ProBoards Terms of Service and What it all Means to You
Mar 28, 2016 14:06:50 GMT -6
UNDEAD1 likes this
Post by tomishereagain on Mar 28, 2016 14:06:50 GMT -6
Like any website Terms of Service Agreement when you become a member it 'Implies' that you have read and understand the regulations concerning the site.
This is Very Hard to understand sometimes.
This topic is here to allow us to take a look at what we agreed upon.
The entire ProBoards Terms of Service Agreement is at the Bottom of Every Page.
Here are some Highlights that might come into play during our normal community activities:
1. AGREEMENT
What this means is that by using the site, you agree to the regulations and policies described by ProBoards. It tells you that if you do not agree, you must stop using the site. Just by the fact that you are here, and logged in, it implies that you agree.
2. PRIVACY POLICY
This is here to include the Privacy Policy in the Terms of Service Agreement. The Privacy Policy also appears at the bottom of every page. We will look at it in detail in a different topic.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
This entry is telling you that ProBoards can change the Privacy Policy and Terms of Service Agreement whenever they want. It also tells you athat when they publish changes they are notifying you within the changes accessible at all times at the bottom of each page. They also say that it is YOUR responsibility to read the policies and agreements periodically and to stop using the site if you no longer agree.
Admins & Staff will try to keep you informed of these changes in our Rules of the Ouija Forum.
4. ELIGIBILITY
This is a legality disclaimer concerning consent. It limits membership to 13 years of age or older and tells you that this is a binding legal contract and warns that you must be legally bindable to use the site.
5. LICENSE
This is a protection of the ProBoards interface for ProBoards. It basically means that you cannot use ProBoards coding or stylesheets unless they give you permission.
6. RELIANCE ON THIRD-PARTY CONTENT
This is kinda important to us...
This is here to let you know that ProBoards is not responsible for anything you see on this site except for things they intend. In other words, if someone posts an article saying that something happened, ProBoards did not say it. If someone posts an opinion about something, ProBoards neither agrees or disagrees with such opinion. It isolates ProBoards from the content of GHOSTOWN.
7. ASSUMPTION OF RISK; RELEASE
ProBoards way of sayin USE AT YOUR OWN RISK.
Anything that happens to you from using this site is not ProBoards fault and you cannot sue them.
8. USER INFORMATION; PASSWORD PROTECTION
ProBoards is telling you that:
You need to keep your personal information accurate
Keep an eye on your Profile and keep it updated
Keep your Password to yourself
Nobody is permitted to sign in or post content on your profile except you.
With or without you knowing, if your profile violates ProBoards in any way - You, the profile holder are solely responsible and they can prosecute you.
9. YOUR INTERACTIONS WITH OTHER MEMBERS
The following is ProBoards baseline policy concerning member interactions, In addition to ProBoards policies, GHOSTOWN also has policies concerning member interactions.
GHOSTOWN specific policies can be read in Rules of the Summoning.
This is ProBoards way of sayng that they are not responsible for the people you meet, the things they post or the way they say it.
Its their way of saying - "We Are Not Accountable For The Way Other Members Treat You - EVER"
10. FORUM CONTROL; MEMBER DISPUTES
GHOSTOWN and its content is controlled by its staff. Issues with GHOSTOWN are to be directed to GHOSTOWN administrators, Not ProBoards. ProBoards is NOT Responsible for actions taken by GHOSTOWN staff.
Including Staff.
11. CONSENT TO RECEIVE EMAIL FROM PROBOARDS
12. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By becoming a member you agree to be allowed to be sent email.
13. FEES
This doesn't really apply to the Free Forum but can be read in entirety in the Terms of Service Agreement
14. THIRD-PARTY WEBSITES
This is kinda important to us.
Again, ProBoards is not responsible for the links you encounter here. It is important because if you post offending material, You alone are resonsible for the legal implications.
15. USER CONTENT
This means that if you post something on this public website it implies that you are giving ProBoards permission to use it.
If you do not want it available to everyone, don't post it.
16. PUBLIC FORUMS
Again, If you don't want your posts to be public, Don't post them on a public website!
17. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You are responsible for the things you post, Not ProBoards
18. OBJECTIONABLE CONTENT
This section lists the things that will get you removed from the community and possibly arrested. Offending posts/content will be deleted and ProBoards will side with the law.
This is a standard website disclaimer but you should read and understand this because it clearly states specific references. If you violate section 18 you will be removed from the community immediately without recourse. No Exceptions, No Warnings!
