TheWatchBoard.com Terms of Use
We are pleased to make the TheWatchBoard.com forums (“TWB”) available for your enjoyment. As with most online communities, certain terms of use are in place to ensure that all users get the most from their participation. Your use of TWB is subject to your compliance with the Terms of Use described here. By partipating on TWB as a registered or non-register user, you acknowledge that you have read and accept these Terms of Use. TWB may deny service to you or delete posts at any time, including in the event that you do not adhere to the Terms of Use. TWB may change these Terms of Use at any time. Please READ THIS PAGE CAREFULLY before using the TWB website.
Copyright
The entire content of this site is copyrighted as a collective work under the United States and other copyright laws, and is the property of TWB. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TWB. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
General Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TWB or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Each user must use a single, consistent screen name.
Posting on forums
Specific rules guide posting policies in certain forums. Please read these policies prior to posting. As a rule, no replica or counterfeit items are permitted. When posting an item for sale, you must explicity state an asking price. Please refrain from including any picture in a post that contains nudity or refers to an adult theme. Posts that violate this rule may be edited or removed.
Violations
Violations of these Terms of Use may result in the suspension or revocation of your posting privileges on TWB with or without official notice. Any action taken by TWB is at our sole discretion.
Updates to Terms and Use
These Terms of Use may be modified from time to time. Your continued use of TWB signifies your acceptance of any modifications. If you have any questions about the Terms of Use, please contact David Keats at david@thewatchboard.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TWB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TWB does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TWB does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
TWB is a private website. We have no retail operations, online or otherwise.
TWB does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums. Users participate entirely at their own risk. TWB does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TWB is acting merely as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TWB reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TWB in its sole discretion.
Resolution of Disputes
In the event a legal dispute arises between you and TWB, you and TWB agree that any claim or disagreement at law or equity that arises out of these Terms of Use or your participation on TWB ("Claims") shall be resolved in accordance with one of the 3 subparagraphs below or as otherwise mutually agreed to by the parties in writing. Before resorting to these alternatives, we ask that you to first contact TWB to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
A. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or TWB may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or through written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
B. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Wake County, North Carolina or where the defendant is located (for TWB, Wake County, North Carolina, and for you, your home address or principal place of business). You and TWB agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina.
C. Alternative Dispute Resolution. Alternatively, TWB will consider use of other forms of dispute resolution such as binding arbitration to be held in Wake County, North Carolina or another location mutually agreed to by the parties.
All Claims except requests for injunctive or equitable relief must be resolved using the dispute resolution mechanism that is selected in accordance with the 3 subparagraphs above by the first party to file a Claim. Should either party file an action contrary to this Disputes section, the other party may recover attorneys' fees and costs up to $1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Your privacy
We will not sell or pass on your private details that we hold about you. All details held are required for the day-to-day running of TWB. However we reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.