PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY POSTERBOARD. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MOBILE APPLICATION AND THE WEBSITE, SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY POSTERBOARD (COLLECTIVELY WITH THE APPLICATION, THE "SERVICE").
Acceptance of Terms
By registering for and/or using the service in any manner, you agree to all of the terms and conditions contained herein ("Terms and Conditions"), which also incorporate Posterboard’s Privacy Policy. These Terms of Use apply to all users of the service, including, without limitation, users who are contributors of content, information, and other materials or services on the applications, individual users of the service. If you do not agree to any of these terms, you may not use the Service.
We may revise these terms of service at any time. It is your responsibility to frequently review this agreement and remain informed about any changes. By continuing to use Posterboard, you consent to any changes in these terms.
Access
Subject to these Terms of Use, Posterboard may offer to provide the services, as described more fully on the website, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Posterboard performs for you, any applications or widgets offered by Posterboard that you download from the application or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Posterboard, as well as the offering of any materials displayed or performed on or through the services (content). POSTERBOARD HAS NO RESPONSIBILITY FOR PHOTOS POSTED. The user accepts all responsibility for any and all information that they choose to upload, email, transmit or otherwise make available through the website or any associated forums.
You acknowledge and agree that Posterboard may preserve Content and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms and Conditions or to protect itself, its users and/or the public. Posterboard has no obligation to monitor the application, service or content.
By continuing to browse and make use of the services provided by Posterboard, you agree that you will not:
- Violate the terms of this agreement, or any applicable laws or regulations
- Use any information obtained through Posterboard, including third party content, for unauthorized, commercial or illegal purposes, including those specified in this agreement
- Damage or interfere with the normal operations of Posterboard, its officers, directors, shareholders, agents, employees, or consultants
- Store, distribute, or sell information contained within our website, including but not limited to photographs, personal information from other users, or information provided by third parties without direct consent from all parties involved, and except for purposes permitted by Posterboard
- Upload, email, transmit or otherwise make available content that is unlawful, harmful, threatening, hateful, obscene, invasive of another user or entity’s privacy, unsolicited advertising (including ‘spam’) or that infringes on another individual’s or entity’s patent, trademark, copyright or other proprietary agreement, as determined at the sole discretion of Posterboard
- You will not collect users' content or information, or otherwise access Posterboard, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Posterboard’s permission
- Assist or encourage any third party in doing any of the above
- You will not access an account belonging to someone else
- You will not post any content that is threatening, abusive, unlawful, harassing, deceptive, fraudulent, obscene, vulgar, offensive, profane or otherwise inappropriate as determined by Posterboard
- You will not post any content that violates or infringes someone else’s rights, or otherwise violates the law
- You will not impersonate any person or entity on Posterboard
- You will not modify, translate, or otherwise or otherwise create derivative works of any part of the application
Termination of Access
Posterboard reserves the right to remove, suspend, edit or modify any content, password or account in its sole discretion. This includes user submissions and may occur at any time, without notice to you and for any reason at the discretion of Posterboard. You agree that that Posterboard will not be liable to you or to any other person as a result of any such suspension or termination.
Grant of Rights
By contributing to Posterboard, you give (or warrant that the owner of such rights has expressly given) to Posterboard and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your content. You further agree that Posterboard is free to use any ideas, concepts, know-how, or techniques contained in any of the content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
Moral Rights Waiver
You irrevocably waive your moral rights with respect to your Content in connection with our exploitation of the rights granted to us in these Terms.
Uploaded Content
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the content. Posterboard cannot guarantee the authenticity of any content, which users provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
The service contains content specifically provided by Posterboard or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the service.
You shall not sell, license, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.
User Submissions
By submitting information on the application or otherwise through the service you grant Posterboard a worldwide, non-exclusive, royalty free, sub-licensable, fully paid and transferable right to use, copy, edit, modify, distribute, and display the user submission. User submissions may be used in connection with promoting the application or in the service of other media formats including third party websites and feeds.
When you delete content, you understand that it may persist in backup copies for a reasonable period of time, however this will not be available to others on the application.
You understand that all information posted publicly or privately transmitted through the application is the sole responsibility of the person from whom the content originated. Posterboard is not liable for such content and cannot guarantee the identity of any other users with whom you may interact with on the application.
Third Party Sites and Services
Posterboard may permit you to link to other websites or resources on your application or through our website. When you access third party websites and resources you do so at your own risk. Other websites are not under the control of Posterboard, and you acknowledge that Posterboard is not responsible or liable for the content, functions, legality, appropriateness, or any other aspects of the website or service. You further agree that Posterboard shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods or services available through any such website or resource.
Third Party Clearances
You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Content, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Content to use his/her name and/or likeness.
Copyright
Posterboard owns the website www.posterboard.ca. All rights reserved. No material from the website may be copied, sold, edited, reproduced, republished, posted, transmitted, or distributed in any way. The use of any such material on any other web site, or the modification, distribution or republication of this material without prior written permission from the owners of Posterboard is strictly prohibited. Posterboard.ca may not be linked to any other website without the permission of Posterboard.
Trademarks
Domain names and logos are trademarks and are the property of Posterboard. These may not be copied, sold, copied, sold, edited, reproduced, republished, posted, transmitted, or distributed without explicit written consent from Posterboard unless the user is paying for Posterboard subscription. All other trademarks, company names, and logos are the property of their respective owners and are applicable to the trademark policies of those owners.
Fees and Payments
Access to Posterboard website is free for all users. Posterboard’s future iterations will allow subscription to users acess to the entire database of photos for various purposes.
Minors
The services provided by this website are available to all individuals who are at least 18 years of age. Use of these services by minors is prohibited. By registering an account with Posterboard for the purpose of utilizing the services provided therein, you concede that you are at least 18 years of age or have consent from parents/guardian incase you are a minor.
Liability
In no event shall Posterboard, its officers, directors, shareholders, agents, employees, or consultants be liable for any direct, indirect, incidental, general, or consequential damages resulting from the use of this website, or from the use of products or services obtained from this website. These damages may include but are not limited to loss of profits or intangible losses, alteration of user content, damage to property, or the improper actions of other Posterboard users, which arise in connection with our website, our services, the terms specified in this agreement, or in relation to third party transactions, including transportation to events, attendance and participation at events, or the actions of other users before, during, or after events.
Warranty Disclaimer
Save to the extent required by law, Posterboard has no special relationship with or fiduciary duty to you. You acknowledge that Posterboard has no control over, and no duty to take any action regarding which users gains access to the service; what content you access via the service; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
The service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Posterboard makes no representations concerning any content contained in or accessed through the service, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the service.
Posterboard makes no guaranty of confidentiality or privacy of any communication or information transmitted on the service. Posterboard will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on Posterboard's equipment, transmitted over networks accessed by the application, or otherwise connected with your use of the service.
Indemnification
You agree to defend, indemnify, and hold harmless Posterboard and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (1) use or misuse of the services or any person to whom you have granted access to the services, (2) your violation of any of these Terms of Use, or (3) any other activity related to your account (including negligent or wrongful conduct). Posterboard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Posterboard and its counsels in the conduct of such defense.
Previous Agreements
The terms outlined in the above agreement replace any existing or previous agreements between Posterboard, its users, and any third parties. By accepting these terms and continuing to use our website and services, users are bound by the terms outlined above.
(The Website Terms and Conditions were last updated on July 18th, 2011)
