Please read these Terms of Service (the “Terms”) carefully. By accessing or using any of the Internet-based websites, SMS-based or MMS-based services (text messaging), or other products or services of TacBoard, LLC (d/b/a TacBoard or www.tacboard.com, and all subdomains) (“TacBoard,” “we,” “our,” or “us”), or the services, features, or functionality that are made available by other companies through any of our Internet-based websites, SMS-based or MMS-based services, or other products or services (collectively, “Services”), you (interchangeably, with and without others, either separately or collectively, “you” or “user”) agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use our Services.
TacBoard reserves the sole right and discretion to do any of the following at any time and for any reasons, without any notice: refuse to provide the Services or any portion of them to any person, or to discontinue, suspend, or block the Services (including only or specifically your use of the Services).
ARBITRATION NOTICE: These Terms contain provisions that govern how disputes between you and us may be resolved. It is important for you to understand that, except for certain circumstances outlined below, by using our Services you agree to binding arbitration and you waive any right to participate in a className-action lawsuit or className-based arbitration.
The Services are intended to provide the user and others to submit photos and messages to a private number for display on a centralized, privately hosted URL (a “Digital Canvas”) at a party or event, viewable by you and party or event guests, either in real time during the party or event, or at a later date. The Services are available in the 50 United States.
In order to use TacBoard and the Services, you may be required to create an account, and provide information including your name, username, and phone number (“Basic Account Information”). Failure to provide accurate and current Basic Account Information may impair our ability to provide you with effective Services.
The Services include and allow users to upload content to a Digital Canvas (“post”), and also to create, upload, publish, transmit, share, or disseminate certain content, such as their profile information, text messages, messages, comments, chat, photographs, and videos (separately or collectively, “User Content”). Most User Content may be publicly available to the other users of that Digital Canvas. Each user is solely responsible for all its User Content, and we do not have any liability for any claim that arises or might arise from your User Content. You are also solely responsible for any data charges that apply or may apply for using the Services, including charges in connection with transmitting or disseminating any User Content. We have no obligation or duty to monitor or review User Content that is posted, and we take no responsibility for such User Content. By posting any User Content in connection with any Services, you represent and warrant that you own the User Content or that you otherwise have the rights to post such User Content and to grant the User Content License (defined in Section 5.A below) in accordance with these Terms. We will not be responsible for any User Content that infringes upon the rights of any other person or entity.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content (including User Content) or communications in connection with the Services. By using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TacBoard be liable in any way for any content in connection with the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Services.
A. User Content
Except for the User Content License (defined below), you will retain all ownership in your User Content. However, by posting User Content you grant to us an irrevocable, non-exclusive, transferable, sublicensable, worldwide, perpetual, and royalty-free license to use, copy, reproduce, edit, process, adapt, modify, publish, transmit, display, create derivative works and/or distribute such User Content in any and all media or distribution methods, whether now known or developed later (“User Content License”). We may use the User Content License in any way to promote and improve the Services, including developing new functions and features. No use of any User Content in accordance with any User Content License will entitle you to any compensation from us or any other person or entity with which we have a business relationship. We will not be liable to you or any other party for use of the User Content pursuant to the User Content License.
B. Feedback; Suggestions
Any feedback, suggestions, or comments that you provide to us or to any user through the Service (whether through posting, email, online messaging services, or other means) is done so voluntarily by you, and we may use (or not use) any such feedback, suggestion, or comment, in any way (including the development of new functions or features in connection with the Services) without any obligation to you.
Except for the ownership rights in the User Content described in Section 4 above, all right, title, and interest in and to the Services and the content therein is and shall remain the property of TacBoard, its affiliates, or licensors (as the case may be). The Services are and may be protected by various laws, including copyright, trademark, patent, and/or other intellectual property laws in the United States of America and elsewhere. Nothing in these Terms grants to any user any ownership interest in the Services, nor does anything in these Terms grant to any user the right to use, copy, reproduce, or distribute any names, trademarks, logos, websites, domain names, or any other features of TacBoard’s business.
