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(hereafter "SampleBoard", "we", "our", "us" or "Website")
BY USING AND/OR VISITING THIS WEBSITE, INCLUDING ALL CONTENT AVAILABLE THROUGH THE SAMPLEBOARD.COM DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF SAMPLEBOARD'S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. The Website is available only to individuals who are at least 13 years old.
If you do not agree to any of these terms, then please do not use the SampleBoard Website.
It is important that all the information you give us when you register as a member or otherwise when you use the website is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times.
You are solely responsible for your use of our website and our services (and by using our website and services you agree to this and these terms). User posted content and user content created using SampleBoard's services does not represent the views, opinions and beliefs of SampleBoard, nor are they under the control of SampleBoard. SampleBoard makes no claim of accuracy of user posted content. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or created by you or any other user of our website.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Without limiting the foregoing, you agree that you will not use SampleBoard to take any of the following actions:
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
SampleBoard does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SampleBoard will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
If you create a board, comment on a board, post, upload or import material to SampleBoard, post links on SampleBoard, or otherwise make (or allow any third party to make) material available by means of SampleBoard (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes textor images. By making Content available, you represent and warrant that:
By submitting Content to SampleBoard for inclusion on your moodboard, you grant SampleBoard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your moodboard. If you delete Content, SampleBoard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SampleBoard has the right (though not the obligation) to, in SampleBoard's sole discretion (i) refuse or remove any content that, in SampleBoard's reasonable opinion, violates any SampleBoard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SampleBoard's sole discretion. SampleBoard will have no obligation to provide a refund of any amounts previously paid.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not SampleBoard. SampleBoard cannot give you authorization to use the copyrighted images. We cannot guarantee that the SampleBoard Service will not locate unintended or objectionable content and SampleBoard accepts no responsibility or liability for the content of any site included in any SampleBoard item or moodboard, or otherwise linked to by the SampleBoard services, or for your use of such content.
We reserve the right to remove any material or posting you make on our website for any reason or purpose if, in particular, in our opinion, such material does not comply with the content standards set out in our Terms of Service.
At SampleBoard we sell our subscription plans ("Upgrade") using the monthly and annual subscription model. We also give users a 14-day free trial to try out all plans before committing to a subscription model. The responsibility falls on the user to use the 14-day free trial to understand the benefits of the different plans prior to committing to a subscription model.
Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date").
As long as you are on a SampleBoard subscription plan or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
On suspension of a users account, due to lack of funds, the subscription plan will be cancelled without prior warning. No loss of work will be held accountable by us due to suspension of such account and no refund will be provided.
Unless you cancel your account before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such a subscription using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time in the My Profile section of your site's dashboard.
We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. It is the users responsibility to maintain their subscription plan. If for any uncertain reasons the user does not make use of the services offered, the user may cancel their account to avoid further charges.
SampleBoard may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SampleBoard.com account you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a subscription plan, such account can only be terminated by SampleBoard if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SampleBoard's notice to you thereof; provided that, SampleBoard can terminate your account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
On termination of an account, we may remove any of your designs, and uploaded images and related data and files from our Website and any other storage.
As SampleBoard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SampleBoard.com violates your copyright, you are encouraged to notify SampleBoard in accordance with the Digital Millennium Copyright Act ("DMCA") Policy.
SampleBoard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SampleBoard will terminate a user's access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of SampleBoard or others. In the case of such termination, SampleBoard will have no obligation to provide a refund of any amounts previously paid to SampleBoard.
If you believe your intellectual property rights have been infringed in any way please email [email protected].
This Agreement does not transfer from us to you any SampleBoard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SampleBoard. SampleBoard, the SampleBoard.com logo, and all other trademarks, service marks, graphics and logos used in connection with SampleBoard.com, or the Website are trademarks or registered trademarks of SampleBoard or SampleBoard's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SampleBoard or third-party trademarks.
The technology and the software underlying our sites and the Services is the property of SampleBoard. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
The Website is provided "as is". SampleBoard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SampleBoard nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will SampleBoard, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SampleBoard under this agreement during the twelve (12) month period prior to the cause of action. SampleBoard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the SampleBoard Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless SampleBoard, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
SampleBoard reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SampleBoard may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
