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Terms Of Usage
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Boardmaker Share Community Site Terms and Conditions
Before using the site, please review the terms below. You will need to accept these terms in order to gain access to the site. We look forward to having you as a member of Boardmaker Share!
Welcome to the Boardmaker Share community site ("Site"). The following Community Site Terms and Conditions of Use govern your use of this Site, which is owned by DynaVox Systems LLC (also known as DynaVox Mayer-Johnson and referred to herein as "DMJ"). By accessing, posting, transmitting, submitting messages and other materials (which include Boardmaker and Boardmaker Plus files, any other files, photos, any digital Content, code, inputting data or any otheR materials, blog posts, or engaging in any form of communication in connection with this Site – collectively "Content") to web blogs, public or private groups, forums, wikis, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"), you agree to and are bound by the terms and conditions set forth in this document and to any changes thereto that DMJ may publish from time to time (collectively, the "Terms and Conditions"). If you do not agree to all of the provisions contained in these Terms and Conditions, do not access or use this Site. Anyone who registers with the Site shall be defined as a "Member" for the purposes of these Terms and Conditions.
When registering for an account you agree to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DMJ immediately of any unauthorized use of your account or any other breach of security. DMJ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DMJ or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
YOU CERTIFY THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING OR USING THE SITE WILL BE AN IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS. DMJ does not encourage, solicit, or permit visitors who are known to be minors to become a Member of or to visit the Site. If you are a minor, you must have your parent or legal guardian agree to the provisions of these Terms and Conditions on your behalf.
DMJ may modify these Terms and Conditions from time to time in its sole discretion. Your continued access or use of the Site, Forums, Content or any materials or services on the Site, constitutes your acceptance of any changes. Your access and use of the Site, Forums, Content, materials and services will be subject to the most current version of the Terms and Conditions, as well as any additional rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms and Conditions" link on the Site to view the most current terms.
2. Content Posted on the Site
You are welcome to post, transmit or submit Content to Forums in accordance with these Terms and Conditions. You are solely responsible for such Content. DMJ accepts no responsibility whatsoever in connection with or arising from such Content.
DMJ does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by DMJ prior to posting and does not necessarily reflect the opinions or policies of DMJ. DMJ makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, DMJ reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. DMJ may also employ filters to remove objectionable Content.
DMJ or its designated Members will not necessarily monitor the Forums for inappropriate Content. If, at any time, in its sole discretion, DMJ or its designated Members choose to monitor the Forums, DMJ assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. In submitting Content to Forums, you agree to strictly limit yourself to constructive discussions about the subject matter for which the Forums are intended and to refrain from using profanity or engaging in other offensive conduct as described in Section 5. You agree that DMJ shall not be liable for any reason whatsoever if DMJ prevents your Content from being submitted, or if DMJ or its designated Members edit, restrict or removes your Content. By accessing and using the Site, you also agree to permit users of this Site to access, view, store, and reproduce the Content for their personal, clinical, or instructional use and not to restrict or inhibit the use of this Site.
You agree to release DMJ, its parents, subsidiaries and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, Forums and Content. If at any time you are not happy with the Site or object to any material within the Site, Forums or Content, your sole remedy is to cease using or accessing the Site, Forums or Content.
3. Ownership and License of Site Content
DMJ does not claim ownership of your Content. However, we do need certain rights from you, with respect to your Content, to operate the Site and to enable you to do all the things this Site affords you the ability to do. Therefore, with respect to your Content, you grant DMJ a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Site on our behalf) license to use, reproduce and modify your Content solely for the purposes of operating the Site and enabling your use of the Site. With respect to your shared Content, you additionally grant DMJ the rights to distribute, publicly perform and publicly display your shared Content (in whole or in part) for the sole purposes of operating the Site and enabling your use of the Site and to sublicense your shared Content to other users subject to the limitations of Section 7 below. These limited licenses do not grant DMJ the right to sell or otherwise license your Content or your shared Content on a stand alone basis. Further, you may terminate DMJ's right to distribute, publicly perform and publicly display your shared Content by making it no longer shared. You may terminate the remainder of DMJ's rights by removing your Content from the Site. Upon removal of Your Content from the Site or upon making Your Shared Content no longer shared, DMJ shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that DMJ shall have the right to keep archived copies of Your Content.
DMJ grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display Content shared by other users with you via the Site or that other users make publicly available via the Site, subject to the following conditions:
Your rights granted by this Section are limited to your personal, informational, clinical, therapeutic, or instructional purposes only;
You may not sell, rent, lease or license the shared Content to others;
You may not remove any copyright, trademark, watermark, or other proprietary notices contained in any Content found on the Site.
You hereby grant other users of the Site a worldwide (because the internet is global), royalty-free (meaning that other users do not owe you any money), nonexclusive (meaning you are free to license your Content to others) license to view, download, print, distribute, publicly perform and publicly display your shared Content. If you do not wish to grant these rights in your Content then do not share your Content with other users. While you have the ability to remove your Content from the Site and/or the public areas within the Site and thus prevent future licenses from being granted, you acknowledge and agree that once your shared Content has been shared, DMJ can neither monitor nor control what other users do with it.
You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the Site.
Copyright Protection. All Content contained in the Site is protected by copyright, trademark and other industrial and intellectual property laws.
Claims of Copyright Infringement. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send DMJ a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DMJ to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. Notices with respect to this Site should be sent to: DynaVox Mayer-Johnson Attention: Boardmaker Share Legal Notices, 2100 Wharton Street, Pittsburgh, PA, 15203, or via email to: firstname.lastname@example.org.
5. Prohibited Content and/or Activity
You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. DMJ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:
is produced or distributed in violation of any software license agreement, including the license agreements for products from DynaVox Mayer-Johnson;
is obscene, patently offensive, or promotes racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
contains nudity, violence, or offensive subject matter;
involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
exploits people in a sexual or violent manner;
solicits personal information from anyone who would be considered a minor;
provides any telephone numbers, street addresses, last names, URLs or email addresses, included in a Member profile without that Member's explicit permission;
violates the copyright, trademark, patent, industrial or other intellectual property rights of any other person or entity;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
includes confidential information about DMJ, such as, but not limited to, DMJ's released or unreleased products, services, customers, business policies or practices, developments, inventions, processes, designs, marketing, business plans or finances that are not otherwise part of the public domain, without the prior written approval and consent of DMJ;
solicits passwords or personal information for commercial or unlawful purposes from users; or
involves commercial activities and/or sales without DMJ's prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. DMJ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
any violation of a DynaVox Mayer-Johnson software license agreement;
any use by you of any other Member's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) through the Site. You may not transmit any chain letters or junk email to other Members. Although DMJ cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior written consent. In order to protect our Members from such advertising or solicitation, DMJ reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which DMJ deems appropriate in its sole discretion;
any automated use of the system;
attempting to impersonate another Member or person, whether actual or fictitious, including impersonating an employee or consultant of DMJ;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
using an inappropriate Member name of any kind; or
selling or otherwise transferring your profile.
DMJ uses reasonable efforts to make the Site available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
You should always preserve the original copies of your Content, or make back-up copies of your Content, on your personal system. Upon the termination of your use of the Site for any reason, DMJ will close your account and you will no longer be able to retrieve your Content.
You should not use this Site as the only repository or other source for your Content.
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