Terms of Use

HOOTBOARD TERMS OF USE
Last Updated December 4, 2014.

Welcome to HootBoard! By accessing or using the HootBoard Website, you agree to be bound by these terms of use (“Terms of Use”). The HootBoard service is owned and controlled by HootBoard, LLC. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use HootBoard.

Your use of HootBoard is also governed by our Privacy Policy, which you may access by clicking here.

Basic Terms

You are responsible for your use of the HootBoard services, for any content you post to HootBoard, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of HootBoard and through third-party services and Websites. You should only provide content that you are comfortable sharing with others under these Terms of Use.

You may use the HootBoard services only if you can form a binding contract with HootBoard and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms of Use and using HootBoard on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use HootBoard only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

The services that HootBoard provides are always evolving and the form and nature of the services that HootBoard provides may change from time to time without prior notice to you. In addition, HootBoard may stop (permanently or temporarily) providing the services (or any related features) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You own all of the content and information you post on Public Boards on HootBoard, and you can control how it is shared through your privacy settings. In addition:

  • For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, display and modify any IP content that you post on or in connection with HootBoard (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you publish content or information to a Public Board, it means that you are allowing everyone, including people off HootBoard, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions about HootBoard, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Ownership of IP Content you post to Private Boards, for instance a Private Board run by a company or organization, works a little differently. While you are still a member of that Private Board, you retain all the rights to that IP Content outlined above just as if it were a Public Board – you may edit it, delete it, and share it accordingly. However, once you leave that organization’s Private Board, such as in the case of your termination or resignation from a company, ownership of your IP Content is transferred to that entity that operates that particular Private Board. The idea here is that any contribution you make to a Private Board for the good of a company or an organization stays with that entity. Users who remain on the entity’s Private Board may still access any IP Content you had posted to the Private Board prior to your departure, and the entity’s Private Board administrator may control the disposition of that IP Content.

HootBoard’s Intellectual Property

The HootBoard Website and its entire content, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by HootBoard and its licensors, and are protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use HootBoard only for your or your company’s use. The HootBoard service allows you to re-Hoot, download, and distribute any content or event posted to a Public Board. The HootBoard service allows you only to download any content or event posted to a Private Board. By subscribing to a Private Board, you agree to download such content for your own personal or professional use and that you will not distribute the content to those not authorized to see it on the Private Board.

In addition to the foregoing, you must not:

  • Modify copies of any content from this Website unless you are authorized to do so by the owner of the content.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The HootBoard name, the term “Hoot” and “re-Hoot”, the HootBoard logo as well as all related names, logos, product and service names, designs and slogans are trademarks of HootBoard. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyrights

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using HootBoard that are reported to us via email to support@hootboard.uservoice.com.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through
HootBoard by completing the following DMCA Notice of Alleged Infringement and delivering it to us via the email address provided above. Upon receipt of the Notice as described below, we will take whatever action we deem appropriate, in our sole discretion, including removal of the challenged material from the Website. DMCA Notice of Alleged Infringement (“Notice”):

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Website where such reference or link may be found.
  • Provide your mailing address, telephone number, and email address.
  • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

Prohibited Uses

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content.

Content Boundaries. In order to provide the HootBoard services and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published on HootBoard. These limitations comply with legal requirements and make HootBoard a better experience for all users. We may need to change these rules from time to time and reserve the right to do so.

  • Impersonation. You may not impersonate others through HootBoard in a manner that does or is intended to mislead, confuse, or deceive others.
  • Private Information. You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
  • Violence and Threats. You may not publish or post direct, specific threats of violence against others.
  • Unlawful Uses. You may not use HootBoard for any unlawful purposes or in furtherance of activities considered illegal under either state or federal law. International users agree to comply with all local laws regarding online conduct and acceptable content.

Abuse and Spam. HootBoard strives to protect its users from abuse and spam. User abuse and technical abuse are not tolerated on HootBoard, and may result in permanent suspension. Any accounts engaging in the activities specified below may be subject to permanent suspension.

