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Terms of Service

Welcome to drivesurfing.com ("DriveSurfing"). These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

If you believe your Account may have been compromised or misused, contact us immediately at cara.tordis@drivesurfing.com.

Using DriveSurfing Services. You will post in the appropriate information about cars and will not do any of the following bad things:

  • violate any laws or our Prohibited Content Policy;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm DriveSurfing or the interests or property of DriveSurfings users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the DriveSurfing;
  • copy, modify, or distribute any other person's content;
  • use any robot, spider, scraper or other automated means to access DriveSurfing and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to DriveSurfing.

Abusing DriveSurfing Services. Please use the Cara Tordis e-mail to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off DriveSurfing if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off DriveSurfing or not, we do not accept any liability for monitoring DriveSurfing or for unauthorized or unlawful content on DriveSurfing or use of DriveSurfing by users.

Global Marketplace. Some of DriveSurfing features may display your ad on other sites that are part of the global DriveSurfing community. By using DriveSurfing Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services. Using DriveSurfing Services is free. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Content. DriveSurfing Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute DriveSurfing Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify Cara Tordis and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to DriveSurfing that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through DriveSurfing VeRO Program. If you have a good faith belief that a listing on any of the DriveSurfing Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to DriveSurfing. After we receive your first NOCI, DriveSurfing will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.

Disclaimers and Limitations of Liability. The DriveSurfing Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the stuff on the DriveSurfing Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also are not a third party during the rental car. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of DriveSurfing, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Personal Information. By using DriveSurfing Services, you agree to the collection, transfer, storage and use of your personal information by DriveSurfing on servers located in the European Union as further described in our privacy policy.

General. These terms and the other policies posted on DriveSurfing Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of Poland applicable therein. We both submit to the jurisdiction of the courts of the Warsaw, Poland. This will not affect your statutory rights if you are a consumer and applicable consumer law requires an application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Cara Tordis mail.

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