Aboard Terms of Service

Last updated May 2023

Thanks for using Aboard.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Aboard Holdings LLC (“Aboard” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,“) or by using our Services, you agree to these Terms.

Our Privacy Policy explains how we collect and use your information while our Rules outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Rules. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

If you have any questions about these Terms or our Services, please contact us at feedback@aboard.com.

Your Account and Responsibilities

You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Your use of the Services must comply with our Rules.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

If you use the Services to access, collect, or use personal information about other Aboard users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For Personal Information you provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that Aboard’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

User Content on the Services

Aboard may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

Aboard reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law.

Rights and Ownership

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services that you make publicly available, you grant Aboard a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services. This grant does not apply to any spaces, stacks or cards that remain private and only accessible by you and others you’ve invited in.

This type of license also is needed to distribute your content across our Services. For example, you post a card on Aboard. It is reproduced as versions on both our website and app, and distributed to multiple places within Aboard, such as the mobile or in recommendations. A derivative work might be a list of top contributors on Aboard that uses portions of your content, again with full attribution. This license applies to our Services only, and does not grant us any permissions outside of our Services.

So long as you comply with these Terms, Aboard gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or Aboard trademarks, logos or other brand features.

Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

DMCA Policy

Aboard respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Aboard will respond expeditiously to claims of copyright infringement committed using the Aboard service and/or the Aboard website (the “Site”) if such claims are reported to Aboard’s Designated Copyright Agent:

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Aboard’s Designated Copyright Agent. Upon receipt of Notice as described below, Aboard will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. The DMCA Notice must contain:

Identify the copyrighted work(s) that you claim has been infringed
Identify the link(s) within the Aboard application to you claim is infringing
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
1. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authoriZed by the copyright owner, its agent or the law (e.g. as a fair use).
2. I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Aboard, and our officers, directors, agents, partners and employees (individually and collectively, the “Aboard Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Aboard Parties of any third-party Claims, cooperate with Aboard Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Aboard Parties will have control of the defense or settlement, at Aboard’s sole option, of any third-party Claims.

Disclaimers — Service is “As Is”

Aboard aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Aboard doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Aboard or through the Services will create any warranty or representation not expressly made in this paragraph. Aboard may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Aboard or the other Aboard Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Aboard and Aboard Parties won’t be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Aboard or the other Aboard Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Aboard and the other Aboard Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

Governing Law and Venue

These Terms and any dispute that arises between you and Aboard will be governed by New York law except for its conflict of law principles.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Aboard’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.