TERMS OF USE

This website, including any successor domains, mobile versions, in-location based games, microsites, and online applications (collectively, the “Site”), is owned and/or operated by BarBoards, LLC (“BarBoards,” “we,” “us,” or “our”).  These Terms of Use (“Terms”) form a binding legal agreement between you and BarBoards, and they govern your access to and use of the Site.  We may update these Terms from time to time at our sole discretion.    

By accessing, browsing, or continuing on to view or use the Site in any manner, you agree to be bound by the current version of these Terms as well as any additional terms posted for specific pages or features.  If you do not agree to all of these Terms, you must immediately discontinue use of the Site.

If you are accessing the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to “you” and “your” will mean both you as an individual and the organization on whose behalf you are acting.  The foregoing applies whether you are accessing the Site as an employee, volunteer, or affiliated staff member of such organization. 

A. Scope of License. Subject to your compliance with these Terms, BarBoards grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for its intended, lawful purposes, including accessing information, participating in eligible programs, and submitting content or data as permitted by the Site’s functionality.  You may use the features and functionality made available to you through the Site only as they are intended to be used and only in accordance with applicable law and these Terms.  You may only use the Site if you are at least 18 years old.  Please note that we make no guarantees that the Site is compatible with your device, operating system, browser, or network.  BarBoards reserves all rights not expressly granted in these Terms.

This license does not include any right to reproduce, modify, distribute, display, perform, or create derivative works from the Site or its content, except where expressly permitted by these Terms or clearly indicated on the Site in connection with specific features or materials.  Unless expressly permitted by these Terms, you may not use the Site for any commercial purpose unrelated to BarBoards’ services, nor may you interfere with or circumvent the normal operation or security of the Site.  

B. Information You Provide. By visiting or interacting with this Site, you may provide information to us through forms, uploads, emails, or other input features.  This may include your name, contact details, image, likeness, organization affiliation, or technical identifiers such as browser metadata. By providing your image, name, or likeness as part of the information, you grant to BarBoards a non-exclusive, worldwide, royalty-free, sublicensable, revocable license to use, reproduce, display (including publicly on a television in an in-person venue), modify, and distribute such image and likeness solely in connection with the operation, promotion, and maintenance of the Site. This license does not transfer ownership of your image or likeness, which remains with you.

You may revoke this license at any time by providing written notice to BarBoards at info@barboards.tv. Upon receipt of such notice, BarBoards will cease any new uses of your image or likeness, but may continue to use materials already created or distributed prior to revocation. If you revoke this license, you agree to immediately cease all use of and access to the Site. To the extent applicable, if you upload images that may contain biometric information, such images and biometric data shall be subject to BarBoards' Biometric Policy and the BarBoards' Biometric Consent Form, both of which are incorporated herein by reference, and that you clicked through in order to use the Site.

You understand and agree that we may collect, use, retain, and disclose this information for any lawful business purpose, including but not limited to responding to your inquiries, facilitating program participation, facilitating BarBoards services, including games, coordinating service delivery, improving the Site, analyzing usage trends, generating aggregated insights, or complying with applicable law.

By continuing to use this Site, you agree that any personal information submitted or passively collected (including through cookies or technical monitoring) is subject to and governed by these Terms and our other policies, as updated from time to time, regardless of when it was originally collected. 

C. Entities Providing Organizational Information. If you are an organization, agency, or other entity that creates an account or submits information for publication on the Site, you are responsible for maintaining the accuracy and integrity of your content.  By submitting information, you represent that it is accurate and complete to the best of your knowledge at the time of submission, and you agree to make reasonable efforts to keep it current. 

You are solely responsible for your account credentials and any activity that occurs under your account.  You may not share your login credentials with unauthorized users. 

By submitting content through the Site, you grant BarBoards a nonexclusive, royalty-free, worldwide license to use, reproduce, publish, modify and display such content in connection with the Site and BarBoards’ related programs, services and mission.

All submitted content must comply with applicable laws and standards of accuracy, professionalism, and appropriateness.  BarBoards reserves the right to remove, modify, or correct any information that is outdated, misleading, or otherwise inconsistent with its mission, without notice or liability. 

D. End User Accounts and Service Use. If you create an account to access services through the Site, you are responsible for keeping your login credentials confidential and for all activity under your account. Some services may be subject to eligibility requirements, which may include factors such as age, location, or other program-specific criteria. 

BarBoards does not guarantee eligibility or access to use the Site. BarBoards makes no representations or warranties regarding the timing, availability, delivery, or completeness of any services provided or the Site.

