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Terms of Use Agreement

Legal Notice

BY ENTERING AND USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.

GENERALLY

Terms and Modifications

PogoBoards.com (this "Site") may change, suspend or discontinue any aspect of this Site at any time. We may modify these Terms of Use at any time, and such modifications shall be effective immediately upon either notifying you or posting the modified Terms of Use. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your acceptance of the modified Terms of Use. Your use of this Site is conditioned upon the Terms of Use in force at the time of your use.

Registration

Access to some of the content, services and features on this Site requires users to register using the form provided. Registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address and phone number. If you are under the age of 18, you may use PogoBoards.com only with involvement of a parent or guardian. Our use of personally identifiable information is governed by the terms of our Privacy Policy. You represent that the information you have provided on the form is true, accurate, current and complete, and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Use.

Passwords

You are responsible for maintaining the confidentiality of any usernames or passwords issued to you for your use of or access to this Site. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  We reserve the right to delete or change any username or password at any time and for any reason.

USE OF THIS SITE

Our Intellectual Property

This Site is owned by us and is protected by copyright, trademark and other intellectual property laws. Unauthorized use of this Site or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. You may establish a hyperlink to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site or incorporate into another website or other service any of our intellectual property.

Content Submitted by You (“Submissions”)

“Submissions" means all content or materials you submit to PogoBoards.com.  In sending or posting the material, you are representing and agreeing that:

  • You are the author of the Submission or that you are making the Submission with the express permission of the author/owner.
  • The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity.
  • You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, create derivative works from, distribute and or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed.  You may terminate our right to distribute and or display your Submission by making it no longer shared in the Community Folders (shared or global) of the Site.
  • You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content.
  • You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content-related claims including libel, invasion of privacy, misappropriation of likeness and disclosure of confidential information.
  • You shall indemnify, defend and hold us and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred by those indemnified in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to the content or your Submissions.
  • PogoBoards.com grants you a royalty-free, non-exclusive, worldwide license to view, print, distribute, download and display Submissions shared by other users with you via the Site or that other users make publicly available via the Site through the Community Folders (shared or global), subject to the following:  You may not sell, rent, lease or license these Submissions to others; You may not remove any copyright, watermark, trademark or other proprietary notices contained in any Submissions found on the Site; Your rights are limited to your personal, clinical, instructional, informational or therapeutic uses only; You grant other users a royalty-free, non-exclusive, worldwide license to view, print, distribute, download and display your shared Submissions.  If you do not wish to grant these rights, then do not share your Submissions with other users or make them publicly available via the Site through the Community Folders (shared or global).  While you have the ability to remove your Submissions from the Site and Community Folders (shared or global) and prevent future licenses from being granted, you acknowledge and agree that once your Submission has been shared, PogoBoards.com can neither monitor nor control what other users do with that Submission.
  • We have the right to disclose any information that we believe necessary to comply with any law, regulation or governmental request or that information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

Online Conduct

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the Submissions that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any Submissions sent to the Site.  Any action by a user that infringes on another user's right to use and enjoy this Site is prohibited.  We reserve the right to suspend or terminate your access to and use of this Site if, in our view, your conduct fails to meet any of our guidelines. We also reserve the right to change these terms at any time. It is a condition of your use that you do not:

  • Include any information that is false, misleading or inaccurate.
  • Use the Site for any unlawful purpose or to transmit any material that contains a virus.
  • Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property.
  • Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.
  • Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  • Use any portion of the Site for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  • Attempt to interfere with any other person's use of the Site.
  • Misrepresent your identity or impersonate any person.
  • Hold yourself out as sponsored by, endorsed by, or affiliated with us.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or in connection with the Site.

To register a complaint about another user's conduct, please send a message to us at info@pogoboards.com.

Online Commerce

Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy or quality of items purchased from them. You should review third party’s practices and policies prior to purchasing items as their practices and policies may differ from ours.  When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing.  You are financially responsible for all purchases made by you or someone using your account. 

Links to Other Sites

Any links from this Site to other websites are provided for your information and convenience only.  We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site).  We do not review or monitor such links.  A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.


DISCLAIMER

THE MATERIALS IN THIS POGOBOARDS.COM SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE POGOBOARDS.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE POGOBOARDS.COM SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE POGOBOARDS.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE POGOBOARDS.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE POGOBOARDS.COM SITE.

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and require that people who use the Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us at the address listed below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Pogo Boards

323 West 2nd Street

Cedar Falls, IA 50613

 

Pursuant to 17 U.S.C. Section 107, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Google image searching and The Library of Character/Logo Symbols contained in the PogoBoards.com application is included free of charge, may be used solely for communication and educational purposes and may not be sold, copied or otherwise exploited for any type of profit.

PogoBoards.com is making such material available to Licensee free of charge in PogoBoards.com’s efforts to help individuals with communication difficulties, low-level and non-readers easily understand text and improve literacy and communication. Accordingly, such material may be used solely for communication, literacy and teaching purposes and may not be sold, copied or otherwise exploited for profit.

 

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the PogoBoards.com Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to the PogoBoards.com Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.

 

RETURN/REFUND POLICY

All transactions are final.

 

Copyright PogoBoards.com. All rights reserved.

 

 

 


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