19. PROHIBITED USES
This is another Double-Bang. Violation of this policy will get you removed from the community immediately. If it slips thru before we can stop it, Proboards will persecute you.
Just don't do it.
20. INTELLECTUAL PROPERTY
This is covered in a different topic on Copyright.
21. DISCLAIMERS; LIMITATION OF LIABILITY
This is basically a statement of liability concerning you and ProBoards.
22. YOUR REPRESENTATIONS AND WARRANTIES
23. INDEMNITY BY YOU
24. GOVERNING LAW; JURISDICTION AND VENUE
Typical Legal stuff
25. TERMINATION
26. NOTICES
27. GENERAL
This is Very Hard to understand sometimes.
This topic is here to allow us to take a look at what we agreed upon.
The entire ProBoards Terms of Service Agreement is at the Bottom of Every Page.
Here are some Highlights that might come into play during our normal community activities:
1. AGREEMENT
By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and ProBoards' Privacy Policy
What this means is that by using the site, you agree to the regulations and policies described by ProBoards. It tells you that if you do not agree, you must stop using the site. Just by the fact that you are here, and logged in, it implies that you agree.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy.
This is here to include the Privacy Policy in the Terms of Service Agreement. The Privacy Policy also appears at the bottom of every page. We will look at it in detail in a different topic.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
PROBOARDS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY.
This entry is telling you that ProBoards can change the Privacy Policy and Terms of Service Agreement whenever they want. It also tells you athat when they publish changes they are notifying you within the changes accessible at all times at the bottom of each page. They also say that it is YOUR responsibility to read the policies and agreements periodically and to stop using the site if you no longer agree.
Admins & Staff will try to keep you informed of these changes in our Rules of the Ouija Forum.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
This is a legality disclaimer concerning consent. It limits membership to 13 years of age or older and tells you that this is a binding legal contract and warns that you must be legally bindable to use the site.
5. LICENSE
The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of ProBoards.
6. RELIANCE ON THIRD-PARTY CONTENT
This is kinda important to us...
PROBOARDS DOES NOT:
(I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR
(II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL PROBOARDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
(I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR
(II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL PROBOARDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
7. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY PROBOARDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PROBOARDS PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
Anything that happens to you from using this site is not ProBoards fault and you cannot sue them.
8. USER INFORMATION; PASSWORD PROTECTION
You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify ProBoards immediately of any unauthorized use of Your account, user name, or password. ProBoards shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ProBoards, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
You need to keep your personal information accurate
Keep an eye on your Profile and keep it updated
Keep your Password to yourself
Nobody is permitted to sign in or post content on your profile except you.
With or without you knowing, if your profile violates ProBoards in any way - You, the profile holder are solely responsible and they can prosecute you.
9. YOUR INTERACTIONS WITH OTHER MEMBERS
The following is ProBoards baseline policy concerning member interactions, In addition to ProBoards policies, GHOSTOWN also has policies concerning member interactions.
GHOSTOWN specific policies can be read in Rules of the Summoning.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROBOARDS MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT PROBOARDS HAS NOT, AND DOES NOT, IN ANY WAY:
(A) SCREEN ITS MEMBERS;
(B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR
(C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. PROBOARDS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL PROBOARDS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
(A) SCREEN ITS MEMBERS;
(B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR
(C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. PROBOARDS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL PROBOARDS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.
Its their way of saying - "We Are Not Accountable For The Way Other Members Treat You - EVER"
10. FORUM CONTROL; MEMBER DISPUTES
Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content
You agree to hold ProBoards harmless in connection with any dispute or claim You make against any other member.
11. CONSENT TO RECEIVE EMAIL FROM PROBOARDS
12. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By becoming a member you agree to be allowed to be sent email.
13. FEES
This doesn't really apply to the Free Forum but can be read in entirety in the Terms of Service Agreement
14. THIRD-PARTY WEBSITES
This is kinda important to us.
PROBOARDS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, PROBOARDS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PROBOARDS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
15. USER CONTENT
YOU HEREBY GRANT THE PROBOARDS PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE PROBOARDS PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PROBOARDS PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
If you do not want it available to everyone, don't post it.
16. PUBLIC FORUMS
You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same.
17. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable.