E. Intellectual Property; Limited License.  The Site and all content contained on it, including text, graphics, logos, videos, layout, design, and code, are the property of BarBoards or its licensors and are protected by copyright, trademark, patents, and other applicable intellectual property laws.  Your use of the Site does not grant any ownership rights or licenses beyond the limited, revocable rights expressly set forth in these Terms.

You may access and view the Site and its contents for your own internal or informational use, but you may not copy, reproduce, modify, download, publish, or distribute any part of the Site without our prior written consent, except to the extent such use is facilitated by built-in Site features (such as share or print functions, to the extent that they exist).  All other uses are prohibited.

Even if specific use of Site content has previously been authorized, that authorization is limited to the defined context and does not convey any broader license or right.  Any commercial use, modification, or reuse beyond the original authorization requires separate, express permission in these Terms or by clear indications on the Site in connection with specific features or materials.

We make every effort to respect third-party intellectual property rights and to use properly licensed or original materials throughout the Site.  If you believe any content has been used in error, please contact us at info@barboards.tv so we may address it appropriately.  

F. User Obligations; Restrictions. You agree to use the Site only for lawful purposes and in compliance with all applicable local, state, federal, and international laws.  You may not interfere with or disrupt the operation, security, or accessibility of the Site or other users’ experience.  You must also not: (1) share, rent, sell, sublicense, or transfer any rights in the Site or its content; (2) reverse engineer, decompile, or attempt to derive the source code of the Site; (3) modify, frame, mirror, or create derivative works of the Site without express written permission; (4) use the Site to harass, defame, threaten, deceive, spam, or otherwise violate the rights of others; (5) use any automated tool, script, bot or similar method to scrape, extract, or reuse any personal contact information posted on the Site (e.g., agency listings, staff details, or disclosures) for marketing, outreach or other unauthorized purposes; (6) post or transmit any content that includes personal names, contact information, social security numbers, dates of birth, physical addresses, URLs, HTML, or executable code; (7) post or transmit any content or images that are lewd, explicit, violent, harassing, or otherwise inappropriate; or (8) use any bots, automated tools, malware, or unauthorized software to access, interact with or monitor the Site.  Any attempt to violate these restrictions is a breach of these Terms and may subject you or your organization to civil or criminal penalties, including under laws governing intellectual property, computer fraud, and data privacy.  

You are solely responsible for any data or content you submit to the Site and for ensuring you have proper authorization to share it.  Do not submit or provide government or financial identifying numbers, or other sensitive personal data, unless:  (i) you are submitting it on your own behalf in order to receive services we provide; (ii) you are submitting it on behalf of another individual pursuant to valid legal authority or their documented consent; or (iii) you are expressly authorized to do so by a separate agreement with us. Please note that any images and associated content you provide are intended for public publication on the Site, and by submitting them, you acknowledge that you have no expectation of privacy with respect to such materials.

G. Communications and TCPA Consent. By providing your contact information, including your mobile telephone number, you consent to receive communications from us via email, phone call, SMS/text message, or in-app notification, including those made using automated systems, prerecorded or artificial voices, or automatic telephone dialing systems (ATDS), where permitted by law.  These communications may include, but are not limited to, service updates, delivery or scheduling notices, program information, account-related alerts, reminders, or other messages related to your participation in BarBoards’ services or offerings.  Message and data rates may apply.  

If you install or use any mobile application associated with our services, you may also receive push notifications or in-app messages, which you can control through your device settings. 

You may revoke your consent at any time by contacting us or following any opt-out instructions provided in a message.  By submitting your contact details, you confirm you are the authorized user and agree that your consent applies even if your number is listed on a federal or state Do Not Call registry.  We may still send non-promotional messages as required or permitted by law. 

H. Disclaimer of Content Accuracy or Update Obligations. We aim to provide accurate and timely information, but we do not guarantee the completeness, accuracy, or currency of any content on this Site.  Materials are offered for general informational purposes only and may contain errors, omissions, or outdated information.  We reserve the right to modify or remove content at any time, without notice.

To the fullest extent permitted by law, all content is provided “as is,” without warranties of any kind, express or implied.  You assume all risk in relying on Site materials, and we disclaim any liability for your use or interpretation of them.

We are responsible only for our own content, and only to the extent required by applicable law. We do not monitor third-party content and are not obligated to act unless and until we receive specific notice of unlawful material.  Upon receiving such notice, we may take action at our discretion, consistent with legal obligations, if any. 

I. Third Party Content, Services and Links. This Site may display, host, or publish information provided by third parties (such as other Site users), as well as links to third-party websites, services, or materials (collectively “Third Party Content”).  We do not independently verify, control, or assume responsibility for any Third Party Content, including its availability, accuracy, legality, security, or any associated goods or services.  