Notwithstanding the foregoing, TacBoard hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, worldwide, license to use the Services and its functions in accordance with these Terms (as may be amended from time to time, “Services License”). TacBoard reserves all rights that are not expressly granted in the Terms. The Services License is revocable by us at any time and for any reason—without any notice to you. The Services License is intended for personal use only, and does not permit you to use the Services, or anything contained therein or thereon (including but not limited to the content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) for any business or commercial purpose. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
A. Prohibited User Content
You are prohibited from posting any User Content on the Services that is defamatory, obscene, pornographic, harassing, abusive, or that promotes discrimination or hatred toward any group or any other user. You are also prohibited from posting any User Content that infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person or party. We reserve the right at all times and for any reason to remove or refuse any User Content, without any liability. We also reserve the right to access, read, preserve, and disclose any information (including User Content) as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including to investigate potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests or user complaints; or (v) protect the rights, property, or safety of TacBoard, its users, affiliates, services providers, and the public.
B. Prohibited Actions
You are not permitted to do, or attempt to do, any of the following in connection with the Services:
Although we take reasonable measures to ensure the security of the Services, you are responsible for all activity in connection with your TacBoard account, including any Digital Canvas that you have access to. We encourage you (and you are solely responsible) to ensure that you keep your username and password safe and secure from other users or third parties. TacBoard will have no responsibility or liability for any loss, claim, obligation, or damage that occurs if your TacBoard account is used or accessed by any other user or third party (whether authorized or unauthorized).
We will make commercially efforts to comply with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws in connection with the Services, which may include removing (without notice) any User Content or other material in connection with the Services and otherwise taking any actions otherwise permissible by these Terms.
If you believe that there is content or material in connection with our Services that infringes on any copyright that you own or control, you will notify us by sending an infringement notice with our designated agent as follows:
Attn: Copyright Agent
1629 West Catalpa Avenue
Chicago, IL 60640
Your notice to our Copyright Agent must comply with the DMCA. Accordingly, your notice must include substantially the following information:
A. Disclaimer of Warranties
Your access and use of the Services is at your own risk. The Services are provided on an “AS IS” basis. To the maximum extent permissible by law, TacBoard DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
TacBoard makes no warranty or representation and disclaims all obligations in connection with any of the following: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your device, any loss of data, or any other harm in connection with the Services; (iii) the deletion of, or the failure to store or to transmit, any User Content; or (iv) the Services’ ability to satisfy your expectations or requirements or to be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or a third party in connection with the Services, will create any warranty or representation, express or implied, not expressly made by use in these Terms.
B. Third Party Sites and Services
The Services may provide links to, or the Services may be linked from, third party websites, services, or resources (“Third Party Websites”). When you use or access any Third Party Websites, you do so at your own risk. The Third Party Websites are not controlled by us. Accordingly, we do not have any obligation in connection with the content, functions, accuracy, legality, appropriateness or any other aspect of any Third Party Websites. By including any link to a Third Party Website in connection with our Services, we do not endorse in any way and we do not imply or create any association or relationship with any Third Party Website. We are not liable, directly or indirectly, for any harm or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third Party Website.
C. Limitation of Liability
In no event shall TacBoard be liable for any incidental, special, indirect, punitive, or consequential damages, specifically including lost profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or related to: (i) your use of, or inability to use, the Services, including our termination, suspension, or revocation of your TacBoard account; (ii) any material or content on or received through the Services that may be offensive, defamatory, or illegal conduct; or (iii) any unauthorized use of or access or modifications to your TacBoard account. The foregoing limitation of liability shall apply to all theories of law, including claims based on breach of contract, tort, strict liability, breach of warranties, or failure of essential purpose, and even if TacBoard has previously been advised of any such damages.
Notwithstanding the foregoing, to the fullest extent permitted by law, in the event that TacBoard is found liable for any damages arising out of or relating to these Terms, the aggregate liability of TacBoard shall not exceed $1.00.
