eBoard.com User Agreement

1. Terms of use
   1. This user agreement (the "Agreement") constitutes your agreement as a user (a "user") with eBoard.com, Inc. ("eBoard") with offices at 516 East 8th Street, Ocean City, NJ 08226 with respect to User's use of eBoard (the "Service"). User must agree to abide by all of the terms and conditions contained in the Agreement in order to become or remain an authorized user of the Service.
   2. eBoard reserves the right to change, modify, add or remove portions of this Agreement at any time and for any reason. Notification of such changes will be posted on the Service. eBoard may ask user to accept the terms of such changes to continue using the Service.
   3. IF THE AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO USER OR CAUSE USER TO NO LONGER BE IN COMPLIANCE WITH THE AGREEMENT, USER MAY CANCEL ACCOUNT BY SENDING E-MAIL TO support@eboard.com. USER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS AND CONDITIONS, WILL CONSTITUTE A BINDING ACCEPTANCE BY USER OF SUCH CHANGES OR MODIFICATIONS.
   4. eBoard may modify, terminate or suspend any aspect of the Service or user's account at any time and for any reason without prior notice. eBoard may also impose limits on User's use of the Service or restrict User's access to part or all of the Service without notice or liability. eBoard reserves the right (but has no obligation) to remove from public view or delete any Content on eBoard Services, for any reason, at eBoard's sole discretion. Notwithstanding the above, under no circumstances will eBoard be liable for any errors or omissions, or any loss or damage of any kind, incurred as a result of the use of any Content on eBoard Services.
   5. eBoard may monitor User's use of the Service, and use or disclose any information gathered as part of such monitoring, to satisfy any law, regulation or other government request, and to operate the Service properly and efficiently. eBoard has no obligation to monitor the Service. eBoard may, in its sole discretion, develop and use consumer research based on User's use of the Service. All marketing information shall be subject, in all cases, to compliance with the applicable laws, regulations and rules, as may be amended from time to time.
   6. User shall not transfer Users account. User shall be fully responsible for use of User's account by such authorized third parties, and for any consequences if such an individual misuses the Service, violates this Agreement, or accesses material or information which User feels is obscene or otherwise objectionable. User agrees to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of the Service is subject to the terms and conditions hereof.
   7. Visitors Under 13: You must be at least 13 years old in order to register for eBoard. If you are under 13 years of age, please do not send any information about yourself, including your name or e-mail address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
2. Content Published through the Service
   1. All materials published through the Service (including, but not limited to postings, messages, e-mail, articles, photographs, images, graphics, audio clips and video clips, ("the Content") are protected by copyright and other intellectual property laws. User shall abide by all copyright or other notices, information, or restrictions appearing in conjunction with any Content published through the Service.
   2. User may download Content published through the Service for personal, noncommercial use only, provided that User shall maintain all copyright and other notices contained in such Content. User agrees and acknowledges that he or she shall not copy or store any Content for other than personal, noncommercial use without obtaining prior written permission from the copyright holder.
   3. User shall not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce or create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content published through the Service, in whole or in part.
   4. Community Standards. eBoard uses the term "Community Standards" to describe the rules governing acceptable behavior by users of the Service and acceptable content posted to the Service by users. User is individually responsible for any messages, images, text, links, web pages or other content ("Content") posted on or through the Service. As noted above, it is up to User to secure the rights or to obtain permission from the copyright holder prior to posting or transmitting any Content on or through the Service.
      User will respect the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy, the right not to be slandered, libeled or harassed. User will not use eBoard Services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. User will not use eBoard Services to conduct any business or activity, or solicit the performance of any activity that is prohibited by applicable law. Note that the law as to jurisdiction of online services is unsettled, and that User may be affected by laws in other jurisdictions outside eBoard's or User's own locality.
      User will not upload, post, distribute or transmit Content on or through the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive to an average person. User shall comply with all applicable laws (including trademark and copyright laws) , rules and regulations in connection with the use of the Service, and not to engage in any act that adversely impacts the performance or availability of the Service or distribute any computer virus or other harmful component or corrupted data.
   5. eBoard does not endorse any opinions published by any User through the Service. User acknowledges and agrees that any Content submitted by User to be published through the Service may be edited, removed, modified, transmitted, reproduced or displayed by eBoard. User waives all rights and claims against eBoard for any infringement of any proprietary rights, rights of privacy or publicity, moral rights, or other rights of any person or entity for use of the submitted Content by eBoard, its User or any other person or entity. User acknowledges and agrees that no confidential, fiduciary, contractually implied or other relationship is created between User and eBoard by this Agreement or use of the Service. eBoard shall not be responsible for the payment of any fees to any party in connection with any use of the Content submitted to the Service through User's account.
