Terms of Service
We (the folks at Forumbee) run a hosted community forums service and would love for you to use it. We offer paid subscriptions that provide access to forums and community management features, which we host for you. Our service is designed to give you as much control and ownership over what goes in your community as possible and encourage you and your community members to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your community or get linked to from your community (things like spam, viruses, or hate content).
If you find a Forumbee community that you believe violates our terms of service, please contact us.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Forumbee, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Forumbee.com Account and Community. If you create a community on the Website, you are responsible for maintaining the security of your account and community, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the community. You must immediately notify Forumbee of any unauthorized uses of your community, your account or any other breaches of security. Forumbee will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Prohibited Businesses and Community Types. The following categories of businesses, business practices, and community types are prohibited from using the Forumbee Service ("Prohibited Businesses"). The types of businesses and communities listed below are representative, but not exhaustive. If you are uncertain as to whether your business or community is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.
By registering with us, you are confirming that you will not use the Service in connection with the following businesses, community types, business activities, business practices.
- Adult content and services. Pornography and other obscene materials (including literature, imagery and other media); offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
- Gaming. Gaming, internet gaming, video gaming, virtual worlds;
- Gambling. Gambling, sweepstakes, lotteries, auctions, sports forecasting or odds making, fantasy sports leagues;
- Politically-oriented. Political groups, movements or affiliations; political parties, political candidates, political activists, political protests; racially-centric groups;
- Regulated products or services. Marijuana dispensaries, e-cigarettes, e-liquids, online pharmacies, age restricted goods and services, weapons and munitions; products and services with varying legal status on a state-by-state basis;
- Advertising. Generating revenue from the sale of advertising on the community;
- Unfair, predatory, or deceptive practices. Includes get rich quick schemes, investment opportunities or other services that promise high rewards;
- Illegal activities. Any activity that violates federal, state, or local laws;
- Intellectual property or proprietary rights infringement. Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- Other. Use of the community to submit, transmit or display any content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Forumbee or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
- Responsibility of Contributors. If you operate a community, post a topic or comment in a community, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- THE CONTENT IS NOT SPAM, IS NOT MACHINE- OR RANDOMLY-GENERATED, AND DOES NOT CONTAIN UNETHICAL OR UNWANTED COMMERCIAL CONTENT DESIGNED TO DRIVE TRAFFIC TO THIRD PARTY SITES OR BOOST THE SEARCH ENGINE RANKINGS OF THIRD PARTY SITES, OR TO FURTHER UNLAWFUL ACTS (SUCH AS PHISHING) OR MISLEAD RECIPIENTS AS TO THE SOURCE OF THE MATERIAL (SUCH AS SPOOFING);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your community is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your community or forums within your community are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your community’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Forumbee or otherwise.
Without limiting any of those representations or warranties, Forumbee has the right (though not the obligation) to, in Forumbee’s sole discretion (i) refuse or remove any content that, in Forumbee’s reasonable opinion, violates any Forumbee policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Forumbee’s sole discretion. Forumbee will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Subscription plans to access Forumbee product features as well as paid services for additional page views, additional moderators, additional forums, or customization services are available on the Website (any such services, a “Subscription”). By selecting a Subscription you agree to pay Forumbee the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees are not refundable.
- Automatic Renewal.
Unless you notify Forumbee before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time from your Account page by selecting “Please cancel my account.”
- General Terms.
- Responsibility of Website Visitors. Forumbee has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Forumbee does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Forumbee disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Forumbee does not have any control over those non-Forumbee websites and webpages, and is not responsible for their contents or their use. By linking to a non-Forumbee website or webpage, Forumbee does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Forumbee disclaims any responsibility for any harm resulting from your use of non-Forumbee websites and webpages.
- Intellectual Property. This Agreement does not transfer from Forumbee to you any Forumbee or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Forumbee. Forumbee, Forumbee.com, the Forumbee logo, and all other trademarks, service marks, graphics and logos used in connection with Forumbee.com, or the Website are trademarks or registered trademarks of Forumbee or Forumbee’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Forumbee or third-party trademarks.
- Attribution. Forumbee reserves the right to display attribution links such as “powered by Forumbee,” in your community footer. Footer credits may not be removed regardless of subscription purchased.
- Changes. Forumbee reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Forumbee may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Forumbee may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS”. FORUMBEE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FORUMBEE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORUMBEE OR THE FORUMBEE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- LIMITATION OF LIABILITY. IN NO EVENT WILL FORUMBEE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID, IF ANY, BY YOU TO FORUMBEE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. FORUMBEE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS WITHIN OR OUTSIDE OF THEIR CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Indemnification. You agree to indemnify and hold harmless Forumbee, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Trademarks The trademarks, logos, and service marks (collectively the "Trademarks") displayed herein are registered and unregistered trademarks of Forumbee LLC, its affiliates and others. You can view trademarks owned by Forumbee LLC on LegalForce Trademarkia at this link: http://www.trademarkia.com/company-forumbee-llc-4239655-page-1-2. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein without the written permission of Forumbee LLC or such third party that may own the trademark displayed herein. Your misuse of the trademarks displayed herein, or any other content on this web site, except as provided herein, is strictly prohibited.
- Miscellaneous. This Agreement constitutes the entire agreement between Forumbee and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Forumbee, or by the posting by Forumbee of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Forumbee may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.