This is the binding agreement between us and our Free and Premium Plan users. The previous version of the document can be found here.
Publication date: March 20, 2017
Effective date: May 1, 2017
These Terms constitute a legally binding agreement between you and us. By clicking the “I Accept” button in the Site or otherwise accepting these Terms through a clickable action or similar action, or by accessing, installing, using or otherwise exploiting our services; you hereby acknowledge, agree and accept the terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, you must immediately stop using the Service.
The words ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein refer to our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
General Rules of the Service Use
The RealtimeBoard service (hereinafter referred to as the “Service”) allows the user to upload, transfer, publish and distribute images, text, audio and video content (“Content”) in order to create personalized virtual desktops (“Boards”), and share this content through the Service (as well as third party websites). The user has an option of making the board public (“Public Board”) or private (“Private Board”). The Service combines creative thinking and technological knowledge to give the user an opportunity to create his/her own Boards (virtual whiteboards), publish them on the Internet and share them with friends and colleagues. Users have the right to use all the features of the Service, without interfering with other users.
To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.
These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to resolve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us.
We make the Content that the user shares with other users available through the Service, only to the extent specified by the user.
The user has the right to change publicity/privacy settings of the Board at any time according to the selected user account. The use of the Board and/or the corresponding Content is defined by the current settings.
Public Boards can be viewed by other users of the Service who has a URL link to a Public Board. Public boards embedded into third-party websites may be viewed by anybody. Private Boards can be viewed and used only by those to whom the user grants access to the Board.
When the user uploads the Content to the Service or through the Service, he/she provides to each user of the Service, with whom he/she shares the Board, a non-exclusive, free license to access, view and use the corresponding Content to the extent specified in the technical settings.
We are not obliged to check Boards present in the Service and is not responsible for the content published by the user. The responsibility for the content of the Boards and all Materials (Content) is borne by the user. RTB is not responsible for the publicity/privacy settings of the Board. The user must personally check availability settings of the Board.
If the user finds information on this site, which is considered undesirable or which otherwise violate these Terms, the user has the right to report it to us by email to firstname.lastname@example.org.
Certain components of the Service allow or require creation of an account (including a password). The user is solely responsible for maintaining confidentiality of the account information, including the password and any account activity. The user agrees to immediately notify RTB of any unauthorized use of the account or the password, as well as any breach of security.
Limitations When Using the Service
When using the Service, it is forbidden to perform the following actions, which will lead to the irrevocable blocking of the account:
Use of third-party applications or other means to improve/automate Service capabilities (ex. bots, bugs, fraud, cheating);
Posing as a member of the Service’s support team or any support group (administrators, moderators, consultants), either former or current;
Use of software errors (bugs) in the Service and transfer of information about them to third parties, except for RTB;
Total or partial forwarding, transfer, reproduction or distribution of the Content or any other material, which is protected by copyright, exclusive and other rights without the permission of the owner or the copyright holder;
Use of the Service and/or related services for fraudulent activities, including but not limited to fraudulent internal financial operations;
Posting or uploading of software that may disrupt the Service or damage other people’s computers;
Falsification, deleting or disabling of any copyright information, including references to the authors, legal acknowledgement of copyright, and other similar notes or reports, as well as indications of the source or the origin of the Content or other content protected by copyright;
Uploading, publishing, emailing, sending, or distribution of the content, which is illegal, harmful, threatening, insulting, vulgar, hateful, interfering with private life, racist, or controversial for ethical or any other reasons;
Transfer of viruses or any codes of destructive nature;
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
Distribute, post or otherwise make available any Content or any data that:
is not honest, true and accurate;
is a copy of an event, cause or campaign that already exists, to the point of confusion, or that does not add anything new in any way to our Site;
infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any race, individual or group;
endangers children and underage persons;
is or can be considered profane, scandalous, pornographic, indecent or otherwise objectionable, any item claiming to cure, treat, or prevent an illness or conditions, contests, coupons, gambling, raffles, energy food/drinks, genetically modified organisms, travel services, phone services, marketing services, political fundraising, weapons, replicas of weapons, weapon accessories, guns, financial, money-processing, or credit services, financial intermediaries, financial instruments;
is or allows illegal or fraudulent activities to take place;
is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or
is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, pornography, child pornography, binary options, Forex, pornographic or analogous.
