Terms of Use

Welcome to the website THE TRACKING BOARD, a web site currently found at www.tracking-board.com, www.track-board.com, and which also currently owns and operates The websites (“Sites”) located at (i) http://groups.google.com/group/the-tracking-board-forums?hl=en and (ii)  https://forum.tracking-board.com, all of which fall directly under this “Terms of Use” agreement (unless otherwise stated in the site specific terms or guidelines). THE TRACKING BOARD (“TB”) operates these Sites to provide online access and exclusive information for subscription-based members, users and film and TV professionals (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Sites and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

TB reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Sites following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Sites: You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about TB products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. TB reserves complete title and full intellectual property rights in all Content, unless specified otherwise by a specific site’s set of terms or guidelines. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You further agree to protect the proprietary rights of TB during and after the term of this agreement.

Service & Payment: The TB Service is located on the aforementioned Sites.  Upon confirmation of your payment for an annual subscription, you are allowed to access the protected areas of the Sites.  You will be granted access to the website found at www.tracking-board.com or www.track-board.com using a monthly password that we will provide.  All other Sites will be accessible via your acceptance of a Google Groups invitation, or registration confirmation from another site.  Individuals may not share the password or allow others to use the password, or their account sign-in information.  Those Individuals without a subscription, are granted access to the unprotected, free areas of our site, however, are still bound by these Terms of Use.  All subscriptions must be paid in US dollars via the Paypal links provided.  All members, users and Individual’s subscriptions to any of the Sites can be terminated at any time, solely at the discretion of the Site Owners, and with no warning or reasons provided to said users, members or Individuals.  TB also reserves the right to terminate or deny any members, users, or Individual’s subscriptions at any time, without notice.  Refunds are granted only within the first five (5) business days or purchase, and will see the deduction of a $25 service fee.  All memberships to TB/IOTG or purchased at promotional rates are non-refundable.  Any members who join the “Forum” section of the sites, will no longer be eligible for a refund. All yearly subscriptions will auto-renew unless the subscriber cancels their membership via their Paypal account.  Members and subscribers are responsible for their account renewals and cancellations.  Failure to cancel your account does not warrant or require any refund or reimbursement from TB.

Copyright: The Sites and the Content are protected by U.S. and/or foreign copyright laws, and belong to TB or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by TB or other copyright owners who have authorized their use on the Site. Unauthorized use of this Site or the Proprietary Material may violate copyright laws, patent laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, distribution, redistribution, reproduction, publication, republication, uploading, downloading, transmission, or use by you of any such material or any part of the Sites, except as allowed by these Terms of Use, is strictly prohibited.  The use of any such information or material on any other web site, network, or document is prohibited by these Terms of Use. You do not acquire ownership rights to any content, document or materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Cancellation: All cancellations must be completed by the User via their Paypal account.  All payments are for a 360-day cycle, and will not be pro-rated for cancellation.

Trademarks: You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Links to Third-Party Web Sites: Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by TB of the third party, the third-party web site, or the information contained therein. TB is not responsible for the availability of any such web sites. TB is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of TB affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Downloading Files: TB cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimer of Warranties: TB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITES. TB DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITES, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability: IN NO EVENT WILL TB BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITES, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITES, THE SERVICE, OR THE CONTENT, EVEN IF TB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TB’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1.00.

Indemnification: You understand and agree that you are personally responsible for your behavior on the Sites. You agree to indemnify, defend and hold harmless TB, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Sites, the Service, or the Content, or any violation by you of this Agreement.

User Conduct: You agree to use the Sites only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Sites in any manner that might interfere with the rights of third parties.

Password Security: If you register to become a TB member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.  Failure to comply with the Terms of the Password Security, will see your membership subscription banned immediately and you will no longer be granted access to any of the TB Sites, without warning.

Entire Agreement/No Waiver: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by TB of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. TB therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. TB does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, TB’s Privacy Policy, your use of the Sites, any other TB web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.

Updated On: January 18, 2011.  All Member Subscribers, and Individuals agree to these Terms of Use, as Originally Stated January 1st, 2009.

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