Terms of Use

1. Terms

The following terms and conditions ("Terms of Use") govern all use of the www.dabbleboard.com website and the services available on or at the website (taken together, the "Site"). The Site is owned and operated by Dabbleboard, Inc. ("Dabbleboard"). The Site is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Dabbleboard. BY USING THE SITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE THE SITE.

The materials contained in this web site are protected by applicable copyright and trade mark law. "Dabbleboard" means "Dabbleboard, Inc.", a Delaware corporation with offices in Fremont, California.

2. Site Terms of Use Modifications

Dabbleboard reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

3. Registration

As a condition to using Site, User may be required to register with Dabbleboard and select a password and screen name ("Dabbleboard User ID"). User’s screen name cannot be changed, so please select one carefully. User shall provide Dabbleboard with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of User’s Dabbleboard account. User must ensure that his/her account with Dabbleboard contains (at all times) a valid email address. In addition, User shall not (i) select or use as a Dabbleboard User ID a name of another person with the intent to impersonate that person; (ii) use as a Dabbleboard User ID a name subject to any rights of a person other than User’s without appropriate authorization; or (iii) use as a Dabbleboard User ID a name that is otherwise offensive, vulgar or obscene. Dabbleboard reserves the right to refuse registration of, or cancel a Dabbleboard User ID in its sole discretion. User is solely responsible for activity that occurs on User’s account and shall be responsible for maintaining the confidentiality of User’s Dabbleboard password. User shall never use another user’s account without such other user’s express permission. User shall never transfer or assign his/her account to any third party. User will immediately notify Dabbleboard in writing of any unauthorized use of User’s account, or other account related security breach of which User is aware.

User shall only have one (1) account with the site, which, for clarity, means that User will not register (or attempt to register) for more than one (1) account.

4. Fees

Certain products and services offered by (or on behalf of) Dabbleboard through the Site may require payment by User ("Dabbleboard Products and Services"). User shall pay all applicable fees, as described on the Site, in connection with the Dabbleboard Products and Services selected by User. All fees are in U.S. dollars unless stated otherwise by Dabbleboard on the Site. All fees, (including, but not limited to, commission fees) are payable upon demand on a Visa, MasterCard, American Express, Discover credit card. Dabbleboard reserves the right to change its prices (and to institute new charges) for the Dabbleboard Products and Services at any time. Purchases by User following the posting of such changes on the Site constitutes User’s acceptance of any new or increased charges.

5. Content License

User may download or copy the content and other information and items displayed on the Site ("Content") for personal use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Dabbleboard, or from the copyright holder identified in such Content's copyright notice.

Upon termination of these Terms of Use, User must destroy any downloaded Content in his/her possession whether in electronic, printed, or other format.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as expressly authorized under this Section, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or services available through the Site, in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.

6. Restrictions

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Dabbleboard reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Dabbleboard server, or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Dabbleboard, including any Dabbleboard account not owned by User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Site.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Dabbleboard’s systems or networks, or any systems or networks connected to the Site or to Dabbleboard.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Dabbleboard on or through the Site. User shall not, in connection with the Site, pretend (e.g. through impersonation) that User is any other individual or entity.

User shall not use the Site or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Dabbleboard or others.

7. User Submissions

The Service may provide User with the ability to publicly: upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, drawings) to the Site ("User Submissions"). If User chooses to publicly post User Submissions, User:

• Grants to Dabbleboard, its affiliates and their assignees, and the parties to whom the content addressed, a perpetual, irrevocable, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein; and
• Represents and warrants that he/she owns or otherwise controls all rights to such User Submissions and that disclosure and use of such User Submissions by Dabbleboard (including without limitation, posting content on or at the Site) will not infringe or violate the rights of any third party.

User shall not to provide Dabbleboard with any confidential or proprietary information that he/she desires or is required to keep secret. User is solely responsible for the User Submissions he/she post on or through the Site. Dabbleboard does not endorse and has no control over any User Submission.

Dabbleboard has no obligation to monitor the Site, Content, or User Submissions. Dabbleboard may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

User may use content created by User with the Site in (or on) other Internet-accessible services (including, but not limited to, websites and blogs) only if User clearly indicates (to all viewers) that the content has been created with Dabbleboard. Such indication must include the name "Dabbleboard" or "dabbleboard.com", be easily readable, and must be present on or immediately adjacent to the content.

8. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DABBLEBOARD, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET USER’S REQUIREMENTS. The CONTENT appearing on THE SITE MAY include technical, typographical, or photographic errors. Dabbleboard does not warrant that any of the CONTENT ON THE SITE IS accurate, complete, or current.

9. Limitations on Liability

IN NO EVENT SHALL DABBLEBOARD, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

10. API Terms and Conditions

Use of the developer API is bound by the terms of these Terms of Use plus the following specific terms:

1. Abuse or excessively frequent requests to Dabbleboard via the API may result in the temporary or permanent suspension of User’s account's access to the API. Dabbleboard, in its sole discretion, will determine abuse or excessive usage of the API.
2. Dabbleboard reserves the right at any time to modify or discontinue, temporarily or permanently, User’s access to the API (or any part thereof) with or without notice.

11. Termination

Dabbleboard may terminate User’s access to all or any part of the Site at any time, with or without cause, effective upon notice thereof to User (provided that, if Dabbleboard determines there may be an immediate threat to Dabbleboard, it may terminate such access without notice). Upon termination notice from Dabbleboard, User will no longer access (or attempt to access) the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

12. Links

The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Dabbleboard’s control, and User acknowledges that Dabbleboard is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Dabbleboard. User further acknowledge and agree that Dabbleboard 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 the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

13. Indemnification

User is responsible for all of its activity in connection with the Site. User shall defend, indemnify, and hold harmless Dabbleboard, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User’s (i) use or misuse of the Site; (ii) access to the Site, or (iii) violation of these Terms of Use.

14. Privacy

Dabbleboard's current Site privacy statement is located at http://www.dabbleboard.com/privacy (the "Privacy Policy") and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact contact@dabbleboard.com.

15. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dabbleboard shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dabbleboard’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Dabbleboard’s prior written consent. Dabbleboard may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Dabbleboard in any respect whatsoever.