Terms of Service

Last revision: March 8, 2012

Please read these Terms of Service ("Terms") carefully as it contains terms and conditions that govern your use of all Hyperboards products, services, and websites (collectively referred to as "Services"). Hyperboards is also referred to in these Terms as "we", "our", and "us".

Acceptance

By using the Services, you agree to be bound by the Terms. You may not use the Services if you do not agree to the Terms. You may not use the Services and you may not agree to the Terms if you are not legally qualified or able to form a binding contract with Hyperboards under applicable law. To use the Services, you must be at least 13 years of age. If you are between the age of 13 and 18 years, then you affirm that you possess legal parental or guardian consent, and are fully able and competent to accept and agree to the Terms.

Forums

Individual forums utilizing our Services may also have their own rules. By accessing any such forum, you also agree to be bound by the terms and conditions of that forum, so long as they do not contradict these Terms and do not violate any applicable laws. You also agree that registration on individual forums is not guaranteed as each forum represents its own community that is managed and maintained by individuals not associated with Hyperboards.

Privacy

Hyperboards is committed to protecting your privacy. Please review our Privacy Policy as its terms are incorporated into, and form a part of, these Terms.

Conduct

You are soley responsible for all content you upload, download, and otherwise copy, distribute, and display using the Services, and you must have the legal right to do so.

You agree to refrain from:

  • using the Services for any unlawful or illegal purposes.
  • using the Services to post, upload, or otherwise transmit any material that is unlawful, illegal, an invasion of privacy, libelous, offensive, vulgar, pornographic, racist, abusive, menacing, threatening, or otherwise objectionable. The only exception is that mature content is allowed if "mature content" mode is enabled and Ad-free is active.
  • using the Services to post, upload, or otherwise transmit any material that infringes copyright, trade mark, patent, or other intellectual property rights.
  • using the Services to harm minors in any way, including, but not limited to posting, uploading, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13.
  • using the Services to post, upload, or otherwise transmit any material that could possibly cause harm to Hyperboards or anyone else's computer systems, including, but not limited to viruses, scripts, worms, data, or other harmful files or programs.
  • using the Services for commercial purposes that involve the reproduction, duplication, selling, reselling, or otherwise exploiting of the Services.
  • using 'ad-blocking' programs or scripts while using the Services, and to disable any such features built-in to your browsing device or software.
  • using HTML, JavaScript, or any other such means to disable or hide ads on any forum.

Monitoring Content

Hyperboards does not and is not obligated to control nor monitor any information, text, images, videos, files, data, or other materials (collectively referred to as "Content") you may post, upload, or otherwise transmit using the Services, and you acknowledge that you are soley responsible for any such Content.

Amendment of the Terms

Hyperboards reserves the right to change the terms of this agreement at any time. The revised terms will be posted to the Hyperboards website along with the effective date of such changes. Your continued use of the Services after the effective date of the revised terms will signify your acceptance of the changes. If you do not agree to the revised Terms, you must immediately discontinue using the Services.

Subscription Fees and Payments

Member registration and forum creation is free and requires no renewal in any way. Hyperboards reserves the right to change its policy regarding subscription fees and payments at any time.

Indemnification

You agree to indemnify, hold harmless and defend at your own expense Hyperboards from any and all claims, actions, proceedings, expenses, damages and liabilities (including reasonable attorney's fees), arising out of or in connection with Content found on any part of the Hyperboards website, including, but not limited to its forum and user pages.

If you create a forum, you agree to indemnify, hold harmless and defend at your own expense Hyperboards from any and all claims, actions, proceedings, expenses, damages and liabilities (including reasonable attorney's fees), arising out of or in connection with Content found on your forum.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR ACCESS TO AND USE OF HYPERBOARDS AND THE CONTENT AVAILABLE THROUGH HYPERBOARDS IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. HYPERBOARDS GIVES NO WARRANTY, EXPRESS OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY HYPERBOARDS OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. WE MAKE EVERY EFFORT TO BACKUP OUR DATA, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA.

HYPERBOARDS AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF HYPERBOARDS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE HYPERBOARDS PARTYS' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

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