You agree that Spectra Drive may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Spectra Drive account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by texting STOP to cancel and you may text HELP for customer support information. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
Any User Content provided by you remains your property. However, by providing User Content to Spectra Drive, you grant Spectra Drive a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Spectra Drive content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Spectra Drive’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post. You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ Content”) are owned by or licensed to and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, and our licensors reserve all rights in and to our Service and the Content. You are hereby granted a limited, nonexclusive, non transferable, non sublicensable, revocable license to access and use our Service and Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or Content; and (d) use our Service or Content other than for their intended purposes. Any use of our Service or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Driver Services, and you are solely responsible for your conduct while accessing or using our Service or the Driver Services. Without limiting the foregoing, you will not:
Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
Use or attempt to use another User’s account without authorization from that user and or arrange or attempt to arrange routes for any Student for whom you are not authorized to do so;
Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service; or
Use any data mining, robots or similar data gathering or extraction methods; or
Use our Service or the Driver Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose or others to any harm or liability of any type. In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, has adopted a policy of terminating, in appropriate circumstances and at sole discretion, subscribers or account holders who are deemed to be repeat infringers. may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“ Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our Service or the Driver Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights);
(e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Driver Services, including any bodily injury or property damage you cause. You agree to promptly notify Parties of any third party Claims, cooperate with Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and or the other Parties.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Spectra Drive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Spectra Drive does not endorse such third party services and content and in no event shall Spectra Drive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service. Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
If you have any questions about these Terms or our Service, please contact us at customerservice@spectradriveapp.com.