We may make Third Party Content available as a convenience or resource, but inclusion of such images, content or links does not constitute an endorsement, affiliation, or recommendation by BarBoards.  Access to Third Party Content, whether displayed on this Site or linked externally, is at your own risk, and you are solely responsible for reviewing and complying with all applicable third-party terms and privacy policies governing how your data is collected and used by those third parties.  

To the fullest extent permitted by law, we disclaim all liability for any loss, harm, or damages arising from or related to your access to, use of, or reliance on any Third-Party Content.

J. Service Providers. This Site may, now or in the future, include access points to certain features that are provided through independent third-party service providers. These services may not be operated or controlled by us, and we are not responsible for their content, performance, or data practices.  Where applicable, we take appropriate steps to ensure our engagement with service providers complies with relevant laws and regulations, including those relating to data privacy and security.  However, by choosing to access or use these services, you acknowledge and agree that we are not liable for the acts, omissions, or policies of such service providers.  Any questions, issues, or claims regarding those services should be directed to the service provider directly.

K. Consent to Cookies, Pixels and Third Party Tracking Technologies. This Site may use standard internet technologies, including cookies, pixel tags, and other tracking tools, to enhance user experience, analyze site performance, support service delivery, and, where applicable, enable advertising or third-party integrations.  These technologies may allow us and selected third parties to collect or receive information about your interactions with the Site, including pages visited, features used, and content viewed.

By using this Site, you acknowledge and agree to our use of such technologies, and you consent to any data collection or sharing that occurs as a result, subject to our Privacy Policy.  If you do not consent, your sole remedy is to immediately discontinue use of the Site.

You may choose to manage or restrict certain tracking tools through browser settings or third-party extensions.  However, we do not guarantee the effectiveness of such tools, and some features of the Site may not function properly if tracking is disabled.  We are not responsible for any limitations, failures, or unintended consequences that may result from your attempts to block or restrict cookies or other tracking mechanisms.

L. Google Analytics. We may use analytics tools such as Google Analytics to better understand how visitors interact with our website.  These tools may use a combination of technologies, including first-party cookies, pixel tags, device identifiers, and browser signals, to collect information about your visit.  While we do not send your personal information to Google, Google may associate your visit to our site with a broader profile it maintains from your use of other websites and services.  We receive only aggregated, anonymized reports that help us understand general trends, such as visitor location, device type, age range, and behavior on our site.  We use this information to evaluate and improve our website, outreach efforts, and service offerings.  For more information on how Google collects and processes data via Google Analytics, please visit: https://policies.google.com/technologies/partner-sites.  

M. Internet Access and Service Availability Disclaimer. We do not guarantee that the Site or its features will be available at all times or operate without interruption.  From time to time, access may be limited or unavailable due to scheduled maintenance, technical issues, or factors beyond our control, including failures in internet connectivity, network infrastructure, or device compatibility.  We reserve the right to suspend, modify, or discontinue any part of the Site at any time, without notice or liability.

You are solely responsible for securing your own internet connection, data plan, and device functionality necessary to access the Site.  We do not provide internet connectivity and are not liable for disruptions caused by third-party service providers, outages, or other connectivity failures.  Your use of the Site is at your own risk.

While we implement reasonable safeguards to protect communications, you acknowledge that internet transmissions are never fully secure.  We cannot guarantee the absolute confidentiality or security of information shared via the Site.  By using the Site, you accept the inherent risks of internet-based communications and agree that we shall not be held responsible for any unauthorized access, interception, or data loss beyond our legal obligations. 

N. Optional Interactive Features. From time to time, the Site may include or enable optional tools or interactive features for your convenience, such as account registration, AI-driven chat support, integrations with mapping or location services (e.g., Google Maps), use of device sensors (e.g., camera, microphone, or geolocation), or other enhancements.  These features may be operated by us or by third-party providers.  By choosing to use any such features, you agree to do so in compliance with all applicable laws and any additional terms or privacy notices that may apply, whether provided by us or by the relevant third party. 

If any of our Site features require account registration at any time, you will be responsible for safeguarding your login credentials and for all activity under your account; providing accurate, current information; and notifying us promptly of any unauthorized access or security breach.  We may suspend or terminate your use of any feature if we detect inaccurate information or misuse.

Your use of any interactive or embedded tools is at your own risk.  We do not guarantee the availability, accuracy, or security of these tools and disclaim any liability related to their use.  For information about how we collect and process data associated with these features, please see our Privacy Policy. 

