Description of Service

Ziteboard is a zoomable whiteboard service.

Your use of Ziteboard, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms and the following Privacy Policy (collectively, the “Agreement”):

If you register on behalf of a business, you represent to Ziteboard that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

Changes and Modifications

Ziteboard may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Ziteboard grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Responsible Use and Conduct

By visiting ziteboard.com and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Online Whiteboarding’), you agree to use Online Whiteboarding only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • In order to access our Online Whiteboarding, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Online Whiteboarding. You agree that any information you provide will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Online Whiteboarding. Accordingly, you are responsible for all activities that occur under your account/s. If your account is a single user account, you must not knowingly allow others to use your account or password.
  • Accessing (or attempting to access) any of our Online Whiteboarding by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Online Whiteboarding through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Online Whiteboarding, including the servers and/or networks to which our Online Whiteboarding is/are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Online Whiteboarding is strictly prohibited.
  • You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various open communication tools on ziteboard.com, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to ziteboard.com, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any ziteboard.com employees or representatives.
  • We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  • We do not assume any liability for any content posted by you or any other 3rd party users of ziteboard.com. However, any content posted by you using any open communication tools on ziteboard.com, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Ziteboard, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Online Whiteboarding.
  • You agree to indemnify and hold harmless Ziteboard and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  • We reserve the right to use your name, the company’s name you work at as a reference for marketing or promotional purposes on ziteboard.com and in other communication with existing or potential Online Whiteboarding users and customers. For example, we might list your company on one of our webpages. We don’t want to list users or customers who don’t want to be listed, so you may send an email to us stating that you do not wish to be used as a reference.
  • Users must be at least 13 years old. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Ziteboard account, or otherwise interact with the Service.Ziteboard will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Ziteboard knows is under 13 years of age. If Ziteboard discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Ziteboard will terminate the account and remove the information or other content.
  • Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Ziteboard account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.
  • You can cancel your subscription / recurring payments via your own Paypal account.
  • Refunds are subject to a fee of $5.

Limitation of Warranties

By using ziteboard.com, you understand and agree that all Online Whiteboarding we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • the use of our Online Whiteboarding will meet your needs or requirements.
  • the use of our Online Whiteboarding will be uninterrupted, timely, secure or free from errors.
  • the information obtained by using our Online Whiteboarding will be accurate or reliable, and
  • any defects in the operation or functionality of any Online Whiteboarding we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • any content downloaded or otherwise obtained through the use of our Online Whiteboarding is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • No information or advice, whether expressed, implied, oral or written, obtained by you from Ziteboard or through any Online Whiteboarding we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Ziteboard will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Online Whiteboarding, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on ziteboard.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Ziteboard, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Ziteboard.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of ziteboard.com and Online Whiteboarding with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Online Whiteboarding we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website can be accessed by most countries around the world. By accessing ziteboard.com, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Ziteboard EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: