Last Updated: April 24, 2009
1.2. “Submission” means all Content, ideas, comments, suggestions, concepts or other material you submit to Driscoll’s. All Submissions become the property of Driscoll’s. You acknowledge and agree that other than any thank you token that you may receive, you will not receive any additional consideration for a Submission. You agree to cooperate with and execute any documents requested by Driscoll’s to enable Driscoll’s to enforce intellectual property rights in a Submission against third parties. Driscoll’s reserves the rights to use such Submissions for any and all purposes including, but not limited to commercials, brochures, magazines, print, promotion, trade and editorial usage in any form, media or technology now know or later developed, without restriction. Nothing herein will constitute any obligation by Driscoll’s to make any use of the Submission or associated rights
1.3. Notice of Copyright Infringement Claims. We respect the copyright of others and we ask you to do the same. If you believe that copyrighted material may have been or is being infringed with respect to any items on the Site, please notify us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c) by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy or call our 24 hour toll-free number at 1-800-871-3333. The Notification Form must be fully completed to be effective.
2. YOUR OBLIGATIONS & CONDUCT
You agree that you will not use the Site to:
- 2.1. transmit software viruses, worms, trojan horses or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment;
- 2.2 injure Driscoll’s or other users of the Site;
- 2.3 pretend to be Driscoll’s or someone else or otherwise misrepresent your identity or affiliation;
- 2.4 link to your website, unless you receive Driscoll’s prior express written consent;
- 2.5 violate or infringe anyone’s intellectual property rights;
- 2.6 interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or
- 2.7 upload, post, email, transmit or otherwise make available any 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 or harmful of minors
3. DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. DRISCOLL’S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. LIMITATION OF LIABILITY
4.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRISCOLL’S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.
4.2. Links To Third Party Sites. Any links to the internet sites of third parties are provided solely for your convenience and such sites are not owned, controlled, or operated by Driscoll’s. Driscoll’s has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites. If you click through to a third party site, you do so at your own risk.
Attn: Customer Relations—Website
P.O. Box 50045
Watsonville, CA 95077-5045