License – If you are 18 or older, BOARDZ.COM grants you a limited, revocable, nonexclusive, perishable license for just you to access BOARDZ.COM in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, sell, or “frame” content from BOARDZ.COM. Content you create and share with friends/family is permissible. You grant BOARDZ.COM a perpetual, irrevocable, unlimited, worldwide license to use, copy, perform, display, distribute, and make derivative works from content you post.
Use – Automatic services that find relevant content that links to said content on BOARDZ.COM are allowed. Our users expect a level of integrity so misleading, unsolicited, unlawful, or spam postings and email are also not permitted. Don’t be creepy or spammy, so you agree not to collect other users’ personal or contact information.
Moderation – It is an interesting world out there, so you agree we may moderate BOARDZ.COM and do whatever we deem necessary. This includes but not limited to blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree we are not liable for moderating, not moderating, or representations as to moderating, and nothing we say or do waives our right to moderate, or not.
All site rules, e.g. boardz.com/index.php/prohibited/, are incorporated herein.
Disclaimer – Some Jurisdictions have laws protecting consumers and other contractual parties, limiting their ability to waive certain rights and responsibilities. We respect such laws, nothing herein shall waive rights or responsibilities that cannot be waived.
To the extent permitted by law:
- we make no promise as to BOARDZ.COM, its completeness, accuracy, availability, timeliness, propriety, security or reliability
- your access and use are at your own risk, and BOARDZ.COM is provided “AS IS” and “AS AVAILABLE”
- we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your BOARDZ.COM use; or (d) our representations;
- BOARDZ.COM, our officers, and our vendors disclaim all warranties & conditions, expressed or implied, or merchantability, fitness for particular purpose, or non-infringement. Collectively we are not liable for any indirect, incidental, special, consequential or punitive damages or loss.
- any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your BOARDZ.COM use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle;
- Claims must be resolved exclusively by state or federal court in Santa Cruz, CA (except we may seek injunctive remedy anywhere);
- to submit to personal jurisdiction of said courts;
- any Claim must be filed by 1 year after it arose or be forever barred;
- not to bring or take part in a class action against BOARDZ.COM Entities;
- (except government agencies) to indemnify BOARDZ.COM Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your BOARDZ.COM use;
- you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and
- to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
Severance and Waiver:
This is the exclusive and entire agreement between us.
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, 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.
The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
BOARDZ.COM reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others,
BOARDZ.COM is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BOARDZ.COM may place such advertising and promotions on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Updated December 31, 2017