1. You understand that Photoboard does not control, and is not responsible for ads, directory information, business listings/information, messages between users or other means of electronic communication, whether through the website or another third party website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the website and the service ("Content"), and that by using the website and the service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Photoboard be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed or otherwise made available via the service. You acknowledge and agree that Photoboard cannot and does not approve any Content, but that Photoboard has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the service, for violating these Terms and such violation being brought to Photoboard’s knowledge or for any other reason or no reason at all. Furthermore, the website and Content available through the website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Photoboard. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Photoboard makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Photoboard disclaims all liability thereto.
2.You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload or otherwise make available via the service. In connection with such Content posted on, transmitted through, or linked from the service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the website, have the necessary licenses, rights, consents, and permissions to use such Content on the service and website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Photoboard to use such Content to enable inclusion and use of the Content in the manner contemplated by the service, the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the service, the website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the website, you hereby grant to Photoboard an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the website and Photoboard's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Photoboard in order to host and display your Content. Furthermore, by you posting Content to any public area of the service, you agree to and do hereby grant to Photoboard all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the service or website by any party for any purpose. You also hereby grant each user of the website a non-exclusive license to access your Content through the website. The foregoing license to each user granted by you terminates once you or Photoboard remove or delete such Content from the website.
3.Photoboard does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Photoboard expressly disclaims any and all liability in connection with user Content. Photoboard does not permit copyright infringing activities and infringement of intellectual property rights on the website, and Photoboard may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Photoboard reserves the right to remove any Content without prior notice. Photoboard may also terminate a user's access to the website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. Further, at its sole discretion, Photoboard reserves the right to decide whether any Content is appropriate and complies with these Terms.
You are a valued customers, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways.
You authorize us to charge your account for Photoboard fees. Any such fees paid hereunder are non-refundable in the event any content is removed from the service for violating these terms.
You agree we may moderate Photoboard access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, omission, verification, and/or access/account/license termination. You agree not to bypass said moderation, 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. prohibited, are incorporated herein.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW PHOTOBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PHOTOBOARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. PHOTOBOARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTOBOARD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
This website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the website and use the service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Photoboard prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Photoboard. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Photoboard.
Photoboard user has the right to demand the removal or deletion of the user’s own ads from the website. Photoboard will be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 48 hours.
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify us for notice of claims of copyright infringement at firstname.lastname@example.org
Please provide our Agent with the following notice, which shall include each of the following: