- "UGC": User Generated Content - A webpage containing original content created via the Website and Service.
- "Author": A person that generates original content on the Website.
- “Communities”: The unique content based subsets living within the Website.
- "Service": The services provided by UGCboard and via the UGCboard Website.
- You are solely responsible for the content in UGCboard community including text, data, images, video and links that You display on your community UGCboard.
- You may respond to emails from direct communications to You from users of the Website.
- You may only use Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. You must have permission to use third party content from the content owners.
- Create content that include any links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals.
- Use UGCboard, the Website or Service to violate any Federal, state or local laws. Your Rants and Raves must comply with all local laws regarding online conduct and acceptable content.
- Hack the Website or modify any content that is not Your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of your community.
- Remove, decompile, disassemble or reverse engineer any UGCboard Software (as defined below) or use any network monitoring or discovery software to determine the Website architecture.
- Create content in breach of a confidentiality or fiduciary obligation You may have.
- Attempt to automatically redirect Website users to other domains, mislead users of the origins of the Content contained in user generated content, or use such content as storage for remote loading or to a website outside of the Website.
- Impersonate another Author or any representative or employee of UGCboard.
- Disrupt the UGCboard Service, or any servers by embedding code in the content or otherwise attacking the Service.
- Create content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Spam any Authors or mass email any Author in an automated fashion.
- Collect personal identifiable information about the members of your community and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information from the Website.
- Harass, threaten or intimidate Authors or others who use the Service.
- Create content written primarily in a language other than English.
- Promote gambling or links to sites that promote/offer gambling for money.
- Create content that contains misleading tags and/or titles that don't match the content intended, including irrelevant/excessive tagging.
- Create content that is overly promotional, including excessive linking to any one site or domain.
The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by UGCboard or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website and Service are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein, is strictly prohibited. UGCboard may at any point make additional software and tools available to Authors in connection with the Service (“Additional Software”). Authors who incorporate such Additional Software into their content may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
As an Author, You will be able to incorporate different types of content in your communities. You shall not upload, post or otherwise make available on UGCboard any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
If you post User Generated Content to the Website, you grant UGCboard and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Generated Content throughout the world in any media.
UGCboard may preserve and store Content, and may also disclose Content if required to do so by law or if UGCboard believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of UGCboard, its users and the public.
UGCboard cannot guarantee the accuracy, integrity or quality of such Content. UGCboard does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable. UGCboard also cannot take responsibility for anything that members of your community may do in reliance on the Content You post on Your UGCboard.
You grant UGCboard and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant UGCboard the right to edit, copy, publish and distribute any material made available on UGCboard by You.
a) THE WEB SITE, THE WEB SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UGCBOARD SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE WEB SITE EVEN IF UGCBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UGCBOARD DOES NOT REPRESENT OR WARRANT THAT WEB SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE WEB SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. UGCboard will take reasonable steps to assure that its Web Site and servers are free of viruses, spyware, malware and other harmful components, but it is impossible to guarantee that the Web Site and servers will always be free of harmful components. Therefore UGCBOARD DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads. While UGCboard endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not UGCboard, and such contributions may be incomplete or may contain inaccuracies. UGCboard is not responsible for errors or omissions in any information or materials contained on the Web Site. You should independently verify the accuracy of any information you obtain on the Web Site before using it. You agree to be solely responsible for your use of the content found on this Web Site, the Web Site Materials and the Services. UGCboard reserves the right to change any and all content contained in the Web Site and any Services offered through the Web Site at any time without notice.
b) IN NO EVENT SHALL UGCBOARD OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WEB SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UGCBOARD OR THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UGCBOARD’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF UGCBOARD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEB SITE OR THE WEB SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UGCBOARD FOR ACCESS TO OR USE OF THE WEB SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
c) Other Rights. This warranty gives you specific legal rights. You may have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, UGCboard has adopted a policy of terminating, in appropriate circumstances and at UGCboard’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. UGCboard may also at its sole discretion limit access to the Web Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
To be effective, a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
If you are a user who posted material that was removed in response to a notice of infringement, and you believe that the material was removed due to mistake, false statements or misidentification, you may request that we replace the posting by sending us a counter notice as follows.
To be effective, a counter notification must be a written communication provided to UGCboard’s designated agent listed above that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided copyright infringement notification in accordance with this paragraph or an agent of such person.
Any person who knowingly materially misrepresents under this section —
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or false statement or misidentification,
shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.Email here to report Copyright Violations
Do not send any inquiries unrelated to copyright infringement to the contact listed above. You will not receive a response if you do.
- Contact us describing the nature of the issue.
- 2. Send UGCboard a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to: P.O. Box 32, Kirkland, WA 98083.
- 3. If, after two weeks, the matter has not been resolved, You agree to submit to binding arbitration, to be conducted by a member of the American Arbitration Association, in Seattle, WA, at Your expense. If You win, UGCboard will pay the arbitration expenses and Your reasonable attorney's fees. If UGCboard wins, You agree to do the same for UGCboard.