Terms and Conditions

Welcome to myblueboard®. The (https://myblueboard.com) website and all associated webpages are furnished by myblueboard, LLC. (“myblueboard®”, “we”, or “us”) and is intended to provide a music educator management platform designed to help directors, educators, students, parents, volunteers, and other users manage, communicate and participate in various platform-related activities. In addition to the myblueboard® Site, myblueboard® makes available other products, services and applications through and in conjunction with the myblueboard® Site (collectively, “Services”). These Terms and Conditions are an agreement between myblueboard, LLC and any and every user of the myblueboard® Site and/or Services (“you”, “your”, etc.). The Terms and Conditions govern your access to, and use of, the myblueboard® Site and Services.

By clicking on the “I Agree” checkbox or by accessing, browsing, or otherwise using the myblueboard® Site or Services, you agree to be bound by these Terms and Conditions, including any subsequent changes or modifications to them, which together with our Privacy Policy (https://myblueboard®.com/privacy) govern the relationship between myblueboard® and all users of the myblueboard® Site and Services. If you do not agree to these Terms and Conditions or any changes, do not access or otherwise continue to use the myblueboard® Site and Services. Your right to access the myblueboard® Site and Services terminates immediately upon any breach of these Terms and Conditions.

Intended Purpose

The myblueboard® Site and Services are intended to be used by subscribing organizations (“Subscriber(s)”) to assist in the management of fine arts programs and other multi-member programs (“Programs”) by facilitating communication by and between those organizing and managing the Programs (“Program Administrator(s)”), staff and personnel associated with the Programs (“Staff”) and the members of the various Programs (“Members”) to manage the schedules, equipment and other items used by Members and Staff of the Programs. This is the “Intended Purpose” of the myblueboard® Site and Services. The Intended Purpose does not include commercial use of any kind, nor does it include the storage, use or sale of information outside the myblueboard® Site. Information made available to you through your use of the myblueboard® Site and Services is for use solely for the Intended Purpose.

Authorized Access To The myblueboard® Site And Services

You represent and warrant to myblueboard® that you are authorized by these Terms and Conditions to access the Site and Services. You further represent and warrant that:

• If you are accessing the myblueboard® Site or Services on behalf of a Subscriber or Program, you represent and warrant that you are authorized to agree to these Terms and Conditions on behalf of such Subscriber or Program and bind such Subscriber or Program to these Terms and Conditions (in which case, the references to “you” and “your'' in the Terms, except in this sentence, refer to that Subscriber or Program). You also certify that you are legally permitted to use and access the myblueboard® Site and Services and take full responsibility for the selection, use of, and access to the myblueboard® Site and Services, including that you have the permission to communicate with anyone you choose to interact with through the myblueboard® Site and Services, and while such Subscriptions are current, may authorize access by Program Administrator(s) if you are acting for a Subscriber, and authorize access by (Program) Members if you are a Program Administrator;
• All registration information you submit will be accurate and truthful;
• You will maintain accuracy of such information.

Program Administrator(s) and Staff of a Subscriber may access the Program’s myblueboard® Site and Services and use the myblueboard® Site and Services to establish and manage that Program for the Subscriber.

Members (including students) and staff of a Subscriber, if and so long as authorized or invited by the Subscriber or Program Administrator(s), may register as Staff, and once registered, access and use the myblueboard® Site and Services.

• If you are accessing the myblueboard® Site or Services as Staff or as a Member, you represent and warrant that you are authorized to do so and will abide by these Terms and Conditions;
• You also certify that you are legally permitted to use and access the myblueboard® Site and Services and have, if required, obtained the consent of your parent or legal guardian to do so;
• All information you submit to the myblueboard® Site or Services will be accurate and truthful; 
• You will maintain accuracy of such information.

Subscribers, Program Administrators, Staff and Members may only access those portions of the myblueboard® Site and Services made specifically available to them. Any access or attempted access to other portions or functions of the myblueboard® Site and Services is strictly prohibited and may result in the imposition of civil and criminal penalties as well as loss of access to the myblueboard® Site and Services.

Authorized Use Of The myblueboard® Site And Services

The myblueboard® Site and Services may be used solely for the Intended Purpose. All other uses of the myblueboard® Site and Services are strictly prohibited.

The myblueboard® Site and Services may be used solely for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law, rule or regulation is strictly prohibited. The myblueboard® Site and Services will comply with all applicable laws, rules or regulations and, in the event of any conflict with these terms, such laws, rules and regulations shall take precedence.

You agree not to impersonate any other person or entity or use any false name or use any other person's user login and password to access the myblueboard® Site or Services. We reserve the right to withdraw or cancel any user logins and passwords at any time without notice and in our sole and absolute discretion. We may allocate (or refuse to allocate) a new user login and password where we have reason to believe that any user login and password has been inappropriately disclosed, discovered, used or misused by any person, or for any other reason.

If you are a Member, you agree that their user profiles may be viewed by Subscribers, Staff, or other Members of the Programs of the Subscriber; this includes their profile photos or avatars.

You agree that any information that they provide to the myblueboard® Site and Services, including first name, last name, email address, and any other information will be collected, maintained and used in order to provide the Services to their Programs in accordance with these Terms, our Privacy Policy, and any agreement entered into by the Subscriber or Program.