You shall defend, indemnify, and hold harmless TacBoard, its shareholders, officers, directors, employees, affiliates, licensors, agents, and third-party service providers (“Indemnified Part(y)ies”) fully for any and all costs, liabilities, damages, debts, demands, obligations (including attorneys’ fees and costs) incurred by or threatened against any Indemnified Party, in connection with any of the following: (i) your access to and use of the Services, including any User Content; (ii) any action by you or failure to act that violates the rights of another person or entity, including privacy, confidentiality, intellectual property or proprietary rights; (iii) any action by you or failure to act that is illegal or that violates any applicable law, statute, rule, or regulation; and (iv) your violation of these Terms. You understand and acknowledge that TacBoard shall not be treated as a publisher or speaker of any posted content or other content that any third party creates or sends to appear on a Digital Canvas provider under Section 230 of the Communications Decency Act. (47 U.S.C. § 230).
You and TacBoard agree to the following regarding binding arbitration (the “Arbitration Agreement”). In connection with the Service, you and TacBoard shall use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If we are unable to amicably resolve such matter, all claims arising out of or relating to this Arbitration Agreement (including its formation, performance and breach), the Terms, our relationship to each other, or either party’s use of or access to the Services or the content thereon (including User Content), shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). A court has limited authority to review or overturn an arbitration award or the decision resulting from your agreement to be bound by arbitration.
A. Arbitration Rules; Non-Appearance Arbitration
Any arbitration in connection with the Services shall be on a confidential basis in accordance with the provisions of the American Arbitration Association’s (AAA) Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting className actions (the “AAA Rules”). The AAA Rules, as well as other useful information regarding arbitration (including how to initiate arbitration) may be accessed at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. In order to help alleviate costs, at the option of the party seeking relief, claims or disputes seeking a total award of less than $10,000.00 may be resolved through binding non-appearance-based arbitration. Such non-appearance-based arbitration may, at the option of the party seeking relief, be conducted by telephone or other remote communication technique (such as online or Skype), or based solely on written submissions. For claims or disputes seeking a total award of $10,000.00) or more, the right to a hearing will be determined by the AAA Rules.
B. Authority of Arbitrator
The arbitrator (who shall be a member of AAA), shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Arbitration Agreement shall be governed by the Federal Arbitration Act.
C. Waiver of Jury Trial
You and TacBoard waive any and all constitutional or statutory right to go to court and have a trial by judge or jury. If any litigation between you and TacBoard arises in any state or federal court (such as to enforce or appeal an arbitration award), you and TacBoard waive all rights to a trial by jury and instead elect to have such dispute be resolved by a judge.
D. Class Action and Class Arbitration Waiver
All claims and disputes coming within the scope of this Arbitration Agreement shall be arbitrated on an individual basis only, and not as a className action or other representative action. You and TacBoard expressly waive the right to file a className action or seek relief on a className basis. If any court or arbitrator determines that the className action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a className basis, then you and we shall be deemed to have not agreed to arbitrate disputes and all disputes shall be resolved as otherwise set forth in the Terms.
E. Exception – Small Claims
Notwithstanding this Arbitration Agreement, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
F. Exception – Injunctive Relief
Notwithstanding this Arbitration Agreement, TacBoard reserves the right to seek injunctive relief from a court of competent jurisdiction to enforce this Arbitration Agreement or to stop any infringement or other violation of any intellectual, proprietary, or third party rights.
G. Right to Waive
Any or all of the rights and restrictions set forth in this Arbitration Agreement may be waived by the party against whom the dispute or claim is asserted. However, any such waiver shall not affect or be deemed a waiver of any other portion of this Arbitration Agreement.
You may terminate these Terms at any time, with or without reason or notice to us, by deactivating or deleting your TacBoard account. However, the Terms that were in effect at the time of your termination shall govern any claim or matter, or the occurrence of any event or any circumstances, in connection with the Services before such termination. If your TacBoard account is inactive or dormant, as opposed to deactivating or deleting your account, these Terms will remain in full force and effect.
TacBoard may suspend or terminate your use of the Services and your TacBoard account, or otherwise cease providing the Services to you, at any time for any reason, including but not limited to any of the following: (i) you violate any these Terms (without any right for you to cure such violation); (ii) if the Services or your continued use of the Services causes any actual or potential violation of any law; (iii) we decide for any reason to change or to no longer provide the Services (or any portion thereof). In the event of any such suspension, termination, or discontinuance of the Services, we will make reasonable efforts to provide you with notice through the email address associated with your Services account or the next time that you attempt to use the Services.
