eBoard.com User Agreement
- Terms of use
- This user agreement (the "Agreement") constitutes your agreement as a
user (a "user") with eBoard.com, Inc. ("eBoard") with offices at 516 East
8th Street, Ocean City, NJ 08226 with respect to User's use of eBoard (the
"Service"). User must agree to abide by all of the terms and conditions
contained in the Agreement in order to become or remain an authorized user
of the Service.
- eBoard reserves the right to change, modify, add or remove portions
of this Agreement at any time and for any reason. Notification of such
changes will be posted on the Service. eBoard may ask user to accept the
terms of such changes to continue using the Service.
- IF THE AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO USER OR
CAUSE USER TO NO LONGER BE IN COMPLIANCE WITH THE AGREEMENT, USER MAY CANCEL
ACCOUNT BY SENDING E-MAIL TO support@eboard.com. USER'S CONTINUED USE OF THE
SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE
TERMS AND CONDITIONS, WILL CONSTITUTE A BINDING ACCEPTANCE BY USER OF SUCH
CHANGES OR MODIFICATIONS.
- eBoard may modify, terminate or suspend any aspect of the Service
or user's account at any time and for any reason without prior notice.
eBoard may also impose limits on User's use of the Service or restrict
User's access to part or all of the Service without notice or liability.
eBoard reserves the right (but has no obligation) to remove from public view
or delete any Content on eBoard Services, for any reason, at eBoard's sole
discretion. Notwithstanding the above, under no circumstances will eBoard be
liable for any errors or omissions, or any loss or damage of any kind,
incurred as a result of the use of any Content on eBoard Services.
- eBoard may monitor User's use of the Service, and use or disclose
any information gathered as part of such monitoring, to satisfy any law,
regulation or other government request, and to operate the Service properly
and efficiently. eBoard has no obligation to monitor the Service. eBoard
may, in its sole discretion, develop and use consumer research based on
User's use of the Service. All marketing information shall be subject, in
all cases, to compliance with the applicable laws, regulations and rules, as
may be amended from time to time.
- User shall not transfer Users account. User shall be fully
responsible for use of User's account by such authorized third parties, and
for any consequences if such an individual misuses the Service, violates
this Agreement, or accesses material or information which User feels is
obscene or otherwise objectionable. User agrees to provide to the
individuals referenced in the preceding sentence a copy of this Agreement
and to inform them that their use of the Service is subject to the terms and
conditions hereof.
- Visitors Under 13: You must be at least 13 years old in order to
register for eBoard. If you are under 13 years of age, please do not send
any information about yourself, including your name or e-mail address. If we
discover that we have collected any personally-identifying information from
a child under the age of 13, we will remove that information from our
database as soon as possible.
- Content Published through the Service
- All materials published through the Service (including, but not
limited to postings, messages, e-mail, articles, photographs, images,
graphics, audio clips and video clips, ("the Content") are protected by
copyright and other intellectual property laws. User shall abide by all
copyright or other notices, information, or restrictions appearing in
conjunction with any Content published through the Service.
- User may download Content published through the Service for
personal, noncommercial use only, provided that User shall maintain all
copyright and other notices contained in such Content. User agrees and
acknowledges that he or she shall not copy or store any Content for other
than personal, noncommercial use without obtaining prior written permission
from the copyright holder.
- User shall not modify, adapt, translate, exhibit, publish,
transmit, participate in the transfer or sale of, reproduce or create
derivative works from, distribute, perform, display, reverse engineer,
decompile or dissemble, or in any way exploit, any of the Content published
through the Service, in whole or in part.
- Community Standards. eBoard uses the term "Community Standards" to
describe the rules governing acceptable behavior by users of the Service and
acceptable content posted to the Service by users. User is individually
responsible for any messages, images, text, links, web pages or other
content ("Content") posted on or through the Service. As noted above, it is
up to User to secure the rights or to obtain permission from the copyright
holder prior to posting or transmitting any Content on or through the
Service.
User will respect the rights of others, including intellectual-property
rights (copyright, patent and trademark), the right to privacy, the right
not to be slandered, libeled or harassed. User will not use eBoard Services
for chain letters, junk mail, "spamming" or commercial solicitations or to
engage in illegal activities. User will not use eBoard Services to conduct
any business or activity, or solicit the performance of any activity that is
prohibited by applicable law. Note that the law as to jurisdiction of online
services is unsettled, and that User may be affected by laws in other
jurisdictions outside eBoard's or User's own locality.
User will not upload, post, distribute or transmit Content on or through the
Service that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise offensive to an
average person. User shall comply with all applicable laws (including
trademark and copyright laws) , rules and regulations in connection with the
use of the Service, and not to engage in any act that adversely impacts the
performance or availability of the Service or distribute any computer virus
or other harmful component or corrupted data.
- eBoard does not endorse any opinions published by any User through
the Service. User acknowledges and agrees that any Content submitted by User
to be published through the Service may be edited, removed, modified,
transmitted, reproduced or displayed by eBoard. User waives all rights and
claims against eBoard for any infringement of any proprietary rights, rights
of privacy or publicity, moral rights, or other rights of any person or
entity for use of the submitted Content by eBoard, its User or any other
person or entity. User acknowledges and agrees that no confidential,
fiduciary, contractually implied or other relationship is created between
User and eBoard by this Agreement or use of the Service. eBoard shall not be
responsible for the payment of any fees to any party in connection with any
use of the Content submitted to the Service through User's account.