Otherwise reverse engineer, decompile or extract the Services’ and/or Site’s source code;
Remit or otherwise make or cause to deliver unsolicited advertising, spam or other chain letters;
Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
Pretend to be or misrepresent any affiliation with any legal entity or third party.
For users found to be violating these Terms, we may immediately and without prior notice deny user access to the Service in part or in whole.
Since it is not always possible to determine the nature and the scope of violations, and we hereby reserve the right to take the final decision.
RealtimeBoard offers a variety of user accounts. Here you can find information about types of accounts offered by RealtimeBoard, as well as their features and pricing.
The price payable by you for subscription and access to the Services shall be the price stated by RTB in the applicable ordering document or as otherwise indicated in our Site (e.g. the price indicated in the “I Accept” button box on RTB’s website shopping cart).
If your account is set to auto-renewal or is in a trial period, RTB may then charge it automatically at the end of the trial or for the renewal period, unless you notify RTB that you want to cancel or disable your auto-renewal subscription. RTB may revise Service fees by providing you at least thirty (30) days prior written notice.
Any Service fee shall be exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT). Unless you provide proof of exemption to RTB, RTB will invoice you for all applicable sales, VAT or similar taxes, itemized separately. You are responsible for payment of all taxes, other than any taxes based on RTB’s net income. As a general rule, the Service fee is not refundable, except as expressly indicated by RTB.
Pay attention that you can cancel your paid subscription at any time. Your account will remain at the level for which you have paid until the end of the subscription period. At the beginning of the new period your account will be downgraded.
Except within 30 days since the first payment WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED.
We use third-party payment processors such as credit card and/or Stripe to bill you for any fees and Services provided through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. RTB is not responsible for any and all errors by the payment processors.
For more information, please see our pricing and billing details.
In order to protect both the personal information and the general information that we receive from you through your use of RealtimeBoard, we have implemented various security measures. For example, when you enter sensitive information on our online forms, we encrypt that information using secure socket layer technology (SSL). We also follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While RealtimeBoard strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using RealtimeBoard, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through your use of the RealtimeBoard and that any personal information, general information, or other data or information received from you through your use of RealtimeBoard is provided to us at your own risk, which you expressly assume. You can find more information about security practices employed at RealtimeBoard by visiting the security page.
You hereby acknowledge and agree that: (i) you do not acquire any ownership in the intellectual property rights for the Services (collectively, “RTB’s IP”), along with any and all intellectual property rights therein, including but not limiting to, trademarks, service marks, copyrights, database rights and computer code, whether pre-existing or developed during the course of this Agreement (including but not limited to all logic, programming, documentation, computer source and object code, layouts, templates, plans, notes, and the relevant computer code), and that ownership shall remain vested in RTB at all times and that you shall have no right to exploit, copy, amend, add to or otherwise alter any part thereof; and that (ii) RTB’s IP and all additions, modifications or improvements thereof coming into existence during the term hereof and all intellectual property rights derived therefrom are owned or controlled, in their entirety, by RTB
You agree to be identified as a customer of RealtimeBoard and you agree that RealtimeBoard may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in RealtimeBoard’s marketing materials and web site. You hereby grant RealtimeBoard a free, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to RealtimeBoard pursuant to this marketing section.
Disclaimer of Damages
To the fullest extent permissible under applicable law, the Services are provided to you “as is” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. RTB, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
RTB, and its Affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the Service or that it will meet your specific commercial requirements; that any Credit program, purchase history, royalty point history, product recommendation, nutrition recommendation and other generated suggestions of Service will be available or particularly useful or produce any results, that the operation of the Service will be uninterrupted or error-free, that the Service will interoperate or be compatible with any other software or device used by you or your Affiliates, that any errors in the Service will be corrected or that the Service will not be discontinued without previous notice.
