Nottoboard helps you discover and do what you love. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
2. Using Nottoboard
You may use Nottoboard only if you can legally form a binding contract with Nottoboard, and only in compliance with these Terms and all applicable laws. When you create your Nottoboard account, you must provide us with accurate and complete information. You can’t use Nottoboard if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Nottoboard if you are over the age at which you can provide consent to data processing under the laws of your country. Using Nottoboard may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
3. Your content
Nottoboard allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Nottoboard is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Nottoboard.
You grant Nottoboard and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Nottoboard solely for the purposes of operating, developing, providing, and using Nottoboard. Nothing in these Terms restricts other legal rights Nottoboard may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Nottoboard, for any reason. This includes User Content that we believe violates these Terms
Following termination or deactivation of your account, or if you remove any User Content from Nottoboard, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Nottoboard and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Nottoboard
We value hearing from our users, and are always interested in learning about ways we can make Nottoboard more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Nottoboard doesn’t waive any rights to use similar or related feedback previously known to Nottoboard, or developed by its employees, or obtained from sources other than you.
4. Copyright policy
Nottoboard has adopted and implemented the Nottoboard Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws.
5. Security
We care about the security of our users. While we work to protect the security of your content and account, Nottoboard can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third party links, sites, and services
Nottoboard may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Nottoboard. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Nottoboard, you do so at your own risk and you agree that Nottoboard has no liability arising from your use of or access to any third party website, service, or content.
7. Termination
Nottoboard may terminate or suspend your right to access or use Nottoboard for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
8. Indemnity
If you use Nottoboard for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms, you agree to indemnify and hold harmless Nottoboard Inc, Nottoboard Europe Ltd, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
9. Disclaimers
Our Service and all content on Nottoboard is provided on an "as is" basis without warranty of any kind, whether express or implied.
Nottoboard specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Nottoboard takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nottoboard SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Nottoboard'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Nottoboard’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Nottoboard isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
11. Arbitration
For any dispute you have with Nottoboard, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Nottoboard account. If Nottoboard hasn’t 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 through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Nottoboard are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Nottoboard account.
12. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
13. General terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Nottoboard after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Nottoboard.