- Electronic Form. By accessing the Web Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Web Site, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
You must be at least thirteen (13) years of age to register as a Member of or otherwise use the Web Site. Membership in the Service is void where prohibited. By using the Web Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement contains the entire agreement between you and Vestboard, Inc. regarding the use of the Web Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- Non-commercial Use by Members.
The Web Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of Vestboard. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web Site for any purpose. Illegal and/or unauthorized uses of the Web Site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Web Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Web Site is with the permission of Vestboard, which may be revoked at any time, for any reason, in Vestboard’s sole discretion.
- Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Vestboard of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Vestboard will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or AOL Screen Name to your Vestboard account.
- Free Content on Vestboard.com.
(a) Proprietary Rights. Vestboard owns and retains all proprietary rights in and to the Web Site and the Service, and has a license to use all material posted by you and the other Members as discussed below. The Web Site contains the copyrighted material, trademarks, and other proprietary information of Vestboard, and its licensors. Except for that information which is in the public domain, is considered fair use, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Vestboard, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Vestboard, Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on the Web Site. Under no circumstances will Vestboard, Inc. or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or transmitted to or by any Members.
- Prohibited Activities.
Vestboard reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service: (i) You will not “stalk” or otherwise harass any person. (ii) You will not express or imply that any statements you make are endorsed by Vestboard without our specific prior written consent. (iii) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. (iv) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service. (v) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site. (vi) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. (vii) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. (viii) You will not “frame” or “mirror” any part of the Service or the Web Site, without Vestboard’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Vestboard or the Service or the site in order to direct any person to any other web site for any purpose. (ix) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web Site or any software used on or for the Service or cause others to do so.
- Modifications to Service.
Vestboard reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vestboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses.
In order to protect the integrity of the Service, Vestboard reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Web Site.
- Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent, pursuant to the Digital Millennium Copyright Act (17 U.S.C. Â§ 512(c)), with 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 Web Site; your address, telephone number, and email address; a written 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; 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
Vestboard is not responsible for any incorrect or inaccurate Content posted on the Web Site or in connection with the Service whether caused by users of the Web Site, Members or by any of the equipment or programming associated with or utilized in the Service. Vestboard is not responsible for the conduct, whether online or offline, of any user of the Web Site or Member of the Service. Vestboard assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Vestboard is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Vestboard or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web Site or the Service, any Content posted on the Web Site or transmitted to Members, or any interactions between users of the Web Site, whether online or offline. The Web Site and the Service are provided “AS-IS” and Vestboard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Vestboard cannot guarantee and does not promise any specific results from use of the Web Site and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Web Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Vestboard makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vestboard has no control over such sites and resources, you acknowledge and agree that Vestboard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Vestboard 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 upon, any such Content, goods or services available on or through any such site or resource.
- Third-Party Advertisers.
Vestboard may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Vestboard, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Vestboard is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
- Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Vestboard.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Vestboard.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Vestboard’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Vestboard for the Service during the term of membership.
- Jurisdiction and Choice of Law.
If there is any dispute arising out of the Web Site and/or the Service, by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
- Indemnity by You.
You agree to indemnify and hold Vestboard, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Vestboard is trademark of Vestboard. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Vestboard. Please contact us with any questions regarding this agreement.
How to contact us
If you have any questions about this Agreement or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail at [email protected]