Terms and Conditions of Use

of the

TheChalkboardMag™ Website



You should read these terms and conditions of use ("Terms of Use") before further proceeding with accessing, viewing, and otherwise using the Chalkboard website ("Site"), since it is a condition to your access, view and use that you agree to these provisions. If you continue to visit this Site, then you have agreed to these terms and conditions. Thank you again for stopping by this Site. In addition, if you are an individual who wishes to become a subscriber or contributor to Chalkboard content (a "Subscriber") and/or make use of this Site's services (the "Service"), you must read these Terms of Use and indicate your acceptance of its terms by following the instructions on the "Sign Up" page and checking the box labeled "I agree to Chalkboard's terms of service."


The Chalkboard Project, LLC ("Our", "we", and/or "us"), welcomes you to this Site. We hope you will enjoy and benefit by our Site.


1. Access to and Use of the Site


If you do not agree with any of these Terms of Use, then you need to also stop accessing this Site. Use of the Site and subscription to the Service are void where prohibited. By agreeing to these terms or by using this Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.


2. Term.


These Terms of Use will remain in full force and effect while you use the Site and/or are a Subscriber. You may terminate your subscription at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your subscription for any reason at any time. Even after your subscription is terminated, certain sections of these Terms of Use will remain in effect. See Section 11.7 below for a list of the provisions of these Terms of Use that will survive the termination of your subscription.



3. Use of Content and Proprietary Notices


3.1 Certain content of this Site, including, but not limited to text, design, photographic images, video clips, illustrations, artwork, articles, reference information, menus and all other protectable elements of this Site, which is not "Subscriber Content" as defined below (collectively, the "Chalkboard Content"), remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Chalkboard Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the Chalkboard Content, display, publicly perform, distribute or otherwise use any of the Chalkboard Content, in whole or in part, for any public or commercial purposes without our prior written consent.


3.2 All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.


3.3 The Chalkboard Content may be updated and otherwise modified by us without notice. You should keep looking at this Site to see if any of the Chalkboard Content has changed.


3.4 You agree to use this Site for your own personal use.


3.5 Neither we, nor any owners, administrators, contributors, website users and authors are responsible for any liability arising from your use of or reliance on the Chalkboard Content or Subscriber Content.


4. Content Posted by You to the Service and the Site


4.1 By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, design, illustrations, artwork, articles, messages or other data or information (collectively, "Subscriber Content") on or to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, nonexclusive, fully-paid, royalty-free and worldwide license to use, copy, perform, display and distribute such Subscriber Content and to prepare derivative works of, or incorporate into other works, such Subscriber Content and to grant and authorize sublicenses of the foregoing.


You also understand and agree that if and when you decide to Post any Subscriber Content to or through this Site:


(a) The Subscriber Content is not in breach any of these Terms of Use, nor does the Subscriber Content violate any law or judicial or governmental order;


(b) You represent and warrant that you own all rights to and/or are authorized to Post the Subscriber Content to or through this Site;


(c) We may preserve and/or disclose the Subscriber Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to any claims that any Subscriber Content violated the rights of third parties, or (d) protect the rights, property, or personal safety of this Site, its users or the public; and


(d) We may modify, alter, delete, remove or otherwise not display or post such Subscriber Content at our sole discretion.


4.2 You are solely responsible for the Subscriber Content that you Post on the Site or the Service or transmit to others.


5. Improper Use


5.1 You agree not to submit to us or through this Site any materials, including, but not limited to, any Subscriber Content, that (a) infringe any copyright or other proprietary rights of any other party, or (b) contain any defamatory or libelous statements, (c) invade any person's privacy, (d) harasses or threatens the safety of any person, (e) is racially, culturally, or ethnically offensive or hateful, (f) displays pornographic or sexually explicit material of any kind, (g) includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18, (h) violates these Terms of Use, (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses, (j) solicits passwords or personally-identifying information for commercial or unlawful purposes from other Subscribers, or (k) otherwise violates any federal, state, local or foreign laws or regulations.


5.2 You further agree not to or permit any other person to:


(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;


(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called "spamming" or "phishing";


(c) disrupt, impair, alter or otherwise interfere with the functions, features, Chalkboard or Subscriber Content or use of this Site;


(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other firths of ours or of any third party;


(e) gain unauthorized access to this Site;


(f) copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us or other Subscribers for the purpose of selling, engaging in, marketing or promoting any other product or service; and/or


(g) improperly display any TCP/IP packet header or part of the header information in any email or other postings.


5.3 Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site or the Service. If so, neither we nor any of our officers, directors, employees, members, managers, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.


5.4 You are solely responsible for your interactions with other Subscribers. We reserve the right, although we have no obligation, to monitor disputes between you and other Subscribers and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of these Terms of Use, including termination of the subscription of one or more Subscribers.


6. Copyright Infringement Notification and Procedure


6.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.


6.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check this Term of Use before sending any notification to us.


(a) Written notification must be submitted by email, fax or mail to the following Designated Agent:


The Chalkboard Project

2306 Cotner Avenue

Los Angeles, CA 90064

hello@thechalkboardmag.com

fax 310.477.7474


(b) Name of Agent Designated to Receive Notification of Claimed Infringement:


Hayden Slater


(c) Full Address of Designated Agent to Which Notification Should be Sent:


2306 Cotner Avenue

Los Angeles, CA 90064


(d) Telephone Number of Designated Agent:


310.477.7171


(e) Facsimile Number of Designated Agent:


310.477.7474


(f) Email Address of Designated Agent:


hayden@thechalkboardmag.com

6.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:


(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);


(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;


(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;


(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;


(e) Your name, address, telephone number, and e-mail address;


(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


7. Privacy Policies


All privacy related provisions as to this Site can be found by clicking [insert link], and are incorporated herein by reference.



8. Hyperlinks to Other Websites


You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties' products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any third party materials made available or accessible via this Site and remove any online posting thereof.


9. Disclaimer


9.1 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUBSCRIBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO SUBSCRIBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG SUBSCRIBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.


9.2 THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.


9.3 Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising out of or resulting from your access and use of this Site. You (and not The Chalkboard Project, LLC) assume the entire cost of all necessary servicing, repair or correction.


10. Limitation of Liability


TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, THE CHALKBOARD PROJECT, LLC AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).


11. General


11.1 You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use of the Site or the Service (including the Posting by you of any Subscriber Content on the Site) in violation of these Terms of Use, or (b) your breach of these Terms of Use.


11.2 These Terms of Use and your use of this Site are governed by the laws of the State of California without giving effect to any choice of law or conflict provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or the Service will be exclusively heard in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts.


11.3 You may not use or export or re-export the Chalkboard or Subscriber Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.


11.4 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.


11.5 No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.


11.6 These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions, state the entire agreement between the parties relating to use of this Site or the Service. These Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.


11.7 The expiration or termination of these Terms of Use shall not affect those provisions, and the rights and obligations therein, set forth in these Terms of Use which either: by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of these Terms of Use, or must survive to give effect to the provisions of these Terms of Use.


11.8 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Subscriber or user of the Site or Service.


11.9 YOU AND THE CHALKBOARD PROJECT, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Last Updated

These Terms of Use were last updated in January 2012.

© Copyright 2012 The Chalkboard Project, LLC. All rights reserved.