Use of UNIVERSAL Websites
Below, UNIVERSAL authorizes you to use the UNIVERSAL Websites only for your own personal, non-commercial purposes. Use of the UNIVERSAL Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and UNIVERSAL, UNIVERSAL owns the UNIVERSAL Websites. The Universal Websites is protected under United States and international copyright laws. Any unauthorized use of the DRAKE Websites may violate copyright, trademark, and other laws.
When you register to open an account anywhere on the UNIVERSAL Websites, or when you contact UNIVERSAL through the UNIVERSAL Websites for the purpose of receiving products or services, UNIVERSAL may collect certain personal information about you. UNIVERSAL's use of such information is governed by the provisions of the UNIVERSAL Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use the UNIVERSAL Websites account, to update such information to keep it true, accurate, current, and complete).
You agree not to use the UNIVERSAL Websites (including, without limitation, any Materials or Services you may obtain through your use of the UNIVERSAL Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the UNIVERSAL Websites or servers or networks connected to the UNIVERSAL Websites. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the UNIVERSAL Websites; or (f) attempt to gain unauthorized access to any portion of the DRAKE Websites or any other accounts, computer systems, or networks connected to the UNIVERSAL Websites, whether through hacking, password mining, or any other means.
THE UNIVERSAL WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE UNIVERSAL WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT DRAKE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. DRAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE UNIVERSAL WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNIVERSAL MAKES NO WARRANTY THAT THE UNIVERSAL WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE UNIVERSAL WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE DRAKE WEBSITES WILL BE CORRECTED. DRAKE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DRAKE WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE UNIVERSAL WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE UNIVERSAL WEBSITES OR FROM DRAKE, OR OTHER AFFILIATED COMPANIES, (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE UNIVERSAL PARTIES") SHALL CREATE ANY WARRANTY. DRAKE DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE DRAKE PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE DRAKE WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE DRAKE WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY DRAKE PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any DRAKE Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the DRAKE Party's liability shall be the minimum permitted under such applicable law.
Modifications to DRAKE Websites
UNIVERSAL reserves the right to modify, suspend, or discontinue the UNIVERSAL Websites at any time without notice to you. For example, UNIVERSAL may make changes to the Materials and/or Services, at any time without notice. The Materials and Services may be out of date and UNIVERSAL makes no commitment to update the Materials and Services whatsoever.
Certain areas of the UNIVERSAL Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to UNIVERSAL an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that UNIVERSAL deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any service). UNIVERSAL reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. UNIVERSAL may, but is not obligated to, pre-screen User Submissions or monitor any area of the UNIVERSAL Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. DRAKE is not required to host, display, or distribute any User Submissions on or through the UNIVERSAL Websites and may remove at any time or refuse any User Submissions for any reason. DRAKE is not responsible for any loss, theft, or damage of any kind to any User Submissions. UNIVERSAL does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that UNIVERSAL will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. UNIVERSAL does not guarantee that you will have any recourse through UNIVERSAL or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 18 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to DRAKE the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to DRAKE described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the UNIVERSAL Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the UNIVERSAL Websites. UNIVERSAL is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, UNIVERSAL does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the UNIVERSAL Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent DRAKE's written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any UNIVERSAL logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that DRAKE endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with UNIVERSAL;
(e) shall not present false or misleading information about UNIVERSAL, its products, or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
UNIVERSAL and any other product or service name or slogan or logo contained in the UNIVERSAL Websites are trademarks of UNIVERSAL and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of UNIVERSAL or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with DRAKE or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of UNIVERSAL without UNIVERSAL's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by UNIVERSAL.
When you visit the Site or send e-mails to DRAKE, you are communicating with UNIVERSAL electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that UNIVERSAL provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the DRAKE Websites, constitute the entire and exclusive and final statement of the agreement between you and UNIVERSAL with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and UNIVERSAL with respect to such subject matter. The UNIVERSAL Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and UNIVERSAL shall be governed by the laws of the State of NEVADA as applied to agreements made, entered into, and performed entirely in NEVADA by NEVADA residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the DRAKE Websites shall be brought in the Federal or State courts located in Carson City, NEVADA, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of UNIVERSAL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of UNIVERSAL and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the UNIVERSAL Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or UNIVERSAL. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UNIVERSAL without restriction.
Modifications to these Terms
UNIVERSAL may, in its sole and absolute discretion, change these Terms from time to time. UNIVERSAL will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the UNIVERSAL Websites. Continued use of the UNIVERSAL Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the UNIVERSAL Websites and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.