This is LocalBillBoards License Agreement ("Agreement"), is a legal agreement between you (either as an individual developer or as a developer representative and on behalf of a single entity, known herein as "Licensee"), and LocalBillBoards, and its suppliers and licensors (collectively) for the use of the LocalBillBoards Software and or Services, which includes the LocalBillBoards application, internet application, computer software and associated media and printed materials, whether provided in physical form or received on-line in electronic form, and is for the sole purpose using as a subscriber under the Licensee Agreement (as defined below). By choosing "Accept," "I Agree," subscribing to, installing, copying, or otherwise using the Service or Software, you agree to be bound by the terms of this Agreement.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVELOCALBILLBOARDSED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE LOCALBILLBOARDS PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. LOCALBILLBOARDS IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
In consideration of the rights and licenses granted below, Licensee hereby agrees as follows:
a) "AI," or application interface, means the specific method prescribed by a computer operating system or by another application program (such as LocalBillBoards Server) by which a programmer writing an application program (such as a plug-in) can make requests of the operating system or the application program.
(b) "Break or Interoperability" means to: (i) Convert or Encapsulate, Transform code LocalBillBoards Files; and/or (ii) to impair or disable programs or applications that have access, or use LocalBillBoards Files.
(c) "Code" means the AIs, Header Files.
(d) " Functionality or Compromise Interoperability " means exposing a means or method (including, but not limited to, publicly defined interfaces or debugging information left in a Licensee Application) by which other programs, plug-ins, or applications can access or use: (i) the function of any part of this LOCALBILLBOARDS or the LOCALBILLBOARDS Client; or (ii) Content extracted
from LocalBillBoards Content.
(e) "Content" means digital audio (including, but not limited to, timeline-synchronized audio, music, voice, or sounds), digital video, and other digital information including data, metadata, text (including, but not limited to, script command data and related metadata such as a song title or an artist's name), animation, graphics, photographs, and artwork, and combinations of any or all of the foregoing.
(f) "Convert" means: (i) to decompose LocalBillBoards Content into one or more pieces of Content, and then to recompose into any form other than LocalBillBoards Content; or (ii) to remove any protection from LocalBillBoards Content for any purpose not explicitly authorized by LocalBillBoards flags of the license for that Content, including, but not limited to, writing that unprotected LocalBillBoards Content to disk or to a network.
(h) "Digital Rights Management Systems" or "LOCALBILLBOARDS" are plug-ins to, or components of, certain LOCALBILLBOARDS products that are designed to manage and enforce intellectual property rights in Content, including, but not limited to, LOCALBILLBOARDS's proprietary digital rights management software that enables enforcement of business rules and license-based access to LocalBillBoards Files, consistent with the terms and conditions of this Agreement.
(i) ".DLL Files" means the LOCALBILLBOARDS proprietary .dll and/or Shared Library files included in the LOCALBILLBOARDS
(j) "Encapsulate" means to place any form of containment around any portion or entirety of Content in LocalBillBoards Files,with the exception of standard file-system and network protocol containment not specific to the form or function of any digital media playing software. For purposes of this definition of "Encapsulate," example protocol and standard file-system exceptions include, but are not limited to, the Windows File Allocation Table file system, and the TCP/IP network protocol.
(k) "Header File" means a text file that defines the interfaces available to a programmer. A Header File contains AIs. At the time of LOCALBILLBOARDS use.
(l) "Licensee Application" means the software application developed by Licensee that, subject to the terms and conditions of this Agreement: (i) delivers a live LocalBillBoards File stream to a LOCALBILLBOARDS server; and/or (iii) is an input file reader plug-in, pre-filter plug-in, or post-filter plug-in for use with the command line version of the LocalBillBoards from LocalBillBoards or a third party application also built using this LOCALBILLBOARDS. "Input file reader plug-in," "pre-filter plug-in,"
and "post-filter plug-in" as used herein have the definitions set forth in the documentation accompanying the LOCALBILLBOARDS.
(m) "New Version" means any update, upgrade, and any and all corrections, modifications, enhancements, bug fixes, or successor versions of the LOCALBILLBOARDS issued by LOCALBILLBOARDS during the Term, and any update, upgrade, and any and all corrections,
modifications, enhancements, bug fixes, or successor versions to the Licensee Application created by Licensee during the Term.
n) "Object Code" means a file that contains the compiled version of source code. Object Code contains a sequence of instructions that a computer processor can read, but that, in contrast to source code, is difficult for a person to understand or modify.
(o) "LOCALBILLBOARDS Client" means any LOCALBILLBOARDS client application used for playing multimedia (p) "LOCALBILLBOARDS Marks" means LocalBillBoards(tm), and such other trademarks or registered trademarks of LOCALBILLBOARDS, (q) "LocalBillBoards File(s)" or "LocalBillBoards Content" means any Content encoded in LocalBillBoards, LocalBillBoards Video, or any other LOCALBILLBOARDS
codec or secured by the LOCALBILLBOARDS includes without
(r) "Sample" means the samples included in the LOCALBILLBOARDS, which consist of source code and a project file for compiling, and are located in the subdirectory of the "samples" directory in the LOCALBILLBOARDS.
