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路径: \\TracyHampton\wwwhomeTracyHampton\PublishNotify.txt
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Membership Agreement   

This Membership Agreement sets forth the terms and conditions on which DriveHQ, LLC, offers products and services to registered users (each a "Member") of the website www.drivehq.com. 

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A MEMBER. 

1. Terms
The Membership Agreement is comprised of (a) all terms and conditions set forth herein; (b) all operating rules and policies that are by published on the Site from time to time, (c) Legal Notices and Trademarks and (d) the DriveHQ Privacy Policy, each as modified from time to time. In light of the evolving nature of web-based offerings, DriveHQ may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended. 

2. The Service
The term "Service" includes all functionality made available by DriveHQ on or through the Site. DriveHQ may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Membership Agreement. 

3. Member's Privileges and Obligations
The Service is available only to users over the age of 13. In order to use the Service, you must first register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is intended for personal use only and is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify DriveHQ of any unauthorized use of your user ID or another breach of security in relation to the Service. You may use the Service only for your personal, non-commercial use. You may not take the results from your use of the Service and link to them, or mirror pages from the Site on another website, or create links from other websites onto any area of the Site. 

4. Member Content; Member Private Area; Community Area
You may store, display and publish your "Member Content" on the Site. The "Member Content" may include images, video, audio, music, sound files, and other materials, data, or text. Your Member Content is linked to your user ID. As a Member, you can display or publish your Member Content: 

As "Private Member Content", in a private area of the Site, which is accessible only to you and your guests, and which requires the use of a password (the "Member Private Area") or 

As "Public Member Content", in the public area of the Site, which is accessible by all users of the Site, whether or not they are Members, and which does not require the use of a password (the "Community Area"). 

You agree not to post, send, transmit, upload, display, publish or distribute through any part of the Site, any Member Content that: 

(a) Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner; 

(b) Contains false or misleading statement of facts or description of the origin of the material or communications; 

(c) Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights; 

(d) Interferes with the privacy rights of any person, or impersonates any person; 

(e) Contains a virus, may corrupt files or other content that may compromise or harm the Site or any user thereof; 

(f) Makes or purports to make any commercial use of the Site; 

(g) Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law; or advocates illegal activity; or 

(h) Contains links to your Member Private Area (defined below) that does any of the above. 

You are responsible for creating and maintaining copies of your Member Content, as back-ups, prior to posting or uploading any material, data, text, image, video, music, sound, audio file, or other content or materials on the Site. 

5. Price and Payment 
Certain content, products or services on the Site, such as photo printing and gift and hardware sales, are subject to charges and specific terms and conditions, which are explained in connection with such content and services. The Service and certain other content, product, services or information on the Site are presently available free of charge, exclusive of Internet or other telecommunications fees. DriveHQ may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, functionality on the Site, or institute a fee. DriveHQ shall not be liable to you or any third party for any such change. 

6. License Grant and Intellectual Property Rights
In consideration for the Service, and the potential benefits related thereto, you grant DriveHQ, its successors, licensees and assigns, a non-exclusive, worldwide, perpetual, royalty free license to use, modify, reproduce, distribute, publish, publicly perform, and publicly display your Member Content, by all means now known, or later created, including but not limited to display on the Internet, and in all forms of media, now known or later created. 

With respect to your Public Member Content, such license includes, without limitation, (a) the right for DriveHQ and third parties to access and view the portions of your Public Member Content on the Community Area; (b) the right to access, display, reproduce, modify, and transmit any portions of your Public Member Content, and to create, reproduce, display and distribute selected images, frames, thumbnails or stills from such Public Member Content. You agree that DriveHQ may use the Member Content that you provide and make available on the Community Area (by selecting such an option when uploading materials on the Site, or at a later time), at any time for any other purposes. 

With respect to your Private Member Content, such license includes, without limitation, granting DriveHQ and its contractors the right to access, display, reproduce, modify, and transmit any portions of your Private Member Content in order to store, host and display it on the Site, to improve site operations, and comply with applicable laws. 

You acknowledge and agree that certain technical processing or reformatting of your Member Content may be required to (a) perform indexing functions; (b) conform to connecting network technical requirements; (c) conform to the limitations of the Service or other similar requirements. 

As between DriveHQ and you, you will own your Member Content, and DriveHQ owns all right, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, WebPages and other product developed in connection with the Site or available on the Site. 

You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service. 

7. Member Profiles
Member Profiles are intended to be brief descriptions of a Member's interest and contact information. Any information you place on your Member Profile is accessible to anyone visiting the Site, unless you have made it private by checking the "Hide" box. You agree not to send transmissions through the Site that attempt to hide your identity or represent yourself as someone else. 

8. Responsibility for Member Content
DriveHQ does not as a policy review or screen any images, video, text, music, sound, audio files or other Member Content that a Member posts, displays or stores before they appear on the Site. Generally, DriveHQ's automated machinery and computers index the Member Content. DriveHQ does not endorse the content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content. 

You are solely responsible for the Member Content that you provide to DriveHQ for hosting, display or access on the Site, on the Community Area and/or on your Private Member Area. This includes, without limitation, responsibility for the nature, content, subject matter, views that you express, display or publish in your Member Content. 

You agree not to use the Service for illegal purposes. Your use of the Site, the Service, and the products, services, information available on the Site, is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States. 