ProBoards is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
18. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that:
(a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;
(b) constitute child pornography;
(c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18;
(d) incite, encourage or threaten physical harm against another;
(e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;
(f) glamorize the use of hard core illegal substances and drugs;
(g) violate any provision of this Agreement or any other ProBoards agreement or policy, including without limitation ProBoards' Community Guidelines; or
(h) is generally offensive or in bad taste, as determined by ProBoards (collectively, "Objectionable Content").
(a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;
(b) constitute child pornography;
(c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18;
(d) incite, encourage or threaten physical harm against another;
(e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;
(f) glamorize the use of hard core illegal substances and drugs;
(g) violate any provision of this Agreement or any other ProBoards agreement or policy, including without limitation ProBoards' Community Guidelines; or
(h) is generally offensive or in bad taste, as determined by ProBoards (collectively, "Objectionable Content").
This is a standard website disclaimer but you should read and understand this because it clearly states specific references. If you violate section 18 you will be removed from the community immediately without recourse. No Exceptions, No Warnings!
19. PROHIBITED USES
You represent and warrant that you will not:
(a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to ProBoards or any other member;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising;
(e) modify or change the placement and location of any advertisement appearing on the Website;
(f) harvest or otherwise collect information about ProBoards users, including email addresses and phone numbers;
(g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(h) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding" "spamming," "mail bombing," or "crashing";
(k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ProBoards Parties in providing the Website or Services.
Any violation of this section may subject You to civil and/or criminal liability.
(a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to ProBoards or any other member;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising;
(e) modify or change the placement and location of any advertisement appearing on the Website;
(f) harvest or otherwise collect information about ProBoards users, including email addresses and phone numbers;
(g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(h) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding" "spamming," "mail bombing," or "crashing";
(k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ProBoards Parties in providing the Website or Services.
Any violation of this section may subject You to civil and/or criminal liability.
Just don't do it.
20. INTELLECTUAL PROPERTY
This is covered in a different topic on Copyright.
21. DISCLAIMERS; LIMITATION OF LIABILITY
This is basically a statement of liability concerning you and ProBoards.
(a) NO WARRANTIES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
(c) LIMITATION OF LIABILITY
(d) APPLICATION
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
(c) LIMITATION OF LIABILITY
(d) APPLICATION
22. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other ProBoards policies, and with any applicable laws or regulations.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
24. GOVERNING LAW; JURISDICTION AND VENUE
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.
25. TERMINATION
(a) By ProBoards
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROBOARDS RESERVES THE RIGHT TO, IN PROBOARDS' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROBOARDS RESERVES THE RIGHT TO, IN PROBOARDS' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ProBoards.
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ProBoards.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to ProBoards notice of Your intention to do so, in the manner required by this Agreement.
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to ProBoards notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, ProBoards may, but has no obligation to, in ProBoards' sole discretion, rescind any services and/or delete from ProBoards' systems all Your Personal Information and any other files or information that You made available to ProBoards or that otherwise relate to Your use of the Website or Services. Subsequent to termination, ProBoards reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, ProBoards may, but has no obligation to, in ProBoards' sole discretion, rescind any services and/or delete from ProBoards' systems all Your Personal Information and any other files or information that You made available to ProBoards or that otherwise relate to Your use of the Website or Services. Subsequent to termination, ProBoards reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If ProBoards, in ProBoards' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ProBoards will be entitled to recover from You as part of such legal action, and You agree to pay, ProBoards' reasonable costs and attorneys' fees incurred as a result of such legal action. The ProBoards Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
If ProBoards, in ProBoards' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ProBoards will be entitled to recover from You as part of such legal action, and You agree to pay, ProBoards' reasonable costs and attorneys' fees incurred as a result of such legal action. The ProBoards Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
(f) Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-8, 9-10, 14-27 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed ProBoards.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-8, 9-10, 14-27 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed ProBoards.
26. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. ProBoards shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to ProBoards. You agree that any notice received from ProBoards electronically satisfies any legal requirement that such notice be in writing.
This Agreement constitutes the entire agreement between ProBoards and You concerning Your use of the Website and Services.
Effective Date: October 22, 2015
You are probably asking why I created this topic like this?
It is our way of telling you that GHOSTOWN Shall be in accordance with ProBoard's Terms of Service at all times.
Actions taken by our staff will always default to this agreement.
It is our way of telling you that GHOSTOWN Shall be in accordance with ProBoard's Terms of Service at all times.
Actions taken by our staff will always default to this agreement.
Initial Version 1.0
March 28, 2016
tomishereagain
March 28, 2016
tomishereagain