Last Updated: April 20, 2025

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INTRODUCTION

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Welcome to Drake Foundry. By accessing or using our website, products, or services, you agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully before using our website or services.

 

ACCEPTANCE OF TERMS

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By accessing or using Drake Foundry's website, products, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy and Security Statement and Cookie Policy, which are incorporated by reference. If you do not agree to these Terms, please do not use our website or services.

 

MODIFICATIONS TO TERMS

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Drake Foundry reserves the right to modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our website or services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.

 

ELIGIBILITY

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You must be at least 18 years old to use our website and services. By using our website and services, you represent and warrant that you meet this eligibility requirement.

 

ACCOUNT REGISTRATION

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Certain features or services offered on our website may require you to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

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INTELLECTUAL PROPERTY RIGHTS

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Our Content

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All content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Drake Foundry or its content suppliers and is protected by United States and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on our website is strictly prohibited without our express prior written consent.

 

Your Content

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By submitting, posting, or displaying content on or through our website, you grant Drake Foundry a non-exclusive, royalty-free, worldwide, fully paid, irrevocable, perpetual, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you have all rights necessary to grant these rights to Drake Foundry.

 

Trademarks

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Drake Foundry's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Drake Foundry or its affiliates. You may not use such marks without our prior written permission.

 

PROHIBITED USES

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You agree not to use our website or services:

• In any way that violates any applicable federal, state, local, or international law or regulation

• To impersonate or attempt to impersonate Drake Foundry, a Drake Foundry employee, another user, or any other person or entity

• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website or services

• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, the server on which our website is stored, or any server, computer, or database connected to our website

• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms

• To harvest or collect email addresses or other contact information of other users from our website by electronic or other means

 

USER GENERATED CONTENT

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If our website permits users to post or submit content, such content must not:

• Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

• Promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any person

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws

• Be likely to deceive any person

• Promote any illegal activity, or advocate, promote, or assist any unlawful act

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization

• Give the impression that they emanate from or are endorsed by Drake Foundry if that is not the case

 

THIRD-PARTY LINKS

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Our website may contain links to third-party websites or services that are not owned or controlled by Drake Foundry. Drake Foundry has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Drake Foundry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

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DISCLAIMER OF WARRANTIES

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DRAKE FOUNDRY'S WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAKE FOUNDRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DRAKE FOUNDRY DOES NOT WARRANT THAT OUR WEBSITE, ITS CONTENT, OR THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

LIMITATION OF LIABILITY

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IN NO EVENT SHALL DRAKE FOUNDRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE; (III) ANY CONTENT OBTAINED FROM OUR WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR SERVICES.

 

INDEMNIFICATION

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You agree to defend, indemnify, and hold harmless Drake Foundry, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our website or services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

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TERMINATION

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Drake Foundry may terminate or suspend your access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our website or services will immediately cease.

 

GOVERNING LAW

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These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware for the resolution of any disputes arising out of or relating to these Terms.

 

WAIVER AND SEVERABILITY

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No waiver by Drake Foundry of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Drake Foundry to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

ENTIRE AGREEMENT

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These Terms, our Privacy and Security Statement, and our Cookie Policy constitute the entire agreement between you and Drake Foundry regarding our website and services and supersede all prior agreements and understandings, whether written or oral, regarding our website and services.

 

CONTACT INFORMATION

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If you have any questions about these Terms, please contact us at:

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Drake Foundry
379 West Broadway, New York, NY

hello@drakefoundry.com