3. Use of the Service
   1. User acknowledges and agrees that use of the Service is solely for personal, noncommercial use. User shall not, without the express approval of eBoard, distribute or publish any Content containing any solicitation of funds advertising or solicitation for goods or services, or to services which are competitive with eBoard and the Service.
   2. eBoard does not and cannot review all Content submitted to the Service by User and is not responsible for the content of such Content. eBoard reserves the right to delete, move, or edit Content that eBoard, in its sole discretion, deems to be in violation of the law (including trademark and copyright law), abusive, defamatory, obscene, which could expose eBoard to civil or criminal liability, or which is otherwise unacceptable. User is solely responsible for the Content transmitted through the Service from User's account.
   3. eBoard shall not be responsible for, and shall have no liability for, the security or integrity of any sensitive or confidential information, data, or Content transmitted or published through the Service, including, but not limited to, User credit card information. The transmission of such sensitive or confidential information and Content is, as between User and eBoard, at User's own risk.
   4. User shall notify eBoard of any known or suspected unauthorized use(s) of User's account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's account information. In addition, User shall notify eBoard of any known or suspected breach of the provisions of this Agreement by another User or person. eBoard will thereupon investigate such claim within its sole discretion, and may take such action, including without limitation suspension of the subject account or removal of violative material, as eBoard may deem necessary in its sole discretion pending resolution of the dispute. In general, User should contact eBoard by e-mail at support@eboard.com with any problem with or question regarding the Service.
   5. By posting messages, uploading files, inputting data, or engaging in any form of communication in or through the Service, User is granting to eBoard a perpetual, unrestricted license to use, copy, modify, adapt or document (in connection with providing, promoting, distributing or otherwise exploiting the Service) any communication, information or any underlying work in which User may possess proprietary rights, including but not limited to copyright, trademark, service mark or patent rights. User shall have no recourse against eBoard for any alleged or actual infringement of any proprietary rights to which User may claim ownership. eBoard or its suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service. eBoardıs ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. User may not reproduce any sequence of messages from the Service without eBoard's permission. In addition, User may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which eBoard or its suppliers own, or (ii) any service, information or materials supplied by a third-party content provider and which User may access through the Service.
4. Representations and Warranties
   1. User represents and warrants (a) that the Content submitted through User's account or eBoard's use thereof in accordance with the terms and conditions of this Agreement, shall not (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contractual or other personal or proprietary rights; or (ii) contain libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, threatening or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) cause injury of any kind to any person or entity, or (v) violate any applicable laws, rules, regulations or other governmental regulations.
   2. USER'S USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK. THE SERVICE PROVIDED BY EBOARD IS PROVIDED "AS IS". EBOARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY OR USEFULNESS OF ANY CONTENT OR OTHER MATERIALS PUBLISHED OR OTHERWISE PROVIDED THROUGH THE SERVICE. EBOARD SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, CONTENT, OR ANY OTHER MATERIALS PROVIDED THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS THAT IS A DIRECT OR INDIRECT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF EBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. UNLESS MADE AWARE OF SUCH CONTENT PURSUANT TO THIS AGREEMENT, EBOARD EXERTS NO EDITORIAL CONTROL OVER CONTENT ON THE SERVICE, PORTIONS OF WHICH MAY BE CONSIDERED ABUSIVE, DEFAMATORY, OBSCENE OR OTHERWISE OFFENSIVE, OR WHICH MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND IN NO EVENT SHALL EBOARD BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY SUCH CONTENT ACCESSED THROUGH THE SERVICE.
5. Indemnification User agrees to defend, indemnify and hold eBoard and its affiliates and subsidiaries harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by User, or in connection with the use or misuse of the Service or User's account, or the transmittal of Content or other materials through the Service using User's account. User shall cooperate as fully as reasonably required in the defense of any claim. eBoard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
6. General
   1. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the principles of conflicts of laws thereof. Each of the parties irrevocably submits to the jurisdiction of any federal or state court located in New Jersey in connection with any claims or disputes arising under this Agreement.
   2. User agrees that all activity herein will abide by any applicable local policies, including, but not limited to, the District Computer Network/Acceptable Use Policy and the District Code of Conduct.
   3. All correspondence should be sent via postal delivery to: Seacliff Associates, LLC, 516 East 8th Street, Ocean City, NJ 08226.