The Virtual Whiteboard web site is owned, operated and made available by Tim Foster (The Owner).
Ownership and Trademarks
All copyrights, trademarks and other intellectual property rights in this web site (including, but not limited to, the site design, graphics and logos, and proprietary names) belong to The Owner.
All other copyrights, trademarks and other intellectual property rights refered to in this Web Site belong to their respective owners.
Copyright and database right
The Owner owns the intellectual property rights to the development and use of the Virtual Whiteboard Web site including the design and arrangement of any pages within it. The intellectual property rights include, without limitation, the software and databases used to display or generate any pages therein.
Warranty and Representation
To the extent permitted by law, information on this Web Site is provided on an “as is” and “as and when available” basis to users, without warranty of any kind, including, but not limited to, the implied warranties of service or merchantability, suitability, fitness for a particular purpose, or non-infringement of proprietary rights or otherwise.
The Owner reserves the right to modify the information contained within this Web Site without notice, and makes no commitment to updating the information contained within this website.
The Owner does not endorse the opinions of third parties expressed in this or linked web sites. The Owner provides no warranty or representation to the User of this Web Site regarding the content of any section of this Web Site.
Users of the Virtual Whiteboard Web Site should not rely on any opinions or advice expressed therein.
The Virtual Whiteboard Web Site may contain links to other web sites which are entirely independent of this Web Site.
The Owner makes no representation or warranty as to the accuracy, authenticity, reliability, suitability, quality or general content of any linked web site. Additionally, the presence of a link to another web site shall not in any way be construed as an endorsement by The Owner of the information, services or products presented within the linked web site.
The Owner makes no representation or warranty or condition to the User that the Virtual Whiteboard Web Site will be error-free or uninterrupted. This includes, but is not limited to any design or content of the web pages, availability and access to the Web Site, loss or corruption of data due to viruses or other harmful components.
Content created and included on whiteboards by any party other than The Owner remains the responsibility of the registered User.
The registered User is responsible for all Users that they authorise to create and amend content. As such it is the responsibility of the registered User to ensure that any trademarks, service marks, collective marks, designs, logos, graphics, text and similar, can be legitimately included on a whiteboard by their authorised Users, according to the design rights, personality rights or similar rights specified by the respective owners of each element on the whiteboard.
Unless otherwise stated, Virtual Whiteboard is neither endorsed nor affiliated with any of the holders of any such rights and as such The Owner can not grant any rights to use any otherwise protected materials.
The Owner will not monitor the content of whiteboards (unless specifically asked to do so by a registered User or relevant legal organisation), but reserves the right to remove any whiteboard or element thereof if it is deemed inappropriate for any reason.
License
Except as provided in ‘Permitted Uses’ below, nothing contained in the Virtual Whiteboard Web Site shall be interpreted as granting any licence or right under any of The Owner’s intellectual property rights, or under any third party’s intellectual property rights, and no part of the site may be copied, reproduced, adapted or distributed in any way.
The single-user registration license is for use by the applicant of the registration only, and must not be shared, lent, or transferred to another individual or entity without prior permission from The Owner.
Permitted Uses
The User is granted a limited, non-exclusive licence to make personal use of this Web Site, providing that this does not include any resale or commercial use of the services or the content presented as part of this Web Site.
Additionally, a limited, non-exclusive and revocable license is permitted to create a link to this web site, providing that (a) the link does not present the services and content of this Web Site (including the products and services of its affiliates and members) in a derogatory, offensive, misleading or otherwise inappropriate manner, (b) the copyright notice and other notices are presented appropriately, (c) you terminate the link if The Owner instructs you to do so.
Limitation of liability
Under no circumstances shall The Owner be liable to any user on account of that user’s use or misuse of or reliance on the Virtual Whiteboard Web site services arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if The Owner has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on the Virtual Whiteboard Web site services, from inability to use the Virtual Whiteboard Web site services, or from the interruption, suspension, or termination of the Virtual Whiteboard Web site services (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Virtual Whiteboard Web site services or received through any links provided in the Virtual Whiteboard Web site services, as well as by reason of any information or advice received through or advertised on the Virtual Whiteboard Web site services or received through any links provided in the Virtual Whiteboard Web site services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the Virtual Whiteboard Web site services or any information or merchandise that appears on, or is linked or related in any way to, the Virtual Whiteboard Web site services such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so liability is limited to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall The Owner be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Governing Law and Legal Compliance
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. All disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
The Owner controls the Web Site from within the UK, but as it can be accessed worldwide, the User should be aware that without regard to rules relating to conflict of laws, the Laws of England and Wales will apply to all matters relating to use of this Web Site.
General
These Terms and Conditions and any incorporated material or notices contained by reference, constitute the entire agreement with respect to the subject matter thereof. If any provision contained in these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, it shall be severed from these Terms and Conditions in that jurisdiction, without in any way invalidating the remaining provisions, which shall continue in full force and effect.
Revisions of these Terms and Conditions
The Owner reserves the right to change these Terms and Conditions at any time.
Virtual Whiteboard - Privacy Statement
Personal Details
Some areas of the Virtual Whiteboard Web Site may require entry of valid personal details (such as your email address).
Any such details are used only to verify the authenticity of the User, and will not be disclosed to any party (unless otherwise requested for legal reasons) without the User’s consent.
Information Storage
It is necessary for The Owner to hold the information entered by the User within the Web Site to provide functionality advertised on the Web Site. The Owner stores this information solely for the purpose of presenting Users with access to their own previously entered information.
This data will be kept for a reasonable period of time and will not be referenced unless any dispute or significant matter arises regarding any information exchanged between the User and The Owner. Under such circumstances it may be necessary to review specific material contained within the data stored by the Web Site.
