The Terms of Service apply to all users of the PUNKE.RS Service. Information provided by our users through the PUNKE.RS Service may contain references to third party websites (such as links or embedded media), that may not be owned or controlled by BoardCluster. BoardCluster has no control over posting of such links and does NOT assume any responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BoardCluster will not and cannot censor or edit the content of any third-party site. The PUNKE.RS Service Is Solely a Venue for User Content. BoardCluster does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the PUNKE.RS Service. The PUNKE.RS Service simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content from and between its users. By submitting an order or communication request through the site, you authorize BoardCluster to pass along the order or communication request to the relevant contact person or company. You understand that all content posted on, transmitted through or linked through the PUNKE.RS Service, is the sole responsibility of the person or party from whom such content originated. You acknowledge that BoardCluster does not own or control, and is not responsible for any claims, representation or warranties within the content made available through the PUNKE.RS Service, and that by using the PUNKE.RS Service, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must bear all risks associated with, the use of the PUNKE.RS Service and any content accessible therefrom. BoardCluster reserves the right, at its sole discretion, to review, edit or delete any material posted by Users. BoardCluster also reserves the right to refuse to forward or participate with any communication or user we feel is attempting to forward threatening, vulgar or harmful communication. If you see something on PUNKE.RS that you believe violates our Terms of Service, you should report it to us at firstname.lastname@example.org. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site. BoardCluster, at its sole discretion, will decide what actions are necessary to respond to reported content.
C. Prohibited Use of the BoardCluster Service: In consideration of being allowed to use the BoardCluster Service (or any portion thereof), you agree that the following actions, without limitation, shall constitute a material breach of the Terms of Service:
The PUNKE.RS Service makes it easy for you to communicate with others within your organization utilizing PUNKE.RS software application and platform. By adopting the PUNKE.RS Service in your organization, you are acting as the Company Administrator for your organization. In so doing, you agree that:
All aspects of the PUNKE.RS Service, including, without limitation, the design of PUNKE.RS Service and its component parts (including the PUNKE.RS software application and platform), PUNKE.RS created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BoardCluster or Projet ZETA and subject to copyright and other intellectual property rights under France and foreign laws and international conventions. BoardCluster reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the PUNKE.RS Service from BoardCluster, other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the PUNKE.RS Service for any commercial purposes.
The PUNKE.RS Service allows Members to post feedback, comments, questions, data, and other information on the site. You retain your rights to any content you submit (namely written text, images or video footage) (hereafter, “Content”), post, transmit or display on or through the PUNKE.RS Service. However, by submitting, posting or displaying Content on or through the PUNKE.RS Service, you grant BoardCluster a worldwide, nonexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any Content in any and all media or distribution methods (now known or later developed) solely as needed to provide the PUNKE.RS Service to you and investigate and address potential violations of the Terms of Service. By submitting Content, you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit to that we can provide the PUNKE.RS Service to you and investigate and address potential violations of the Terms of Service. Members should follow their particular company’s policies, guidelines, and procedures concerning the Content they post to the PUNKE.RS Service. Users may delete their own Content from the project, so long as they are a Member of that project. Company Administrators may be provided the option to delete Content of one or more Users in their project. In addition, you should note that if you are no longer an eligible member of a project (e.g., you cease to be employed by the relevant company), your access to your Content you uploaded may be terminated. Once a Member is removed from a project, the content of that Member remains on the project and is the sole property of the company which administers that project. By utilizing the PUNKE.RS Service, you agree to have the domain portion of your email address (“@yourcorp.com”) and/or the company, school, or organization name represented by such domain portion of your email address, listed on the PUNKE.RS website in a company directory listing (“Directory”). You are solely responsible for your interactions with other PUNKE.RS Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
All users of the PUNKE.RS Service represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material via the PUNKE.RS Service (including its website) constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by regular mail, setting forth the following:
BoardCluster reserves the right to modify, limit, suspend or terminate any and all services offered on or through the PUNKE.RS Service (or any feature thereof) for any reason, without notice, at any time. BoardCluster reserves the right to alter the Terms of Service or other PUNKE.RS policies at any time, so please review the policies frequently. You should regularly review the Terms of Service as posted on this web page to check for amendments and modifications. You understand and agree that if you use the PUNKE.RS Service after the date on which these amendments or modifications have been applied to the Terms of Service, BoardCluster will treat your continued use of the PUNKE.RS Service as acceptance of the updated Terms of Service. You may not amend or modify the Terms of Service and your obligations thereunder at any time without our prior written consent.
NEITHER BOARDCLUSTER NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY 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 BOARDCLUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE PUNKE.RS SERVICE. UNDER NO CIRCUMSTANCES WILL BOARDCLUSTER OR ITS AFFILIATES', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO BOARDCLUSTER FOR SERVICE OR 1€. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
BOARDCLUSTER PROVIDES THE PUNKE.RS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PUNKE.RS SERVICE IS AT YOUR SOLE RISK AND THAT BOARDCLUSTER DOES NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE PUNKE.RS SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE PUNKE.RS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PUNKE.RS SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE PUNKE.RS SERVICE WILL BE CORRECTED. BOARDCLUSTER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BOARDCLUSTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO INDEMNIFY AND HOLD BOARDCLUSTER HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST BOARDCLUSTER OR ITS OFFICERS, DIRECTORS OR EMPLOYEES. ARISING FROM OR RELATED TO YOUR ACTIVITIES OR CONDUCT ON OR THROUGH THE PUNKE.RS SERVICE.
The Terms of Service will be interpreted in accordance with the laws of France, without regard to its conflict-of-law provisions. You acknowledge and agree that any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Service or the PUNKE.RS Service shall be subject to the exclusive jurisdiction of courts located in Grenoble, France. You agree to submit to the personal jurisdiction of a court located in Grenoble, France. The choice of law of and exclusive venue in France apply to you regardless of where you are accessing the PUNKE.RS Service from and even if you are accessing the PUNKE.RS Service from outside of France.