O. Children’s Privacy. The Site is not directed to children under 13 and is not intended for their use.  We do not knowingly collect personal information from anyone under 13.  If you are under 13, do not use the Site or submit any personal information.  If we learn that we have inadvertently collected such information, we will delete it promptly and may terminate access without notice or liability.  You agree not to provide us with personal information of any child under 13, and you will indemnify and hold us harmless from any claims, liabilities, or costs (including attorneys’ fees) arising from your violation of this section.  

P. Termination and Suspension of Access. We reserve the right to change, suspend, or terminate access to the Site, or any part of it, at any time and for any reason, or no reason at all, without notice and without liability to you. We may also impose limits on your use of the Site at our discretion.  

These Terms remain in effect until terminated by either you or us.  You may terminate your obligations under these Terms at any time by ceasing all use of the Site and deleting any materials obtained from it.  If you violate these Terms, your license to access and use the Site will automatically terminate without notice.  Any continued use of the Site after termination may subject you to legal liability.  We reserve the right to take any action we deem appropriate, including pursuing injunctive relief, damages, or other remedies available under law or equity.

Q. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, FEATURES, SERVICES, AND FUNCTIONALITY ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE SPECIFICALLY DISCLAIM ANY WARRANTIES RELATED TO GEOLOCATION ACCURACY, NETWORK CONNECTIVITY, DATA TRANSMISSION, LANGUAGE TRANSLATION, DEVICE COMPATIBILITY, OR THIRD-PARTY PLATFORMS AND CONTENT.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY US OR OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. 

In addition, the Site may include third party features or information.  These features rely on information submitted by third parties or other users and may be subject to availability, eligibility requirements, and operational limitations outside our control.  We do not guarantee the accuracy, completeness, or timeliness of any listings, delivery services, or program availability. We reserve the right to modify or discontinue these features at any time without notice or liability.

R. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE AND ALL CONTENT AND FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND.  IN NO EVENT SHALL BARBOARDS, OUR AFFILIATES, SUBSIDIARIES, PARENT ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, LICENSORS, SUPPLIERS, OR REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, PERSONAL INJURY, PROPERTY DAMAGE, DEVICE MALFUNCTION, SERVICE INTERRUPTIONS, OR ANY OTHER COMMERCIAL OR PERSONAL LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE.  YOU FURTHER AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO YOUR USE OF THE SITE SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). 

If applicable law does not allow a complete exclusion of liability, this limitation will apply to the greatest extent permitted.  You agree to indemnify, defend, and hold harmless us and the Released Parties from and against any and all third-party claims, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of a third party. 

S. Governing Law.  These Terms, the Privacy Policy, and your use of the Site are governed by the laws of the State of Texas, without regard to its conflict of law rules.  You agree that any dispute or claim arising out of or relating to your use of the Site, these Terms or the Privacy Policy shall be brought exclusively in the state or federal courts located in Harris County, Texas.  You irrevocably consent to the personal jurisdiction and venue of those courts.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.  To the fullest extent permitted by law, you waive any right to pursue claims on a class, collective, or aggregate basis and agree that no such claims may be joined with those of any other individual or entity.  By continuing to use the Site after reviewing these Terms, you acknowledge and accept the data practices in effect, and you agree that any future access is undertaken knowingly and voluntarily.  If any portion of this section is found unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect. 

If you access the Site from outside the United States, you do so at your own initiative and risk. You are solely responsible for compliance with any local laws that may apply.  By using the Site, you consent to the application of U.S. law and jurisdiction to your use of the Site and any information you submit through it, regardless of your location. 

T. Amendments. BarBoards may revise these Terms at any time in its sole discretion.  It is your responsibility to review them periodically.  Your continued use of the Site after any update constitutes your acceptance of the then-current Terms, including with respect to information or data you previously provided or made available, to the extent permitted by applicable law.  For non-material changes, optional notice may be provided via the Site or email; for other changes, we may require your affirmative acknowledgment (e.g., by clicking to accept) before granting further access to the Site or certain features.  If you do not agree to any updated Terms, you must discontinue all further use of the Site. 

V. Survival. Any provision of these Terms that requires or reasonably contemplates the performance or existence of obligations by a Party after expiration or termination of these Terms shall survive such expiration or termination regardless of the reason for expiration or termination.

W. Severability. If any provisions of these Terms or the application of any provision herein to any person or circumstance is held invalid or unenforceable, only that provision shall be affected, and the remainder of these Terms (and the application of such provision to other persons or circumstances) shall remain in full force and effect.

X. Legal; Contact Us.  These Terms, together with the Privacy Policy, constitute the entire agreement between you and BarBoards regarding your use of the Site and supersede any prior and contemporaneous understandings, agreements, representations, and warranties.  If you have questions about these Terms or wish to contact us regarding legal or compliance matters, you may write to us at info@barboards.tv.