Upon such suspension, termination, or discontinuance of the Services, these Terms shall terminate, including the Services License. Notwithstanding any termination of these Terms, any clause or provision in these Terms that explicitly or is reasonably contemplated to survive the termination of these Terms shall survive—including the Sections 4, 5, 6 (except the Services License), 7, 10, 11, 12, 13, and 14.
A. Gallery Purchase Confirmation
When an individual opts-in to the service by purchasing a gallery as a host of an event (“Host”), TacBoard will send the Host a confirmation email to confirm signup. The following details will be included in the confirmation: (a) Name of the pricing package purchased; (b) Amount charged to the Host’s credit or debit card; (c) Step-by-step instructions on how to setup TacBoard for your event; (d) TacBoard customer support email and phone number.
Upon purchasing a gallery, the Host will have access to a Gallery Detail Page containing the following information: (a) Unique URL to access your gallery from a phone, laptop, tablet, or PC; (b) The phone number assigned to their wedding gallery; (c) Date when your gallery becomes active; (d) Date when your gallery becomes inactive.
All payments and pricing are in US Dollars and TacBoard is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is TacBoard responsible for currency fluctuations that occur when receiving or sending payment via credit card.
C. Host Acknowledgments
Host agrees and acknowledges that Host has: (a) read these Terms, including these Host Terms and (b) agrees to perform in accordance with the terms and conditions of these Terms, including these Host Terms. Host further acknowledges that upon confirmation of purchasing a gallery from TacBoard through the Platform, Host is entering into a binding legal contract with TacBoard.
Host represents and warrants that he or she is the legal owner of the gallery purchased by Host and has the authority to provide the permissions required in accordance with these Terms.
D. Host Responsibilities
Equipment: TacBoard will not provide a laptop, display screen, or projector for your event. It is the responsibility of the Host to provide this or similar equipment in support of the event.
Information Distribution: It is the responsibility of the Host to distribute the gallery’s phone number and the gallery’s unique URL to guests through their own marketing channels.
Changes to Event Date: It is the Host’s responsibility to notify TacBoard of a change to the Host’s event date.
E. Contact Information
Host must provide TacBoard with valid, current contact information in case the need arises for TacBoard to contact you regarding your order.
F. No Refunds / Exchanges
We do not accept returns or exchanges unless the gallery you purchased is defective. If your gallery is defective, please contact us at [email protected] within 24 hours of purchase with details of the defect.
Upon receipt of your message, we will fully examine our service and notify you within a reasonable period of time whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the gallery or refund the purchase price (or a portion of the purchase price determined on a case-by-case basis), using the original method of payment.
G. TacBoard Phone Number Deactivation
Your TacBoard phone number will be deactivated 30 days after your event's date. To extend your TacBoard phone number, please contact TacBoard prior to the phone number’s scheduled deactivation date by emailing [email protected] for pricing options.
A. Waiver and Severability
TacBoard’s failure to enforce any right or provision of these Terms will not be deemed a waiver of, or the ability to later enforce, such right or provision. If any provision of these Terms (except for Section 12.D. (Class Action and Class Arbitration Waiver)) is found by a legally binding authority to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Applicable Law; Venue and Jurisdiction
These Terms are governed by the laws of the State of Illinois, without regard to or application of conflict of law provisions. In the event any lawsuit is permitted by the Arbitration Agreement or these Terms, such lawsuit will be brought solely in the federal or state courts located in Chicago, Illinois, and you consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Understanding
D. Modifications to Terms
We may make any changes to these Terms at any time and in our absolute sole discretion. If we make any change that is material to these Terms, we will use reasonable efforts to notify you, e.g. by emailing you through the email address associated with your Services account or the next time that you attempt to access the Services. Your continued use of the Services after any such changes will constitute your acceptance of such changes.
E. Questions and Comments
If you have any questions, comments, suggestions, or feedback regarding these Terms or the Services, we encourage you to email us at [email protected]