You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals; (b) you have the right to use, upload, publish, display the Member Content linked to your user ID; (c) you have the right to grant the licenses granted herein; and (d) the use by DriveHQ of the rights that you grant DriveHQ in this Membership Agreement will not violate the rights of any third parties, including without limitation your employer and your clients. 

9. Code of Conduct
DriveHQ provides Members with storage space on the Site as a service to Members. DriveHQ encourages the free exchange of ideas, but has established the following parameters for any Member Content. When using any area of the Site you agree not to post, send, transmit, upload, or otherwise publish any data, text, image, video, music, sound, audio file, text, or other content or material that: 

(i) Contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate; 
(ii) Is or might be perceived by DriveHQ or DriveHQ members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language; 
(iii) Is inconsistent with the values or the spirit of the DriveHQ Community, as determined by DriveHQ in its sole discretion; 
(iv) Interferes with anyone else's use of this Site 
(v) Contains links to your Member Private Area that promotes or does any of the above. 

10. Illegal Activities
It is DriveHQ's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations 

11. Warranty, Disclaimer of Warranty
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text, images, video, music, sound or audio files on the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise 

DriveHQ makes no representation or warranty of any kind 

(a) that the Site or Service will meet your requirements; 

(b) that defects in the software for the Service will be corrected; 

(c) that the Service will be timely, secure, error free, uninterrupted; 

(d) that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete; 

(e) that Member Content or any material, data, text, images, video, music, sound, audio file, content or materials posted, displayed or stored on or through the Site will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely; 

(f) as to the result that may be obtained from the use of the Service; 

(g) that the Site or the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you access, browse, download from, upload to, or otherwise use the Service, the Site or any product or content on the Site 

DriveHQ expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service. 

Some jurisdiction to not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 

12. Disclaimer of Damages; Limitation of Liability
Even if DriveHQ, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to DriveHQ's negligence), shall DriveHQ be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to: 

(a) the quality, reliability, accuracy, completeness, of the Service; 

(b) any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, alteration, loss of access, or damages of or to your Member Content, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Site or the Service; 

(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service, Member Content or any content, products, services or information provided on the Site 

(d) any failures, delays, misdeliveries, or interruptions in the Service or any content, products, services or information on the Site; 

(e) any harm resulting from downloading or accessing any Member Content, or any other content, products, services or information provided on the Site; 

(f) any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service; or 

(g) the cost of procurement of any substitute goods or services. 

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights. 

If, despite the above limitations, Sony and/or DriveHQ were found responsible to a Member for any reason whatsoever, this liability will not exceed one hundred dollars ($100). 

13. Privacy 
It is DriveHQ's policy to respect the privacy of all of its customers. For more information, please see our full privacy policy . 

14. Site Content 
Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all material, data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content. 

You may download or use individual images, photos, video, graphics, music, sound, and audio files that are displayed in the Community Area of the Site only for personal non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any part of the Site Content in any format, electronic or otherwise. 

15. Copyrighted Material 
DriveHQ respects the intellectual property of others, and requires that its users and Members do the same. 

You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material. 

DriveHQ will promptly take down or block access to infringing or allegedly infringing material on its servers if DriveHQ becomes aware that such material infringes the copyright rights of a third party, whether DriveHQ identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. DriveHQ will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of DriveHQ's take down or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide DriveHQ a counter-notification establishing the Member's rights to display the material in question, as well as any other information DriveHQ shall request. Upon receipt, DriveHQ will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, DriveHQ will re-post or unblock the material within 14 days after receiving the counter notification. 

If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please provide DriveHQ the following information: 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

2. a description of the copyrighted work that you claim has been infringed; 

3. a description of where the material that you claim is infringing is located on the Site; 

4. your address, telephone number and email address; 

5. a statement by you that you have a good faith belief that the disputed use is no authorized by the copyright owner, its agent or the law; 

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner 

16. Indemnity
Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold DriveHQ, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service; (b) your violation of this Membership Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content; or (f) your violation of this Membership Agreement. 

17. Force Majeure
DriveHQ is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties. 

18. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice DriveHQ of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site. 

DriveHQ reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason. 

DriveHQ reserves the right, in its sole discretion, to terminate your Membership in the Site, or to remove your Member Content (including unlisted, password protected and unassigned Member Content) or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion 

Any termination under any provision of this Membership Agreement may be effected without prior notice, and DriveHQ may immediately delete and discard all of your Member Content, and/or bar any further access to such files on the Site or through the Service. Upon any termination of your Membership, or of this Membership Agreement, your right to use the Service will immediately cease. DriveHQ will have no obligation thereafter to host or provide access to your Member Content, or to forward any materials stored through the Service or any unread or unsent messages. DriveHQ may retain certain materials for administrative and other reasons. 

19. Notices & Questions
All notices from a Member to DriveHQ shall be in writing, and shall be made or delivered to DriveHQ via email or conventional mail. 

If you have any question about the Service or this Membership Agreement, please feel free to contact us at support@DriveHQ.biz 

20. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of the State of California, excluding its conflict of law provisions. With the exception of DriveHQ's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California 

21. General
This Membership Agreement constitutes the entire agreement between you and DriveHQ with respect to the Service; and your Member Content, and it supersedes any other agreement, proposals and communications, written or oral, between you and any DriveHQ representatives with respect to the Service and your Member Content 

If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect 

Any failure by DriveHQ to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless DriveHQ acknowledges and agrees to it in writing. 

DriveHQ may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of DriveHQ. 

You and DriveHQ agree that any cause of action arising out of, or related to the Service or the Site must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
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