(s) "Transform code" means to alter the current encoding or form of music files that was decoded from its original form, including by way of example but not limited to: (i) decompression of an audio or video stream and recompression using a different compression algorithm; and (ii) decompression of an audio or video stream and recompression using the same compression algorithm but with different settings. "Transform code" includes Converting.
1. ACCEPTANCE OF TERMS
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license
terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
2. DESCRIPTION OF SERVICE
Local BillBoards provides Service to it�s users with access to a rich collection of community content.
You also understand and agree that the Service may include certain communications from Local BillBoards, such as community posts that include announcements, messages, and or ads and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that may augments or enhance the current Service, including the release of new Local BillBoards properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that Local BillBoards assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees. You are responsible for those fees, including any additional fees associated with the display or delivery of any other content, either not provided by Local BillBoards or provided independently by a different third party content provider. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you are a legally bound representative of your
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
You also understand and agree that the Service may include certain communications from Local BillBoards, such as community posts that include announcements, messages, and or ads and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that may augments or enhance the current Service, including the release of new Local BillBoards properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Local BillBoards assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees. You are responsible for those fees, including any additional fees associated with the display or delivery of any other content, either not provided by Local BillBoards or provided independently by a different third party content provider. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Local BillBoards and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account informatioin upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Local BillBoards of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Local BillBoards cannot and will not be liable for any loss or damage arising from use of this service.
6. MEMBER CONDUCT
You understand that all information ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Local BillBoards, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Local BillBoards does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Local BillBoards be liable in any way for any Content, 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 via the Service. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, contains (including, without limitation, any child pornography or child erotica) or racially, ethnically or otherwise objectionable; or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Local BillBoards official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information, leads or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
h. Upload, post, email, transmit or otherwise make available any material 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. �stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that Local BillBoards may or may not pre-screen Content, but that Local BillBoards and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the
Service. Without limiting the foregoing, Local BillBoards and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by Local BillBoards or submitted to Local BillBoards. You acknowledge, consent and agree that Local BillBoards may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Local BillBoards, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is
subject to usage rules set by Local BillBoards and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Local BillBoards NETWORK
When you register with Local BillBoards, you acknowledge that in using Local BillBoards services to send electronic communications, you will be causing communications to be sent through Local BillBoards's computer networks, portions of which are located in a variety of states and abroad. As a result, and also as a result of Local BillBoards's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Local BillBoards does not claim ownership of Content you submit or make available for inclusion on the Service.
10. CONTRIBUTIONS TO Local BillBoards
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Local BillBoards through its suggestion or feedback WebPages, unless otherwise explicitly agreed, you acknowledge and agree that:
a. your Contributions do not contain confidential or proprietary information;
b. Local BillBoards is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c. Local BillBoards shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d. Local BillBoards may have something similar to the Contributions already under consideration or in development
e. your Contributions automatically become the property of Local BillBoards without any obligation of Local BillBoards to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Local BillBoards under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Local BillBoards and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Local BillBoards ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Local BillBoards may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on Local BillBoards's servers on your behalf in a given period of time. You agree that Local BillBoards has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Local BillBoards reserves the right to log off accounts that are inactive for an extended period of time.
14. MODIFICATIONS TO SERVICE
For Demonstration Accounts, where the user is not licensed to use the Service on a paid subscription basis, Local BillBoards reserves the right to terminate usage at any time and for any reason, without recourse.
15. TERMINATION
You agree that Local BillBoards may, under certain circumstances and without prior notice, immediately
terminate your Local BillBoards account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof)
(e) unexpected technical or security issues or problems
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your Local BillBoards account includes
(a) removal of access to all offerings within the Service, including but not limited to Local BillBoards Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Local BillBoards's sole discretion and that Local BillBoards shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Local BillBoards may, at its sole discretion based on the reason for termination above, return any unused subscription payments to the user.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Local BillBoards shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Local BillBoards has no control over such sites and resources, you acknowledge and agree that Local BillBoards is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Local
BillBoards 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. Local BillBoards PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Local BillBoards or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Local BillBoards grants your business or organization a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Local BillBoards for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Local BillBoards AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. Local BillBoards AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Local BillBoards OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Local BillBoards AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Local BillBoards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Local BillBoards and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24. NOTICE
Local BillBoards may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
25. TRADEMARK INFORMATION
The LocalBillBoards, Local BillBoards, and Local BillBoards logo trademarks and service marks and other Local BillBoards logos and product and service names are trademarks of Local BillBoards (the "Local BillBoards Marks"). Without Local BillBoards prior permission, you agree not to display or use in any manner the Local BillBoards Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Local BillBoards respects the intellectual property of others, and we ask our users to do the same. Local BillBoards may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 contact Local BillBoards at: By email: admin@LocalBillBoards.net
27. GENERAL INFORMATION
The Entire Agreement. The TOS constitutes the entire agreement between you and Local BillBoards and governs your use of the Service, superseding any prior agreements between you and Local BillBoards with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Local BillBoards services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Local BillBoards shall be governed by the laws of the State of Mississippi without regards to its conflict of law provisions or waiver and severability of terms. The failure of Local BillBoards to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Local BillBoards account is non-transferable and any rights to your Local BillBoards ID or contents within your account terminate upon the expiration of your subscription agreement. Upon termination all contents of your account may be permanently deleted. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to admin@LocalBillBoards.net.