No oral or written advice provided by RTB, its Affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.
Limitation of Liability
In no event shall RTB, its Affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Service, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to these Terms or the Service, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not RTB, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this Section, RTB’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
In no event, shall RTB’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed: (i) the actual price paid by you for the Services hereunder during the twelve months prior to the event giving rise to liability; or (ii) the amount of USD $100.00 (One Hundred United States Dollars); whichever results less, and henceforth any award for direct, provable damages shall not to exceed such total amount.
These Terms provides you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
Indemnification by You. You shall indemnify, hold harmless, and defend RTB, its Affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “RTB’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such RTB’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or Agreements made by you hereunder (to the extent not arising substantially from any breach hereof by RTB); (ii) any third party claim arising out of or in relation to any Service or use thereof in combination with your business platform, including without limitation, any claim that any Service or use thereof violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law; and (iii) any representation, warranty or guarantee made by you with respect to any of the Service that is inconsistent with or in addition to those made in these Terms.
Indemnification by RTB. RTB will indemnify you against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Service as supplied by RTB. As a material condition of this indemnity, you will: (i) promptly notify RTB in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow RTB full control over all negotiations and proceedings and give RTB all reasonable assistance.
The indemnifications obligations contained in this Section shall not apply to the extent that any claim against RTB’s Indemnitees arises as a result of or in relation to: (i) any content; (ii) use of the Service other than in accordance with these Terms and/or any applicable laws; (iii) use of the Service in combination with any software, service, or application not provided by RTB or approved by RTB in writing; (iv) any alterations or modifications of the Service not provided by RTB or not approved by RTB in writing.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you may contact us as indicated at the end of these Terms. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees. All complaints will be investigated promptly in accordance with RTB’s procedures in place.
You must notify us of your claim with subject: “Takedown Request”. Once received, RTB will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, RTB may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying RTB and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate. The preceding requirements are intended to comply with RTB’s rights and obligations under the DMCA, including 17 U.S.C. 512©, but do not constitute legal advice.
We reserve the right to screen our content to locate and delete any spam chain or unsolicited / deceiving email letters.
We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication (“CEM”) that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your Subscriber preferences. As our Subscriber, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our CEMs, and also in your account preferences. Here you can find more information about managing your emails from RealtimeBoard.
The user may delete his/her account at any time. Here you can find more information about profile removal.
Amendment. These Terms may be amended, edited or otherwise modified by RTB, at its sole and final discretion, provided that you will receive a notice of any amendments thereof via the Site or the Service at least thirty (30) days before changes enter into effect. If you continue to use the Service or access our Site after changes have been posted or they otherwise become effective, you will have provided your express acceptance thereof and you will be obliged to abide by them.
Binding Agreement. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors. This Agreement supersedes all prior agreements arrangements and understandings between the parties hereto and constitutes the entire agreement between the parties relating to the subject matter hereof.
California Residents Notice. As indicated in the California Civil Code, Section 17811.3, our California users have the right to be made aware of this information: the Service is provided to you by RTB. For any inquires or complaints regarding the Service, please contact our customer service team at the address indicated in our website. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916)
Equitable remedies: You hereby acknowledge and agree that if the terms of these Terms are not specifically enforced, RTB will be irreparably damaged, and therefore you agree that RTB shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of these Terms, in addition to any other available remedies.
