Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the www.chalkboard.io website or Chalkboard mobile application (collectively, the “Service”) operated by Taild Sports, Inc. dba Chalkboard (“Chalkboard”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you do not agree with any of these Terms, do not use the Service.

Your Account

When you register to create an account with us, you represent that you are at least 18 years of age, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You may not register your account with a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Monitoring; Copyright Infringement Complaints

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason, in our sole discretion, any material or content anywhere on the Service. Notwithstanding this right, we do not and cannot review all materials and user content submitted to the Service. If notified, we may investigate an allegation that content posted on the Service is in violation of these Terms, and we will determine whether to have the content removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Service, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible through the Service in a way that constitutes copyright infringement, please notify us by providing all of the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

– a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

– identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works available through the Service;

– 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;

– information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;

– a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

– 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 owner of an exclusive right that is allegedly infringed.

– Please send your notice of copyright infringement to our copyright agent by e-mail AND by U.S. Mail to: Taild Sports, Inc. dba Chalkboard, 1940 Vallejo Street San Francisco, California 94123, Attn: Copyright Agent, email: info@chalkboard.io

Intellectual Property

The Service and all Chalkboard original content, features and functionality are and will remain the exclusive property of Chalkboard and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Service Availability, Errors and Inaccuracies

We often update our product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites, and the information found on the Service may contain errors or inaccuracies or may not be complete or current. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Links to Other Websites

The Service may contain links to third party websites or services that are not owned or controlled by Chalkboard. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Chalkboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We recommend that you to read the terms and conditions and privacy policies of any third-party websites or services that you visit so that you are familiar with their practices.

Contests, Sweepstakes and Promotions

Chalkboard may offer contests, sweepstakes or other promotions (collectively, “Promotions”) through the Service. Promotions may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service, or notify us by using the contact information provided below.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Chalkboard, and its employees, contractors, agents, officers, directors, licensors and licensees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Chalkboard, nor its directors, employees, partners, agents, suppliers, contractors, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT WILL CHALKBOARD’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CHALKBOARD FOR THE SERVICE, IF ANY, IN THE LAST 12 MONTHS.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Chalkboard, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, IS SECURE or WILL BE available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 9 and 10 may not apply to you.

Governing Law; Venue

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.In the event you initiate litigation in a court, both you and Chalkboard agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to these Terms or the use of the Service will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of San Francisco. You and Chalkboard consent to the personal jurisdiction of both courts.

Waiver; Severability; Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or change these Terms at any time. If we make any material changes to these Terms, we will provide at least 30 days advance notice prior to any new terms taking effect. We will inform you of any changes by posting a notice on the Service, emailing you, or taking other appropriate action to let you know about the changes.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@chalkboard.io.