POPBOARDZ GENERAL TERMS AND CONDITIONS OF USE
Welcome to the PopBoardz software. The PopBoardz is a trademarked work belonging to Moonbeach Inc. ("PopBoardz" "we," or "us"). PopBoardz provides to our users ("You") a visual digital media hub/platform ("PopBoardz") that allows you to organize your PDFs, images, videos and more all on one screen as well as certain other services (collectively, the "Services") at the PopBoardz site at URL: http://www.popboardz.com/ (the "Site") under the following terms and conditions (the "Terms") as set forth in this General Terms and Conditions of Use Agreement. The Services available in the software were released for general use in 2013 and are constantly being improved. Keep in mind that the Software and the Services may still contain errors, bugs, or other problems not usually associated with generally available sites and services, and not all Services mentioned may be available at this time. We will send periodic software updates via our Push Notifications. Thank you for helping us develop and improve our Software and Services.
PLEASE READ THESE TERMS CAREFULLY. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THIS SOFTWARE.
By downloading the Software or using the Services, You agree to be bound by these Terms, whether You are a "Visitor" (which means that You simply trying out the software) or a "Registered User" (which means that You have "Upgraded" your service to the fully-functioning version of the software or "Opted Into" receiving "Push Notifications" that allows PopBoardz to update users periodically about new features and services that are now or will in the future be available through our Software and may be disclosed within or adjacent to the applicable service. Any such terms are incorporated into these Terms.
1. USERS. You promise that any information You provide to us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is not true, accurate, current or complete, we may deny or terminate Your access to the Software or Services (or any portion thereof).
a) VISITORS. Visitors may browse the Software in accordance with these Terms and will not have access to certain Services without becoming a Registered User.
b) REGISTERED USERS. Certain Services are only available to Registered Users who are required to accept our request to send periodic "Push Notifications" prior to accessing such Services. When You set up an Account, You are required to be careful not to violate the rights of others. You may not transfer or share Your Password or Account (collectively, the "Account Information") with anyone, and You are solely responsible for maintaining the confidentiality of Your Account Information and You are fully responsible for all activities Without limiting any rights which PopBoardz may otherwise have, PopBoardz reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and Your Account, including without limitation terminating Your Account, changing Your Password, or requesting additional information to authorize transactions on Your Account. Notwithstanding the above, PopBoardz may rely on the authority of anyone accessing Your Account or using Your Password and in no event and under no circumstances shall PopBoardz be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of PopBoardz under this provision, (ii) any compromise of the confidentiality of Your Account or Password, and (iii) any unauthorized access to Your Account or use of Your Password. You may not use anyone else's Account or display name at any time, without the permission of the Account holder.
The security of Your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of Your personally identifying information. However, You understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that PopBoardz makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
b) REGISTERED USERS. Certain Services are only available to Registered Users who are required to set up an Account prior to accessing such Services. When You set up an Account, You are required to enter Your first and last name and email address. Your username will be the email address provided. You will create a password. ("Password") to access the Services. Display names that are vulgar, attempt to impersonate another person or violate the rights of others are not allowed. You may not transfer or share Your Password or Account (collectively, the "Account Information") with anyone, and You are solely responsible for maintaining the confidentiality of Your Account Information and You are fully responsible for all activities that occur under Your Password or Account identification. You agree to immediately notify us of any unauthorized use of Your Account Information or any other breach of security. You are solely responsible for any and all use of Your Account. Without limiting any rights which PopBoardz may otherwise have, PopBoardz reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Software and Your Account, including without limitation terminating Your Account, changing Your Password, or requesting additional information to authorize transactions on Your Account. Notwithstanding the above, PopBoardz accessing Your Account or using Your Password and in no event and under no circumstances shall PopBoardz be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of PopBoardz under this provision, (ii) any compromise of the confidentiality of Your Account or Password, and (iii) any unauthorized access to Your Account or use of Your Password. You may not use anyone else's Account or display name at any time, without the permission of the Account holder.
