Terms of Service

Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.passboards.com/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the shared photo and video service accessible via the Passboards mobile application (“App”) and the website located at www.passboards.com (the “Site”) offered by Passboards, Inc. (“Passboards,” “we,” “us” or “our”). To make these Terms easier to read, the App, our services and the Site are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PASSBOARDS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. The Services are for personal use by individuals.

2. Privacy Policy.
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, in the App and/or by sending you other communications, and we will update the “Last Updated” date at the top of these Terms. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion, except that changes to Passboards Premium are subject to Section 8(m).

4. Who May Use the Services?
You must be at least 18 years of age to use the Services, and not otherwise barred from using the Services under applicable law. By using the Services you represent and warrant that you are 18 or older. The Services are not directed to, and may not be used by, anyone under 18. If we learn that an account belongs to someone under 18, we will delete it. In order to use the App you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

5. Feedback.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Your Content.
(a) Posting Content. Our Services allow you to store and share content such as photos, videos, text (in posts, titles, captions, comments and messages), places you choose to attach to a post, board or event, and profile information. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Passboards does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Passboards a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense to the service providers that help us run the Services, to use, host, store, copy, resize, re-encode, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content solely in connection with operating, providing, improving and promoting the Services. For example, we make smaller and re-encoded copies of your photos and videos so they load quickly, we strip location and device metadata from the files you upload, and we show your User Content to the people you share it with. This license ends when you delete the User Content or your account, except that (i) copies may persist for a limited time in backups (see our Privacy Policy), (ii) content you have shared with others may have been copied, saved or downloaded by them, and (iii) we may retain content where required by law or to enforce these Terms.
(c) Who Sees Your Content. Boards, profiles and clubs can be public or private. Public boards and profiles can be found and viewed by anyone, including on the web at passboards.com without an account; public clubs can be found in the App. Private boards can be seen only by the people who have been added to them, and private profiles and clubs only by approved followers or members. When you post to a board that belongs to someone else, the other members of that board can see, like, comment on and (if they subscribe to Premium) download your post. If you leave a board or club, the posts and messages you contributed stay there for its members. Deleting your account removes your posts and comments; messages you sent stay with the people you sent them to, attributed to a deleted account (see Section 12).
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms, including the permission of the people who appear in the photos and videos you post where the law requires it. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Passboards on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Removal of User Content. You can remove your User Content by deleting it in the App. You should know that in certain instances, some of your User Content may not be completely removed right away and copies of your User Content may continue to exist for a limited time (for example, in backups, or where another member has saved or downloaded it). To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Passboards’ Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

7. Rights and Terms for Apps.
(a) App License. If you comply with these Terms, Passboards grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal mobile devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
(b) Additional Information: Apple App Store. This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

8. Passboards Premium (Paid Subscriptions).
(a) What Premium Is. Everything in Passboards — boards, clubs, events, messages and posting — is free. “Passboards Premium” (“Premium”) is an optional paid subscription that changes how your media is kept and what you can take with you. While you are subscribed: (i) the photos and videos you post are kept at the quality your camera produced (with location and device metadata removed), up to 4 GB per file — a file larger than that is kept at standard quality only; (ii) you can download and export any post you have access to at the best quality that exists for it, without a watermark; (iii) videos you post can be up to 10 minutes long, instead of 3 minutes for free accounts; and (iv) a blue check appears on your profile. Free accounts can view all media in the App but cannot download or export it.
(b) The Blue Check. The blue check means only that the account holder pays for Premium. It is not a verification of anyone’s identity, and it does not mean Passboards has confirmed who the account holder is. You can hide your own blue check in the App’s settings at any time.
(c) Availability. Premium may not be available in every country, and we may introduce it, offer it, or withdraw it from sale at any time. Nothing in these Terms obliges us to offer Premium.
(d) Billing Through Apple. Premium is sold as an auto-renewing subscription, billed either monthly or annually, and purchased only through the Apple App Store using your Apple Account (formerly Apple ID). Apple, not Passboards, processes your payment and holds your payment details. The price shown in the App Store purchase sheet before you confirm, in your local currency, is the amount Apple will charge; Apple tells you whether tax is included for your country. By subscribing you authorize Apple to charge your Apple Account payment method at the price shown.
(e) Automatic Renewal. Your subscription renews automatically at the end of each subscription period (monthly or annually, whichever you chose) at the price of your subscription, unless that price has changed as described in Section 8(h), and Apple charges your payment method within 24 hours before the end of the current period, unless you cancel at least 24 hours before the current period ends. If you switch between monthly and annual billing, Apple’s rules determine when the change takes effect and whether the difference is prorated.
(f) How to Cancel. You can cancel at any time in your Apple Account subscription settings (on your iPhone: the Settings app › your name › Subscriptions › Passboards), or from the App where a “Manage Subscription” link is offered, which opens the same Apple page. Deleting the App, or deleting your Passboards account, does NOT cancel your subscription — you must cancel with Apple. Cancellation takes effect at the end of the current period: you keep Premium until then, and you are not charged again.
(g) Refunds. Because Apple handles all payments, Passboards does not issue refunds and cannot process a refund for you. Refund requests go to Apple (for example at reportaproblem.apple.com) and are decided under Apple’s policies. Passboards does not offer pro-rated refunds for part of a subscription period; whether any refund is given is decided by Apple. Nothing in this Section limits refund or cancellation rights you have under the law where you live. If Apple refunds or reverses a charge, or revokes the subscription, your Premium benefits end immediately.
(h) Price Changes. We may change the price of Premium. If we do, Apple or Passboards will notify you before the new price takes effect, and Apple’s rules determine whether your subscription continues at the new price or requires your consent. If you do not agree to a new price, cancel before the change takes effect and you will not be charged the new price.
(i) Free Trials and Introductory Offers. We may, from time to time, offer a free trial or an introductory price. Whether an offer is available, how long it lasts and what it costs afterwards are shown in the App Store purchase sheet at the time of the offer. If a free trial is offered, your subscription converts to a paid subscription at the price shown when the trial ends unless you cancel at least 24 hours before it ends; Apple’s rules determine your eligibility, and if you switch to a different plan during a trial, any unused trial time may be forfeited under Apple’s rules. If no offer is shown, none applies.
(j) Restoring Purchases. If you reinstall the App or sign in on a new iPhone, an active subscription bought with the same Apple Account can be reconnected using the “Restore Purchases” option where the App offers it.
(k) When a Subscription Ends. If your subscription expires, is cancelled, is refunded or is revoked, then from that moment: (i) we do not delete, downgrade or re-encode originals already stored because your subscription ended; (ii) new photos and videos you post are kept at standard quality only, and are no longer retained as originals; (iii) downloads and exports stop; (iv) the video length limit returns to the free limit; and (v) the blue check disappears. Subscribing again restores the Premium benefits then offered, including access to any originals still stored for your posts.
(l) Account Deletion. Deleting your Passboards account deletes the originals stored for you together with everything else in your account (see Section 12). It does not cancel your Apple subscription; cancel it with Apple as described in Section 8(f), or you may continue to be charged for a subscription attached to a deleted account, which we cannot refund.
(m) Changes to Premium. We may add to, change or remove Premium features or the limits described above. We will give you reasonable notice of any reduction through the App or by email before it takes effect. If a change materially reduces what you paid for and you do not want to continue, you can cancel as described above; cancellation does not entitle you to a refund from Passboards for any period already charged.
(n) Apple’s Terms. Your purchase is also subject to Apple’s Media Services Terms and Conditions and the App Store’s subscription rules, which control in the event of a conflict with this Section as to billing, renewal, cancellation and refunds.

