSION FORUM WILL MEET USER'S EXPECTATIONS, AND (v) THE DRIVEWORKS DISCUSSION FORUM IS COMPLETELY SECURE. IN NO EVENT WILL DRIVEWORKS BE RESPONSIBLE FOR ANY SITUATION WHERE THE SECURITY, AVAILABILITY OR STABILITY OF THE DRIVEWORKS DISCUSSION FORUM IS COMPROMISED BY PARTICIPANT OR A THIRD PARTY.

LIMITATION OF LIABILITY IN NO EVENT SHALL DRIVEWORKS OR ITS LICENSORS BE LIABLE TO PARTICIPANT OR USER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THIS DRIVEWORKS DISCUSSION FORUM OR OTHER MATERIALS OR SERVICES FURNISHED HEREUNDER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF PARTICIPANT TRANSMISSIONS OR POSTING, EVEN IF DRIVEWORKS HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DRIVEWORKS' LIABILITY ARISING OUT OF, OR OTHERWISE RELATED TO THE SUBJECT MATTER HEREOF EXCEED THE AMOUNT PAID BY THE CLAIMING PARTY FOR THE PRODUCTS AND/OR SERVICES THAT GAVE RISE TO ANY CLAIM OVER THE PRECEDING TWELVE (12) MONTH PERIOD, OR, IF THE CLAIMING PARTY HAS NOT PAID FOR ANY ACCESS. PARTICIPANTS AND USERS ACKNOWLEDGE THAT THE ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS PARAGRAPH IS A MATERIAL CONSIDERATION FOR DRIVEWORKS PROVIDING THIS SERVICE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY POSTING THROUGH THE DRIVEWORKS DISCUSSION FORUM IS DONE AT USER'S OWN DISCRETION AND RISK, AND WITH USER'S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF POSTING THAT RESULTS FROM SUCH ACTIVITIES.

INDEMNITY Participant agrees to defend, indemnify and hold DriveWorks, its subsidiaries, affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Posting Participant submits, posts to or transmits through the DriveWorks Discussion Forum, Participant's connection to the service, Participant's violation of these Terms of Use, or Participant's violation of any rights of another.

INTERNATIONAL USE Recognizing the global nature of the Internet, Participant agrees to comply with all local rules regarding online conduct and acceptable Posting. Specifically, Participant agrees to comply with all applicable laws regarding the transmission of technical Posting exported from the United Kingdom or the country in which Participant resides.

TERMINATION DriveWorks may terminate this Agreement effective upon written (or emailed) notice to Participant if Participant materially breaches any of the terms or conditions of the Terms of Use that is not cured within ten (10) days after notice from DriveWorks. DriveWorks reserves the right to suspend access to and use of the DriveWorks Discussion Forum pending cure of Participant's breach. Termination is in addition to all other legal or equitable remedies available to either party.

The limitations and disclaimers of warranties, and the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.

GOVERNING LAW This DriveWorks Discussion Forum is controlled by DriveWorks from its offices within the United Kingdom. By accessing this DriveWorks Discussion Forum, you and DriveWorks agree that the statutes and laws of the United Kingdom, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this DriveWorks Discussion Forum and any Posting. This Agreement shall not be covered by the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

 
 
 
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