Please understand that there is no such thing as “perfect security" on the Internet. Although we will take reasonable steps to help ensure the safety of Your personally identifying information. You understand and agree that such steps do not guarantee that use of the Software is invulnerable to all security breaches, and that PopBoardz makes no warranty, guarantee, or representation that use of any of our Software is protected from viruses, security threats or other vulnerabilities.
2. ACCESS RIGHTS. We hereby grant to You a limited, non-exclusive, nontransferable access right to access the Software and use the Services solely for internal business purposes and personal use only as permitted under these Terms ("Access Rights"). You understand and acknowledge that the Software and Services are the property of PopBoardz, and You may not prepare derivative works of, reverse engineer, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services, the Software or any underlying software, technology or other information, including any printed materials of the same, unless expressly authorized hereunder. Any use of third party software provided in connection with the Software or Services will be governed by such third parties' licenses and not by these Terms. You agree to be responsible for any act or omission of any users that access the Software or Services under Your Account or using Your Password that, if undertaken by You, would be deemed a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by You. We reserve the right, in our sole discretion, to deny use of the Software or Services to anyone for any reason.
3. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SOFTWARE AND SERVICES; POSTING GUIDELINES. You agree not to use the Software or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or (e) interfere with or disrupt the Software or Services or servers or networks connected to the Software or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Software or Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software or Services, use of the Software or Services or access to the Software or Services for any purposes other than for which the Software or Services are being provided to You. You may not reverse engineer, disassemble, decompile, or translate any components of the Software or Services, attempt to derive the source code of any components of the Software or Services, or authorize or assist any third party to do any of the foregoing. Without our written consent, You may not (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Software, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that You provide to us will be true, accurate, complete and current.
You are required to follow the following guidelines when making a post on any PopBoardz:
Remember if you share a PopBoardz link via email or other sharing tool You are in public - the information You post can be seen by everyone on the internet. Be thoughtful about whether others should have access to the information You are posting.
Respect others' opinions - if necessary, agree to disagree.
Use good judgment - stay in good taste.
A word about language: Mild expletives are allowed in our discussion areas. However, strong vulgar language or crude references are not appropriate.
Harass, verbally attack, or threaten others.
Pretend to be someone You are not or claim false credentials.
Post or link to content that is obscene or otherwise objectionable.
Post or link to content that is discriminatory, xenophobic or racist.
Post content that isn't Yours - whether copyrighted or someone's personal material.
Believe everything You read - postings may be inaccurate or inappropriate for You and should not be taken as advice.
Engage in, link to, or promote illegal activities or content.
Post or collect personal information about someone else.
Use a post as an opportunity to vent, disparage or flame another person, organization or entity.
Express negative opinions without supporting facts.
Post or link directly to any content with vulgarities directed towards another person, organization or entity.
4. USER CONTENT; LICENSE; REPRESENTATION AND WARRANTY. You are solely responsible for content You provide ("User Content"). Without implying any obligation on our part, we reserve the right to remove User Content as required by law or if we believe User Content may create liability for us or violates these terms, or to modify User Content as required by law or if necessary to cause User Content to be in compliance with these Terms. You represent and warrant that User Content: (a) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
We do not generally pre-screen or control User Content posted by users of our Software or Services, and, therefore, we do not guarantee the accuracy, integrity or quality of such User Content. We have the right (but not the obligation) in our sole discretion to monitor, refuse or remove any User Content that is available via our Software or Services for any or no reason, including that any User Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any User Content uploaded, transmitted, or downloaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. As the provider of the Software and Services, we are only a forum and are not liable for any statements, representations, or User Content provided by users. Any opinions, advice or recommendations expressed therein are those of the users providing such User Content and not ours. We do not endorse any User Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage You from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Software or Services is used to disseminate statements that are harmful or inflammatory.
