Thanks for using our products and services (“Services”). The Services are provided by TournamentBoard, LLC. (“TB” or “Tournamentboard”), located at 1707 1/2 Post Oak Suite 142, Houston, TX 77056, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our terms of service govern our relationship with users and others who interact with TB and the services TB provides. There are different types of services offered; as a result, sometimes additional terms may apply, for example age requirements. Since TB provides a variety of Services, users may be requested to review and accept additional terms that apply to your interaction with a specific application or service. If you use a particular service, the associated additional terms become a part of your agreement with TB.
You must follow any policies made available to you within the Services.
The Services provided by TB are may change or adjust and a wider variety of services may be offered. The range of Services that TB provides may change over time without prior notice to you. In addition, TB may stop providing Services to you or to users generally on a temporary basis or a permanent basis without giving you prior notice. It is important to understand that the forum and/or nature of the Services may evolve. TB retains the right to set, create and/or change limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements. These advertisements may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by TB on the Services are subject to change. In consideration for TB granting you access to and use of the Services, you agree that TB and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Don’t misuse our Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. TB reserves the right to suspend or stop providing our Services to you or any user if you do not comply with our terms or policies or if TB suspects misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. You are not granted the right to use any branding or logos used in our Services under these terms. You are not permitted to remove, obscure, or alter any legal notices displayed in or along with our Services.
TB’s Services may display content that is not TB’s. This content is the sole responsibility of the person or entity or user that makes that content available. TB may review content to determine whether it is illegal or violates our policies, and TB may remove or refuse to display content that we reasonably believe violates our policies or the law. However, this does not necessarily mean that TB reviews content.
Portions of our Services may be available on mobile devices. Do not use these Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need a TB Account in order to use some of our Services. You may create your own TB Account. To protect your TB Account, keep your password confidential. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. TB encourages you to use passwords that use a combination of upper and lower case letters, numbers and symbols. This is type of password is considered a “strong” password. TB cannot and will not be liable for any loss or damage arising from your failure to safeguard your password or use a “strong” password. Be aware that you are responsible for the activity on or through your TB Account. It is suggested that you do not to reuse your TB Account password on third-party applications. If you learn of any unauthorized use of your password or TB Account, please change your password immediately.
When you use TB’s Services you commit to the following guidelines:
TB takes notices of alleged copyright infringement seriously. As such, we respond to such notices by terminating accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
TB respects the intellectual property rights of others and expects users of the Services to do the same. TB will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Should you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. If the user is determined to be a repeat infringer, TB will also terminate a user’s account. Please send all notices of alleged copyright infringement appearing on our Services to:
TournamentBoard, LLC Attn: Copyright Notice 1707 1/2 Post Oak, Suite 142 Houston, TX 77056 Email: firstname.lastname@example.org
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give TB (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
When you upload and publish content or information, you are allowing everyone, including people off of TB to access and use that information, and to associate it with you, for example, your name and profile picture.
If you have a TB account, your Profile name, Profile photo, and actions you take on TB or on third-party applications connected to your TB Account may be displayed by TB as a part of our Services, including displaying in ads and other commercial contexts.
Our best efforts are put forth to keep TB safe, but we cannot guarantee safety. However, in working towards creating a safe environment you should follow exercise care and discretion in your interactions using our Services. As such, when you use TB’s Services you commit to the following guidelines:
Protecting the rights of others means that we respect the rights of other people and you are expected to do the same. As such you are committed to the following guidelines:
TB intends to deliver advertising and other commercial or sponsored content. It is TB’s goal to deliver advertising content that is valuable to both the users and advertisers. As such your use of our services commits you to following:
Mobile services will be provided, however, be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
Keep your TB account updated with your mobile information, to ensure you receive accurate information using the mobile services in the event you change or deactivate your mobile telephone number. This will help to ensure that your messages are not sent to the person who obtains your old number.
You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on TB.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
TB constantly changes and improves the Services. As such, TB may add or remove functionalities or features, and may suspend or stop a Service altogether.
You can stop using our Services at any time. TB may also stop providing Services to you, or add or create new limits to our Services at any time.
TB believes that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Please read carefully, this section limits the liability of TB and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “TB Collective”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TB COLLECTIVE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The TB Collective makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the TB Collective or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the TB Collective are 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 the TB Collective 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TB COLLECTIVE 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TB COLLECTIVE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TOURNAMETBOARD, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TB COLLECTIVE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TOURNAMENTBOARD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, TOURNAMENTBOARD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
YOU USE TOURNAMENTBOARD AT YOUR OWN RISK. WE ARE PROVIDING TOURNAMENTBOARD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TOURNAMENTBOARD WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TOURNAMENTBOARD WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TOURNAMENTBOARD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TOURNAMENTBOARD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TOURNAMENTBOARD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 SUCH CASES, TOURNAMENTBOARD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify TB and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If anyone brings a claim against us related to your actions, content or information on TB, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on TB and are not responsible for the content or information users transmit or share on TB. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on TB. We are not responsible for the conduct, whether online or offline, of any user of TB.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. TB may post notice of modifications to these terms on this page. We may post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than three days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between TB and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and TB does not take action right away, this doesn’t mean that we are giving up any rights that we may have, such as taking action in the future.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Texas, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Harris County, Texas, USA, and you and TB consent to personal jurisdiction in those courts.