1. Acceptance of Terms: By using or visiting this website, including all content, products, software, and services provided through drakesport.com (www.drakesport.com) and its associated sites (collectively referred to as the “Drake Sport Website”), you agree to these terms and conditions (the “Terms of Use”). Drake Sport, Inc. may, at its discretion, modify or update these Terms of Use at any time, and you agree to be bound by such changes. Nothing in this Agreement is intended to confer any rights or benefits to third parties.

2. Drake Sport Website: These Terms of Use apply to all users of the Drake Sport Website, including those who contribute video content, information, and other materials or services. The Drake Sport Website encompasses all features, products, software, and services offered. It may include links to third-party websites not owned or controlled by Drake Sport. Drake Sport has no control over, and assumes no responsibility for, the content, privacy policies, or practices of such third-party sites. Additionally, Drake Sport will not censor or edit third-party site content. By using the Drake Sport Website, you release Drake Sport from any liability related to your use of third-party websites.

3. Drake Sport Accounts: To access certain features of the Drake Sport Website, you must create a Drake Sport member account, subject to a separate Drake Sport Member Agreement available at https://drakesport.com. You must not use another person’s account without permission. You must provide accurate and complete information when creating your account and are solely responsible for all activity on your account. You must keep your account password secure and notify Drake Sport immediately of any security breaches or unauthorized use. While Drake Sport is not liable for losses due to unauthorized use of your account, you may be liable for any losses Drake Sport or others incur due to such use.

4. Use of the Drake Sport Website – Permissions and Restrictions: Drake Sport grants you permission to access and use the Drake Sport Website under these Terms of Use, provided that:

• You do not distribute any part of the Drake Sport Website, including User Submissions (defined below), without prior written permission from Drake Sport.
• You do not alter or modify any part of the Drake Sport Website, including its technologies.
• You do not access User Submissions or Drake Sport content through means other than those explicitly authorized by Drake Sport.
• You do not use the Drake Sport Website or its embeddable video player for commercial purposes without written authorization from Drake Sport. Prohibited commercial uses include selling access to the Drake Sport Website, using the site for advertising revenue, selling targeted ads, or using the site in a way that competes with Drake Sport’s market. Permitted commercial uses include uploading original videos to promote your business or team, subject to the Drake Sport Member Agreement.
• If you use the Drake Sport embeddable player on your site, you must include a prominent link back to the Drake Sport Website and must not modify or block any part of the player.
• You agree not to use automated systems, like “robots” or “spiders,” to artificially generate views of video content or overload Drake Sport’s servers. However, public search engines are allowed to use spiders to create searchable indices of materials, not caches or archives. Drake Sport may revoke these exceptions at its discretion.
• You must not collect personally identifiable information from the Drake Sport Website or use its communication systems for commercial solicitation purposes.
• You must comply with all applicable laws and regulations in your use of the Drake Sport Website.
• Drake Sport reserves the right to discontinue any aspect of the Drake Sport Website at any time.

5. Use of Content on the Site: In addition to general restrictions, the following apply specifically to content on the Drake Sport Website:

• Content on the Drake Sport Website, excluding User Submissions, is owned by or licensed to Drake Sport and is protected by copyright and other intellectual property laws. Content is provided for personal use only and cannot be downloaded, copied, reproduced, distributed, transmitted, or used for any other purpose without prior written consent. Drake Sport reserves all rights not expressly granted.
• You may only access User Submissions for personal use or as intended through the site’s normal functionality.
• User comments are available for personal use only and cannot be used, copied, or distributed in ways not intended by the site or prohibited by this Agreement.
• You must not use, copy, or distribute content or User Submissions for commercial purposes beyond what is explicitly allowed.
• You must not interfere with security features or limit access to content.
• You acknowledge that you may encounter User Submissions that are inaccurate, offensive, or objectionable and agree to release Drake Sport from any related liability, indemnifying it to the fullest extent allowed by law.

6. Account Termination Policy: Drake Sport may terminate a user’s access without prior notice if it determines that the user has violated these Terms of Use. Drake Sport reserves the right to decide what content or User Submissions are appropriate and may remove them at its discretion.

7. Digital Millennium Copyright Act: If you believe that content on the Drake Sport Website infringes on your copyrights, you may submit a DMCA notification to Drake Sport’s copyright department with the following information:

• A physical or electronic signature of an authorized person;
• Identification of the copyrighted work;
• Identification of the infringing material and information to locate it;
• Contact information;
• A statement of good faith belief that the use is unauthorized;
• A statement of accuracy and authorization to act on behalf of the copyright owner.

Notifications should be emailed to [email protected]. Failure to follow these requirements may invalidate your DMCA notice.

Counter-Notice: If you believe content was removed incorrectly, you may send a counter-notice with the following:

• Your signature;
• Identification of the removed content and its previous location;
• A statement of good faith belief that the removal was a mistake;
• Your contact details and consent to jurisdiction in Miami, Florida.

If a counter-notice is received, Drake Sport may restore the content after 10 to 14 business days unless a court action is filed.

8. Warranty Disclaimer: YOUR USE OF THE DRAKE SPORT WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DRAKE SPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY OR COMPLETENESS OF CONTENT. DRAKE SPORT IS NOT LIABLE FOR ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTIONS, OR HARM CAUSED BY THIRD PARTIES. DRAKE SPORT DOES NOT WARRANT OR ENDORSE PRODUCTS OR SERVICES ADVERTISED THROUGH THE WEBSITE AND IS NOT RESPONSIBLE FOR TRANSACTIONS BETWEEN USERS AND THIRD PARTIES.

9. Limitation of Liability: DRAKE SPORT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING ERRORS, INJURIES, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTIONS, OR HARM FROM THIRD PARTIES. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnity: You agree to defend, indemnify, and hold harmless Drake Sport and its affiliates from any claims, damages, or expenses arising from your use of the site, violations of these Terms of Use, or any third-party rights.

11. Ability to Accept Terms: You affirm that you are over 18 or have parental consent and are fully capable of agreeing to these Terms of Use.

12. Assignment: You cannot transfer these Terms of Use, but Drake Sport may assign them without restriction.

13. General: The Drake Sport Website is considered based in Florida and does not give rise to personal jurisdiction outside of Florida. These Terms of Use are governed by Florida law, and any disputes must be resolved in Miami-Dade County, Florida. This Agreement constitutes the entire understanding between you and Drake Sport, and any invalid provisions do not affect the remaining terms. Drake Sport may amend these Terms of Use at any time, and continued use signifies acceptance of changes. Any legal action related to the Drake Sport Website must commence within one year of the cause of action arising.