Important Policy Information:
Master*Board ™ bulletin board and messaging systems (herein referred to as "The Service(s) ") are provided by Master*Board™, a division of Master*Board™, to you ("You," the member) under the terms and conditions of this Membership Agreement (this "Agreement"). This Agreement governs Your use of Master*Board™'s web sites as well as the Service. BY ACCESSING THE SERVICE OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY, OR OTHERWISE DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS AND USE THE SERVICE.
I. SERVICE DESCRIPTION:
Master*Board™ provides a hosted message board service which enables users and/or purchasers of the Service (also referred to as members) to create discussion forums (message boards) on the World Wide Web where other members can visit and use to post and read messages.
II. USE OF SERVICE:
All use of the Service, including but not limited to the posting of messages and creation of message boards, is governed by this Agreement.
A. YOUR ACCOUNT:
All Member accounts are governed by and subject to the following rules:
1. All members completing the registration process must provide us with current, complete and accurate information as prompted by the registration process. You will choose a used id and password. We have the right to refuse to grant You an account in our sole discretion. Registration is necessary for those members who wish to create their own message board. Regardless of whether You register, You are agree to the terms of this Agreement and are responsible for Your posts.
2. Use of Your Account is expressly limited to You. Your Account may not be transferred or shared with any other party, temporarily or permanently.
3. You are entirely responsible for all use of Your Account and for the confidentiality of Your password. You are entirely responsible for any and all statements made and activities that occur through Your account. You agree to notify us immediately of any unauthorized use of Your account. To protect Your privacy, Master*Board™ will suspend access or change access to Your Account immediately upon notification by You that Your password has been lost, stolen or otherwise compromised.
4. To cancel Your Account, You agree to contact Master*Board™ by sending email to info@master-board.com Termination of Your Account will be effective on the day that Master*Board™ receives and reads Your email directing us to cancel Your account. In the event of termination, You will remain obligated not to violate the rights of any person or entity with respect to any materials You may have received or downloaded via Master*Board™.
5. You are responsible for all telephone or Internet access charges related to connecting to Master*Board™. If You reside outside the U.S. or Canada and You require access to an additional telecommunications network in order to connect to Master*Board™, You are responsible for the additional charges which may be incurred in order to connect to Master*Board™.
B. MESSAGE BOARDS:
1. Message boards on the Master*Board™ network are designed to accommodate a diversity of interests and opinions. Just like any community, however, hosts and message board participants must conduct themselves in an appropriate manner. Message boards may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm Master*Board™'s business interests, constitute a criminal offense, exploit children, violate rights of others, or otherwise violate any applicable local, state, national, or international law. Master*Board™ reserves the right to shut down any message board, which in its sole judgement, violates these guidelines.
2. Members can create and/or subscribe to a message board on the Master*Board™ system, which consists of all the message boards that are hosted on and served from Master*Board™ servers. Each member who creates a message board must designated manager, who is a registered member of Master*Board™ and who is referred to as the message board "Host".
3. Cancellation - Host agrees to notify Master*Board™ upon decision to discontinue the message board, and Master*Board™ has the right to terminate message boards at any time in the event of misuse or abandonment.
4. Master*Board™ and its affiliates are under no obligation to monitor or review discussions, chats, postings, transmissions, and message boards.
5. Master*Board™ and its affiliates do not control the information available on the message boards and chat rooms. Any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of the respective authors who are solely liable for their content. Master*Board™ and its affiliates reserve the right, in their sole discretion, to edit or remove any material from the message boards.
6. Further, Master*Board™ reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. Master*Board™ shall not be liable to You or any third party should Master*Board™ exercise its right to modify or discontinue the Service.
7. Copyright Agent. In compliance with 17 U.S.C. 512, Master*Board™ has designated an agent to receive notifications of claimed infringement by any material located on the Master*Board™ Web site. If You wish to notify Master*Board™ of any such claimed infringement, contact Master*Board™ by email at: Info@Master-board.com, by phone (818)-773-5777, or by postal address at 9800-D Topanga Canyon Blvd. #304, Chatsworth, CA 91311.
C. RULES OF ONLINE BEHAVIOR:
You agree to the following terms and conditions:
1. When posting to the Master*Board™ forums, you are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, transmitting or linking to other Web sites that contain material which:
a. Is unlawful, defamatory, fraudulent, libelous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene material;
b. would violate the privacy, publicity proprietary or other rights of any person or entity;
c. constitutes or promotes a criminal offense, or otherwise violate any local, state, national, or international law.
d. Contain corrupted files, viruses, Trojan horses, worms, time bombs or any other harmful contaminating, or destructive features.
e. Contain contests, pyramid schemes, chain letters, junk mail, spamming or flaming;
f. Advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and services. Use of Master*Board™ for advertising or promotion of a commercial product or service without the express, written consent of Master*Board™ is prohibited.
2. You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given You express consent to copy and redistribute online or otherwise, may be uploaded to Master*Board™, including any software files or libraries.
3. You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including but not limited to names, email addresses, passwords, usage information without their consent.
4. You are prohibited from stalking or harassing others. You are further prohibited from creating a user id to creating a false identity for the purpose of misleading others of Your identity or to impersonate another person.