5. MODIFICATIONS TO TERMS. We may change these Terms from time to time. If You object to any such changes, Your sole recourse will be to cease using the Software and/or Services. Continued use of the Software and/or Services following notice of any such changes will indicate Your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.
6. DISCONTINUATION OF OR MODIFICATIONS TO THE SOFTWARE OR SERVICES. We reserve the right to modify or discontinue the Software or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Software or Services. If You object to any such changes, Your sole recourse will be to cease using the Software or Services. Continued use of the Software or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Software or Services as so modified.
8. ACCURACY OF INFORMATION. PopBoardz does not warrant that any information, graphic depictions, product and service descriptions or other content of the Site are accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that information on the Site or within the Services may be inaccurate. In the event PopBoardz determines that the Site or the Services contain an error or inaccuracy, PopBoardz reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. You agree to notify PopBoardz immediately if You become aware of any errors or inaccuracies and You agree to comply with any corrective action taken by PopBoardz.
9. DISCUSSION FORUMS; THIRD PARTY CONTENT AND MONITORING. Any services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site or within the Services, including in any discussion forum. We have the right, but not the obligation, to monitor and review the content on the Site or within the Services and Accounts to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor content for accuracy or reliability.
Parties other than PopBoardz may offer and provide products and services on or through the Site. Except for PopBoardz branded information, products or services that are identified as being offered by PopBoardz, PopBoardz does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. PopBoardz is not responsible for examining or evaluating, and PopBoardz does not warrant the offerings of, any of these businesses or individuals or the content of their websites. PopBoardz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
10. LINKS. Our provision of a link to any other website or location is for Your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Access to any other websites linked to the Site is at Your own risk. When leaving the Site, You should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
11. COPYRIGHTS; RESTRICTIONS ON USE. The software, code, proprietary methods and systems used to provide the Site or Services ("Our Technology") and the content of the Site and Services ("Our Content") are (1) copyrighted by PopBoardz and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by PopBoardz or its licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and You may not remove or alter any such notice, information or restriction. Nothing in these Terms grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms.
12. COPYRIGHT COMPLAINTS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site or Services;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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 the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached as follows:
13. TERMINATION. You may delete Your Account and end Your registration at any time, for any reason by sending an email to feedback@PopBoardz.com. PopBoardz may terminate Your use of the Site, Your Account and/or registration for any reason at any time. You understand that termination of these Terms and Your Account may involve deletion of Your information from our live databases as well as any content that You uploaded to the Site or to a PopBoardz Board using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POPBOARDZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. POPBOARDZ MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES POPBOARDZ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POPBOARDZ OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL POPBOARDZ OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF POPBOARDZ TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
16. INDEMNIFICATION. You agree to indemnify, defend and hold harmless PopBoardz, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) User Content and any information You submit, post or transmit through the Site or Services, (2) Your use of the Site or Services, (3) Your violation of these Terms, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services.
17. TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, tradenames, service marks or logos ("Marks") of PopBoardz or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
19. MISCELLANEOUS. Unless otherwise set forth in a services delivery agreement between You and PopBoardz, these Terms constitute the entire and exclusive and final statement of the agreement between You and us with respect to the subject matter hereof, and governs Your access to the Site and Your use of the Services, superseding any prior agreements or negotiations between You and us with respect to the subject matter hereof. The Agreement and the relationship between You and PopBoardz will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Agreement, or Your use of, the Site or Services must be instituted exclusively in the federal or state courts located in the State of California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
Time Limit to File Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in these Terms creates an agency or partnership. You may not assign Your rights under these Terms without our prior written consent, and any attempted assignment will be null and void.
20. SURVIVAL. The terms of Sections 7 through 20, and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of these Terms for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to Our Content, Our Technology and the Site or Services will survive the expiration or earlier termination of these Terms for any reason.
21. VIOLATIONS. Please report any violations of these Terms to feedback@PopBoardz.com. PopBoardz