Terms & Conditions
Ownership of the Site and its Content
The site, and all information, materials and other content, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the site are copyrights, trademarks, service marks, trade names, trade dress or other intellectual property owned, controlled or licensed by Drive Shack. The site and all such content are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries.
The presence of any content on the site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any content viewed through the site. Except as otherwise provided herein, no content on the site may be copied, reproduced, republished, uploaded, downloaded, modified, posted, framed, transmitted, distributed or sold in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without obtaining in advance written permission from Drive Shack or Drive Shack's licensors. You may lawfully access and use the site to view, copy, download, or print content on the site solely for your personal, noncommercial use, provided that you do not modify the content and that you retain any and all copyright and other proprietary notices contained in the content.
Drive Shack's name and logo are trademarks (whether registered or not), service marks and/or trade dress of Drive Shack, and all other trademarks, service marks, trade names, logos, product and service names, graphics and button icons appearing on the site are trademarks (whether registered or not), service marks and/or trade dress of Drive Shack and/or others. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade dress or logo displayed on the site, which use by you without the written permission of Drive Shack or such other third party who may own such trademark, service mark, trade dress or logo is strictly prohibited. Any unauthorized use of any trademark, service mark, trade dress or logo displayed on the site may violate, among other things, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information, materials, other content or software from the site, you agree that you will not copy it or remove or obscure any copyright or other proprietary notices contained in any such information, materials, other content or software.
If you create an account through the site, you agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You may not use the contact information of another person, including address, telephone numbers and e-mail addresses, to create an account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below.
Lawful Use of the Site
You agree to use the site only for lawful purposes and in accordance with any and all applicable rules, regulations and any applicable local, state, national or other law. You further agree that your communications with or through the site will not infringe on the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to upload or transmit through the site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of computer software or hardware or telecommunication equipment. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the site is strictly prohibited. We reserve all rights and remedies available to us.
Disclaimer of Warranty
DRIVE SHACK AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ITS CONTENT (INCLUDING USER-GENERATED CONTENT, IF ANY) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVE SHACK AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIVE SHACK AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (I) RELATING TO THE SECURITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THAT THE SITE WILL OPERATE SECURELY, FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), AND/OR WITHOUT INTERRUPTION OR ERROR AND (II) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DRIVE SHACK, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE INFORMATION, MATERIALS AND OTHER CONTENT IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO, THE FOREGOING, YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO DRIVE SHACK FOR THE USE OF THE SITE, AND ACCORDINGLY, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF DRIVE SHACK, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE ONE HUNDRED DOLLARS ($100.00USD) FOR ACCESSING OR USING THE SITE AND/OR THE INFORMATION, MATERIALS AND OTHER CONTENT IN OR ACCESSIBLE THROUGH THE SITE.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
User Generated Content
DRIVE SHACK AND ITS AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED DRIVE SHACK SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF DRIVE SHACK. Drive Shack is not responsible for the accuracy, suitability or quality of any user-generated content. You are responsible for the content that you post. You may not post, upload or otherwise make available:
- any harmful, hateful, threatening, abusive, harassing, unlawful, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging or indecent content, or any content that promotes or encourages any of the foregoing;
- any content that is misleading or fraudulent;
- any content that violates or infringes on the rights of others (for example, privacy or publicity rights, patent rights, copyrights, trademark rights or confidentiality rights);
- any image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information;
- any request for or solicitation of money, goods, or services for private gain;
- any content that contains viruses or any other material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
Links from and to Third-Party Websites
Governing Law, Jurisdiction and Venue
Updated As Of February 1, 2018