  • Serial Accounts. You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Terms of Use is cause for permanent suspension of all accounts.
  • Targeted Abuse. You may not engage in targeted abuse or harassment. Some of the factors that we take into account when determining what conduct is considered to be targeted abuse or harassment are:
    • if you are sending messages to a user from multiple accounts;
    • if the sole purpose of your account is to send abusive messages to others;
    • if the reported behavior is one-sided or includes threats
  • Malware/Phishing. You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
  • Spam. You may not use HootBoard for the purpose of spamming anyone.
  • Pornography. You may not use obscene or pornographic images in any Hoots,
    comments, messages, or your user profile.

Third Party Links

Hoots, comments, and messages may contain links to third-party websites or resources. You acknowledge and agree that HootBoard is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HootBoard of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Release of Liability for Content Posted to HootBoard

All content is the sole responsibility of the person from whom such content originated. We do not control, and are not responsible for user-submitted content and that by using HootBoard, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Likewise, we make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such content posted on, transmitted through, and available through HootBoard. You bear all risks associated with, the use and/or reliance upon any content,
and/or the representations made therein, and under no circumstances will we be liable in any way for 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 made available via HootBoard.

Registration and Account Security

HootBoard users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on HootBoard, or create an account for anyone other than yourself without permission.
  • You will not use HootBoard if you are under the age of 13.

We care about the security of our users. While we work to protect the security of your content and account, HootBoard cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Monitoring and Enforcing

We have the right to:

  • Remove or refuse to post any user content for any or no reason in our sole discretion.
  • Take any action with respect to any user content that we deem necessary or appropriate in our sole discretion, including if we believe that such user content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of HootBoard or the public or could create liability for HootBoard.
  • Disclose your identity or other information about you if notice is given pursuant to the copyright provision in this Terms of Use to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of HootBoard.
  • Terminate or suspend your access to all or part of HootBoard for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through HootBoard. YOU WAIVE AND HOLD HARMLESS HOOTBOARD AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOOTBOARD/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOOTBOARD OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is posted on HootBoard, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Termination

If we terminate your access to HootBoard or you choose to delete your account, your Hoots, comments, Re-Hoots, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your content), but those materials and data may persist and appear within HootBoard (e.g., if your Content has been re-shared by others and if you have sent any messages to other users).

Limitation of Liabilities and Disclaimer of Warranties

HOOTBOARD SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE AND NONINFRINGEMENT. IN ADDITION, WHILE HOOTBOARD ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. HOOTBOARD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES, AND ANY HOOTBOARD CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY HOSTING, ATTENDANCE AND/OR PARTICIPATION AT ANY HOSTED EVENT. YOUR SOLE AND EXCLUSIVE REMEDY
AGAINST HOOTBOARD FOR DISSATISFACTION WITH THE SERVICES OR ANY HOOTBOARD CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HOOTBOARD IN THE AGGREGATE FOR ANY CLAIMS UNDER THESE TERMS OR RELATED TO THE SERVICES IN ANY WAY IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

Indemnification

You agree to defend, indemnify and hold HootBoard, its affiliates, licensees, and service providers harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on HootBoard or those conducted on your behalf): (i) your content or your access to or use of HootBoard; (ii) your breach or alleged breach of these Terms of
Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by HootBoard in the defense of any claim. HootBoard reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HootBoard.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the HootBoard thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on HootBoard.

Your continued use of HootBoard following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Arbitration

If HootBoard has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary
Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and HootBoard agree otherwise, the arbitration will be conducted in the county where
HootBoard resides. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOOTBOARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous Provisions

  • Governing Law. These Terms shall be governed by the laws of the State of
    Delaware, without respect to its conflict of laws principles.
  • Entire Agreement.These Terms of Use constitute the entire agreement between you and HootBoard and governs your use of HootBoard, superseding any prior agreements between you and HootBoard.
  • Assignment. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of HootBoard. Any purported assignment or delegation by you without the appropriate prior written consent of HootBoard will be null and void. HootBoard may assign these Terms of Use or any rights hereunder without your consent.
  • Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.
  • Amendment. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third- party beneficiary rights.
  • Waiver.No waiver by HootBoard of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HootBoard to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.