5. You may not attempt to gain unauthorized access to, tamper with, modify, or hack the Service.
6. Information and materials which You find published on Master*Board™ may be the property of Master*Board™ or an Information Provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
7. You may not violate any applicable law or regulation of any relevant jurisdiction.
D. POLICY FOR MEMBERS UNDER 18 YEARS OF AGE:
1. If You are under 18 years of age, You must have parental consent to use this Service.
III. MEMBER REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT:
A. You warrant that all material that You submit for publication or posting on Master*Board™ will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. You grant Master*Board™ a non-exclusive, irrevocable, right to copy, display, sublicense, transmit, and create derivative works to, the information or materials You have published or posted on, or distributed through the Service. Master*Board™ reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that You submit or enter onto Master*Board™, including but not limited to electronic message boards, databases, and software libraries. You agree that You will not hold, nor seek to hold, Master*Board™ liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but limited to any copyright or moral right) to which You claim ownership.
B. You acknowledge and agree that neither Master*Board™ nor its third party service providers endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Master*Board™ and its third party service providers do not pre-screen content, but that Master*Board™ and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Service. Master*Board™ does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Master*Board™ be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.
C. Any links included within the Service may permit You to leave the Master*Board™ web site. You acknowledge that these linked sites are not under the control of Master*Board™ and Master*Board™ shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. Master*Board™ is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site.
D. If ordering merchandise and/or services from anyone other than Master*Board™, through any commercial service accessible via Master*Board™, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between You and the seller of the merchandise or services. You are solely responsible for fulfilling any contractual/e-commerce or other obligations You assume using the Service. Master*Board™ makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
E. You acknowledge that Master*Board™ has the right to archive or delete any of Your personal messages on Master*Board's service, which are older than 6 months.
F. You acknowledge that Master*Board™ does not represent or warrant the Service will be uninterrupted or error-free, that defects will be corrected.
G. You acknowledge and agree that Master*Board™ shall retain all title, copyright and other proprietary rights in its software and all aspects of the Service. You shall not acquire any rights, express or implied, in the Service, other than those specified in this Agreement.
IV. PRIVACY POLICY:
Master*Board™ may collect and disclose data in accordance with the Master*Board™'s Privacy Policy located at http://www.master-board.com/policy.html. You expressly consent to any use or disclosure of Your personal identification and other personal information in accordance with the Privacy Policy. Due to the existing legal and regulatory environment, Master*Board™ cannot ensure that Your personally identifiable information or Your private communications will not be disclosed to third parties. By way of example (and without limiting the foregoing), Master*Board™ may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, Master*Board™ can (and You hereby authorize Master*Board™ to) disclose Registration Data or any information about You to law enforcement or other government officials as Master*Board™, in its sole discretion, believes necessary or appropriate. Therefore, Master*Board™ does not promise, and You should not expect, that personally identifiable information or private communications will always remain private.
V. TERMINATION:
Master*Board™ may terminate Your account if it believes, in its sole discretion, that You have violated any of the Rules of Online Behavior. Master*Board™ may also immediately terminate Your membership and right to use the Service if (a) You breach this Agreement, (b) Master*Board™ is unable to verify or authenticate any information You provide to Master*Board™, (c) such information is inaccurate, (d) Master*Board™ decides, in its sole discretion, that You have abandoned Your account or (e) Master*Board™ decides, in its sole discretion, to discontinue offering the Service. Master*Board™ shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (a) discontinue use of the Service; (b) cancel Your account as provided in Section II; and (c) notify Master*Board™ of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases.
VI. NO REPRESENTATION OR WARRANTIES:
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Master*Board™ SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO Master*Board™ OR ANY INFORMATION OR SOFTWARE THEREIN. Master*Board™ MAKES NO WARRANTY THAT THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Master*Board™, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VII. LIMITED LIABILITY:
IN NO EVENT SHALL Master*Board™, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, HOWEVER CAUSED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF Master*Board™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER Master*Board™ SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Master*Board™ WILL NOT BE LIABLE FOR THE CONDUCT, ADVICE OR STATEMENT OF OTHER MEMBERS, ADVERTISER OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. [IN NO EVENT SHALL Master*Board™'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VIII. INDEMNIFICATION:
You agree to indemnify and hold Master*Board™, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to (i) Your use of the Service, including any content provided under Your account; (ii) any breach of Agreement, including any abusive or unlawful behavior on the part of You or Your dependents; or (iii) breach of any warranty or representation.
IX. MODIFICATION OF AGREEMENT:
Master*Board™ may amend this Agreement at any time by (i) posting a revised Master*Board™ Terms of Service document on the Master*Board™ web site, and/or (ii) sending information regarding the Agreement amendment to the email address You provide to Master*Board™. You are responsible for regularly reviewing the Master*Board™ World Wide Web site to obtain timely notice of such amendments. Any continued use of the Software or Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms. Otherwise, this Agreement may not be amended except in writing signed by both parties.
X. ENTIRE AGREEMENT:
GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of California, USA, without reference to its conflicts of laws principles and any dispute arising hereunder shall be submitted to state and federal courts in California and You consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Master*Board™'s failure to act with respect to a breach by You does not waive Master*Board™'s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Master*Board™ shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Master*Board™'s reasonable control. Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail the email address provided by You during registration. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