- Use of the Service
- User acknowledges and agrees that use of the Service is solely for
personal, noncommercial use. User shall not, without the express approval of
eBoard, distribute or publish any Content containing any solicitation of
funds advertising or solicitation for goods or services, or to services
which are competitive with eBoard and the Service.
- eBoard does not and cannot review all Content submitted to the
Service by User and is not responsible for the content of such Content.
eBoard reserves the right to delete, move, or edit Content that eBoard, in
its sole discretion, deems to be in violation of the law (including
trademark and copyright law), abusive, defamatory, obscene, which could
expose eBoard to civil or criminal liability, or which is otherwise
unacceptable. User is solely responsible for the Content transmitted through
the Service from User's account.
- eBoard shall not be responsible for, and shall have no liability
for, the security or integrity of any sensitive or confidential information,
data, or Content transmitted or published through the Service, including,
but not limited to, User credit card information. The transmission of such
sensitive or confidential information and Content is, as between User and
eBoard, at User's own risk.
- User shall notify eBoard of any known or suspected unauthorized
use(s) of User's account or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of User's account
information. In addition, User shall notify eBoard of any known or suspected
breach of the provisions of this Agreement by another User or person. eBoard
will thereupon investigate such claim within its sole discretion, and may
take such action, including without limitation suspension of the subject
account or removal of violative material, as eBoard may deem necessary in
its sole discretion pending resolution of the dispute. In general, User
should contact eBoard by e-mail at support@eboard.com with any problem with
or question regarding the Service.
- By posting messages, uploading files, inputting data, or engaging
in any form of communication in or through the Service, User is granting to
eBoard a perpetual, unrestricted license to use, copy, modify, adapt or
document (in connection with providing, promoting, distributing or otherwise
exploiting the Service) any communication, information or any underlying
work in which User may possess proprietary rights, including but not limited
to copyright, trademark, service mark or patent rights. User shall have no
recourse against eBoard for any alleged or actual infringement of any
proprietary rights to which User may claim ownership. eBoard or its
suppliers own all rights, title and interest in and to all components of the
Service, but expressly excluding content owned by third parties which may be
accessible through the Service. eBoardıs ownership rights in the Service
include, but are not limited to, the look and feel of the end-user
interfaces associated with the Service, the name of the Service, and the
collective works consisting of all public messages on the Service. User may
not reproduce any sequence of messages from the Service without eBoard's
permission. In addition, User may not copy, modify, adapt, reproduce,
translate, distribute, reverse engineer, decompile, or disassemble (i) any
aspect of the Service which eBoard or its suppliers own, or (ii) any
service, information or materials supplied by a third-party content provider
and which User may access through the Service.
- Representations and Warranties
- User represents and warrants (a) that the Content submitted through
User's account or eBoard's use thereof in accordance with the terms and
conditions of this Agreement, shall not (i) violate or infringe upon the
rights of any third party, including copyright, trademark, privacy or
publicity, moral rights, contractual or other personal or proprietary
rights; or (ii) contain libelous, defamatory, obscene, pornographic,
profane, sexually explicit, abusive, threatening or otherwise unlawful
material; (iii) constitute false or misleading indications of origin or
statements of fact; (iv) cause injury of any kind to any person or entity,
or (v) violate any applicable laws, rules, regulations or other governmental
regulations.
- USER'S USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK. THE
SERVICE PROVIDED BY EBOARD IS PROVIDED "AS IS". EBOARD MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE
OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY OR USEFULNESS OF
ANY CONTENT OR OTHER MATERIALS PUBLISHED OR OTHERWISE PROVIDED THROUGH THE
SERVICE. EBOARD SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES
FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, CONTENT, OR
ANY OTHER MATERIALS PROVIDED THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS THAT
IS A DIRECT OR INDIRECT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE,
REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF
EBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. UNLESS
MADE AWARE OF SUCH CONTENT PURSUANT TO THIS AGREEMENT, EBOARD EXERTS NO
EDITORIAL CONTROL OVER CONTENT ON THE SERVICE, PORTIONS OF WHICH MAY BE
CONSIDERED ABUSIVE, DEFAMATORY, OBSCENE OR OTHERWISE OFFENSIVE, OR WHICH MAY
INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND IN NO
EVENT SHALL EBOARD BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR
INDIRECTLY, WITH RESPECT TO ANY SUCH CONTENT ACCESSED THROUGH THE SERVICE.
- Indemnification User agrees to defend, indemnify and hold eBoard and
its affiliates and subsidiaries harmless from any and all liabilities, costs
and expenses, including reasonable attorneys' fees, related to any violation
of this Agreement by User, or in connection with the use or misuse of the
Service or User's account, or the transmittal of Content or other materials
through the Service using User's account. User shall cooperate as fully as
reasonably required in the defense of any claim. eBoard reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by User.
- General
- This Agreement shall be governed by and construed in accordance
with the laws of the State of New Jersey, without regard to the principles
of conflicts of laws thereof. Each of the parties irrevocably submits to the
jurisdiction of any federal or state court located in New Jersey in
connection with any claims or disputes arising under this Agreement.
- User agrees that all activity herein will abide by any applicable
local policies, including, but not limited to, the District Computer
Network/Acceptable Use Policy and the District Code of Conduct.
- All correspondence should be sent via postal delivery to: Seacliff
Associates, LLC, 516 East 8th Street, Ocean City, NJ 08226.