9. General Prohibitions and Passboards’ Enforcement Rights.
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) depicts or sexualizes a minor in any way, or depicts any person in a sexual or intimate manner without that person’s consent;
(vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity;
(viii) promotes illegal or harmful activities or substances, or self-harm; or
(ix) contains another person’s private information (such as their address, phone number or identity documents) without their permission;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Passboards’ name, any Passboards trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Passboards’ express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Passboards’ computer systems, or the technical delivery systems of Passboards’ providers;
(d) Attempt to probe, scan or test the vulnerability of any Passboards system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Passboards or any of Passboards’ providers or any other third party (including another user) to protect the Services, including the limits that apply to free accounts;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Passboards or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use the Services to sell goods or services, or in any manner not permitted by these Terms;
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(j) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(k) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission, including by uploading contact information of people who have not agreed to be found;
(l) Impersonate or misrepresent your affiliation with any person or entity;
(m) Create accounts by automated means, or create more than one account to evade a suspension, block or limit;
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the foregoing.
Passboards is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. The App lets you flag posts and comments, report club chats and block other users; we review reports but do not promise a particular outcome or response time. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. DMCA/Copyright Policy.
Passboards respects copyright law and expects its users to do the same. It is Passboards’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe content on the Services infringes your copyright, please send a notice to our designated copyright agent as described in Passboards’ Copyright Policy at www.passboards.com/copyright-policy, which is part of these Terms.

11. Links to Third Party Websites or Resources.
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

12. Termination and Account Deletion.
(a) By Us. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you, including if you breach these Terms, if we are required to by law, or if we discontinue the Services.
(b) By You. You may delete your account at any time in the App under Settings › Account Deletion, or by emailing us at [email protected] from the email address on your account. Deletion is immediate and permanent: your profile, the boards you own (and everything posted to them), your posts and comments on other people’s boards and on club boards, your likes, saves, follows and notifications, and any stored originals are removed from our live systems, your contact hashes stop being matchable, and your username and email address are released. Direct messages and club-chat messages you sent remain visible to the people you sent them to, attributed to a deleted account. Copies may persist in backups for a limited time as described in our Privacy Policy. Content that other members already downloaded or saved is outside our control. Deleting your account does not cancel a Premium subscription (see Section 8(l)).
(c) Survival. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6(b), 6(d), 6(f), 8(g), 8(l), 9, 12, 13, 14, 15, 16, 17 and 18.

13. Warranty Disclaimers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. The Services are not a backup service: keep your own copies of any photos and videos that matter to you, whether or not you subscribe to Premium.

14. Indemnity.
You will indemnify and hold Passboards and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

15. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PASSBOARDS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PASSBOARDS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PASSBOARDS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PASSBOARDS FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PASSBOARDS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Passboards are not required to arbitrate will be the state and federal courts located in the County of San Francisco, and you and Passboards each waive any objection to jurisdiction and venue in such courts.

17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Passboards agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Passboards are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND PASSBOARDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

18. General Terms.
(a) Reservation of Rights. Passboards and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms, together with the Privacy Policy and the Copyright Policy, constitute the entire and exclusive understanding and agreement between Passboards and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Passboards and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Passboards’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Passboards may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Passboards under these Terms will be given: (i) via email to the address on your account; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Passboards’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Passboards. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information.
If you have any questions about these Terms or the Services, please contact Passboards at [email protected], or by mail at Passboards, Inc., PO Box 127, Danville, CA 94526, United States.