Third party links and services. RTB has entered into agreements with certain authorized third party providers in order to promote, market and support its Services. If you purchase any part of our Services through our network of business partners, RTB confirms that it is responsible for providing the Services to its Subscribers under these Terms. Moreover, RTB shall not be liable for: (i) the actions of its business partners; (ii) any additional obligations that our business partners have to our Subscribers; or (iii) any products or services that our business partners may supply to our Subscribers under any separate terms or agreements, which shall govern such provision. The provision of such links does not imply any endorsement of such third party websites (or their products and services). We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof
No Warranty. You hereby acknowledge and agree that the Services have not been completely tested in all situations or devices, and that the Service may contain operational malfunctions or errors. Under no circumstances shall RTB incur any responsibility or liability for breaches of warranty caused by your onsite power, telecommunications, internet-connectivity or performance of cloud services provider or other environmental causes.
Independent Contractors. RTB and you are independent contractors, and neither party, nor any of their respective Affiliates, is an agent of the other for any purpose or has the authority to bind the other.
No Waiver. RTB’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Miscellaneous: These Terms represent the complete agreement concerning the Services between the parties regarding the subject matter hereof, and supersedes all prior agreements and representations between them. It may be amended from time to time only by RTB’s sole decision, through a notice to you or to any other user. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall remain in force. You may not transfer any of your rights or obligations under these Terms to any other person.
Minors. You hereby acknowledge that you are at least thirteen (13) years of age, or older, as of the date of first access to the Service and, if you are under the age of eighteen (18), you are using our Services under the direct supervision of your legal guardian or parent, and that you will not use the Service to collect any personally identifying information of persons under the age of thirteen (13).
Survival. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration therefrom, shall be deemed to survive for as long as necessary to fulfill such purposes. If RTB determines that a law or regulatory action prohibits, substantially impairs or makes impractical the provision of any Service, RTB may, at its sole discretion, upon simple notice to you and without any liability, terminate provision of part or all of the Service, in order to conform to such law or action.
Security, backup. You are responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security, protection and backup of your content.
Severability. In the event that any provision hereof or part thereof is found invalid or unenforceable, the remainder of these Terms shall remain valid and in force. Without limiting the foregoing, it is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect.
Representations and warranties: You hereby represent and warrant that: (i) you agree and oblige to comply with all applicable laws, rules and regulations applicable to the use of the Service; and (ii) you will not use the Service to infringe any intellectual property rights of any third party.
Export control. Your hereby agree not to use the Service if you or your users are barred from installing or using it under any of export control law, or if you or your users are located in a jurisdiction that is subject to United States of America sanctions regulations, which currently includes Cuba, Iran, North Korea, Sudan and Syria and which are subject to change as posted by the United States government.
Dispute Resolution. Forum, Governing Law
Mediation. In the event of any dispute arising out of or in connection with the present Agreement, the parties agree in the first instance to discuss and consider referring the dispute to non-binding mediation under the International Chamber of Commerce Mediation Rules. The language of the mediation shall be the English language.
Pretrial Procedure. In the event of any dispute arising out of or in connection with these Terms, a pretrial dispute resolution procedure is obligatory for you. Your claim should be sent to 201 Spear Street Suite 1100, San Francisco, CA 94105, USA. It should include a specific list of alleged violations on behalf of RTB, account login, contact information and your signature. Failure to comply with the form or content of the claim leads to the failure to comply with the pretrial dispute resolution procedure. The claim review and response period is 30 (thirty) business days from its receipt.
Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Nevada, United States of America, without giving effect to the principles thereof relating to conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Forum. If the dispute is not settled by the pretrial dispute resolution procedure, the dispute may be submitted by any interested party to the court at the location of RTB. Henceforth, the legal relationship of the parties related to the conclusion, execution and termination of these Terms is regulated by the substantive and procedural law, applicable at the place of registration of RTB, which shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms and no other courts shall have any jurisdiction whatsoever in respect of such disputes.
In case of violation of these Terms by you, you may be ordered to compensate all the legal costs incurred by RTB or its affiliates while the case is on trial, including costs of lawyers and representatives, travel expenses, state taxes and other similar fees, as well as losses incurred by RTB in connection with the violation of these Terms by you, including but not limited to loss of benefit and damage to business reputation.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against RTB shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and RTB, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.