TERMS AND CONDITIONS
1. Acceptance of Terms
2. Age Requirement
The Website is designed and intended solely for consenting adults. You must be at least 21 YEARS OF AGE OR OLDER and interested in and wish to have access to visual images, verbal descriptions of a sexually oriented nature. The content which is available within the Website includes graphic visual depictions and descriptions of nudity and sexual activity and you should not access or subscribe to Website if you are younger than 21 YEARS OF AGE or if you are offended by such Content or if you do not wish to be exposed to such Content.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Boards, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Boards. You understand that TheOtherBoard does not control, and is not responsible for Content made available through the Boards, and that by using the Boards, you may be exposed to Content that is offensive, obscene, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the TheOtherBoard site and Content available through the Boards may contain links to other websites, which are completely independent of TheOtherBoard.
TheOtherBoard makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Visiting websites linked from this website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TheOtherBoard be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Boards. You acknowledge that TheOtherBoard does not pre-screen or approve Content, but that TheOtherBoard shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify TheOtherBoard's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), using the "Contact Us" link on the site (you must register on the site to use this link.)
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the TheOtherBoard site that you claim is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
A notarized letter with your full legal name, your physical address, telephone number, and email address; once received and verified TheOtherBoard will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millennium Copyright Act (DMCA).
5. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, illegal pornographic for your area, any form of bestiality, libelous, invasive of another's privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, any TheOtherBoard affiliates, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent. That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
That includes links to commercial services or web sites, except as allowed in "services". That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law in Switzerland. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Boards, or that otherwise negatively affects other users' ability to use the Boards; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to:
contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Boards - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or attempt to gain unauthorized access to TheOtherBoard's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Boards or the TheOtherBoard website.
7. Limitations on service
You acknowledge that TheOtherBoard may establish limits concerning use of the Boards, including the maximum number of days that Content will be retained by the Boards, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Boards, and the frequency with which you may access the Boards. You agree that TheOtherBoard has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Boards. You acknowledge that TheOtherBoard reserves the right at any time to modify or discontinue the Boards (or any part thereof) with or without notice, and that TheOtherBoard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Boards.
8. Termination of service
You agree that TheOtherBoard in its sole discretion, has the right (but not the obligation) to delete or deactivate your membership account, block your email or IP address, or otherwise terminate your access to or use of the Boards (or any part thereof), immediately and without notice, and remove and discard any Content within the Boards, for any reason, including, without limitation, if TheOtherBoard believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that TheOtherBoard shall not be liable to you or any third-party for any termination of your access to the Boards. Further, you agree not to attempt to use the Boards after said termination. Sections 2, 4, and 8-12 shall survive termination of these Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Boards, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that TheOtherBoard shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TheOtherBoard is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TheOtherBoard, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
10. Proprietary rights
The Boards is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Boards is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification,creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Boards, and agree to abide by any and all copyright notices displayed on the Boards. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Boards. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Boards.
Although TheOtherBoard does not claim ownership of content that its users post, by posting Content to any public area of the Boards, you automatically grant, and you represent and warrant that you have the right to grant, to TheOtherBoard an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE THEOTHERBOARD SITE AND THE BOARDS IS ENTIRELY AT YOUR OWN RISK. THE THEOTHERBOARD SITE AND THE BOARDS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THEOTHERBOARD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE THEOTHERBOARD SITE AND THE BOARDS. TO THE FULLEST EXTENT PERMITTED BY LAW, THEOTHERBOARD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THEOTHERBOARD SITE OR THE SITES OR BOARDS, OR ACCESSED THROUGH ANY LINKS ON THE THEOTHERBOARD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THEOTHERBOARD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THEOTHERBOARD SITE OR THE BOARDS.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL THEOTHERBOARD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEOTHERBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE THEOTHERBOARD SITE OR THE BOARDS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE THEOTHERBOARD SITE OR THE BOARDS, FROM INABILITY TO USE THE THEOTHERBOARD SITE OR THE BOARDS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THEOTHERBOARD SITE OR THE BOARDS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THEOTHERBOARD SITE OR THE BOARDS OR ANY LINKS ON THE THEOTHERBOARD SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THEOTHERBOARD SITE OR THE BOARDS OR ANY LINKS ON THE THEOTHERBOARD SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold THEOTHERBOARD, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Boards, your use of the Boards, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
14. Payments and Refunds
We do not offer a "recurring" type of subscription, so there is no need to cancel to ensure that you will not be charged again. Toward the end of your subscription you will be sent an email and can decide whether you wish to renew or not. If not, do nothing and your subscription will simply expire. Your credit card will not be charged again. We reserve the right to deny, suspend or revoke any person's subscription, for any reason at any time. The user has the right to cancel their paid subscription at any time.
Subscriptions that are suspended, revoked, or cancelled by TOB or the user will not be refunded, regardless of the amount of time that may be left on the subscription.
15. Jurisdictional Issue
This agreement shall be governed by, construed and enforced in accordance with the laws of Switzerland, as it is applied to agreements entered into and to be performed entirely within such Country. Any action you bring to enforce this agreement or any matters related to this site shall be brought in the Courts located in Switzerland. If any provision of this agreement shall be unlawful, void, or for any reason-enforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by TheOtherBoard.