You acknowledge and agree that they will not upload or transmit (using the myblueboard® Site or Services) any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets), or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us and that we may delete or block any such material, in our sole and absolute discretion without the consent of Subscribers, Program Administrators, Staff or Members.

myblueboard® takes no responsibility to filter, censor, edit or regulate information and content provided by you or others on the myblueboard® Site and Services, including content uploaded in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to view and remove or delete anything you disclose or offer to us by or through the myblueboard® Site and Services, including email, postings, which we find offensive, abusive, infringing or undesirable for any reason at our discretion.

Spamming, or the sending of unsolicited email, from our servers or using an email address or domain that is maintained on our machine as reference is strictly prohibited. Framing, mirroring, scraping or data-mining of the myblueboard® Site and Services or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the myblueboard® Site and Services any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive program.

Minors under the age of 18 years may not become Program Administrator(s) or Subscribers. If you have registered a user profile on behalf of a minor (as a parent or guardian or otherwise), or otherwise authorized a minor to use a user login or password to access the myblueboard® Site and Services, you are fully responsible for: (i) the online conduct of such user; (ii) controlling the user’s access to and use of the myblueboard® Site and Services and (iii) the consequences of any misuse.

myblueboard® requires that the parents or legal guardian of a minor under age of 13 years to confirm their authority and affirmatively consent to the use of the myblueboard® Site and Services by such minors. myblueboard® will provide access to a minor’s account to the minor’s parents, legal guardian or other authorized adult, upon such adult’s request consistent with applicable law.

Protection Of Member Information

For detailed information on how the myblueboard® Site and Services collects, and uses your personal information, please see our Privacy Policy at https://myblueboard.com/privacy.

Ownership And Copyright

The myblueboard® Site and Services is our property including brands, products, prices, services and promotional programs, advertising, trademarks, audio and video, images, featured articles, surveys, applications, or other information and content (collectively, “Content”), each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.

Specifically, the myblueboard® Site and Services are copyrighted as our collective work under the copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, nor may it be downloaded except as necessary to facilitate the Services for the Intended Purpose. Your access to Content is not a transfer of title in any Content, and by your use of the myblueboard® Site and Services, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. myblueboard® does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the myblueboard® Site and Services.

Use or modifications of the Content, other than to use the myblueboard® Site and Services for the Intended Purpose, without our authorization is a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including, but not limited to, the laws of privacy and publicity and communications regulations and statutes.
Any altered use of our Content on any other web site without our express written consent is prohibited.

myblueboard® reserves the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery of any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.

Feedback

myblueboard® may provide you with a means to provide feedback, ideas, testimonials, or suggestions (“Feedback”) regarding the myblueboard® Site and Services. If you choose to provide Feedback to us, you agree that you retain no rights in such Feedback. myblueboard® shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to us. By providing Feedback to us, you warrant that such Feedback constitutes your original work and grant to us, the unlimited, perpetual right to own, use, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, and you warrant that you waive all “moral rights” in such Feedback.

Publicity

The Subscriber permits the myblueboard® Site and Services to include the Program’s Name, School and/or School District in a list of myblueboard® Site and Services customers, online or in promotional materials, and to verbally reference the Program’s Name, School and/or School District as a customer.

Your Liability

You are solely responsible for your activities on the myblueboard® Site and Services, including all Content that you submit or a third party submits on your behalf or using your account as well as all Content you post on our social media pages. You agree to indemnify myblueboard® and its directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms and Conditions, and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your identity.

Additional Terms

This Agreement applies to all users of the myblueboard® Site or Services including Subscribers.

If you are, for example, a student, parent or volunteer who is invited to be or added as a member of a class or group by a Program Administrator, you are a Member. If you are Staff and have been given administrative rights, then you are a Program Administrator. If you are agreeing to this Agreement on behalf of a Program, such as a school or school district, club, community group or team, you are a Program. Please read on below to find out what additional terms apply to you.

If you are a Program (such as a school, school district, club, community group or team):

You are responsible for maintaining the accuracy of the information relating to your Program. If at any time you learn that a user of the Services claims to be affiliated with your Program but is not, in fact, affiliated with your Program, or of any other inaccuracy relating to your Program’s information, you will remove that user from your Program and, if appropriate, notify myblueboard® immediately by contacting support@myblueboard.com. 

If the myblueboard® Site and Services acknowledges you as a Program Administrator of your Program, you may have the ability to perform the following tasks:

• Invite and add other Program Administrators and Members to the Services,
• View and manage users and information affiliated with your Program,
• Add, move, or remove Program Administrators and Members from your Programs,
• Connect and upload or sync information relating to Programs, Members, classes and/or groups using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Information Systems (SIS)),
• Join classes and groups created by Program Administrators affiliated with your Program, communicate directly with Members affiliated with your Program,
• Access and manage information and Members submissions, and
• View the contact information, which will include personally identifiable information, of all Members connected with your school or district, as appropriate, and see which of those users received communications from your school, school district, club, community group or team.
• IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. The myblueboard® Site and Services may use the information you upload to the Services in order to verify Programs' and Members' affiliations and otherwise to help us provide you with the Services.

Fees; Payment; Enterprise Discounts; Late Fees; Account Disablement

The Subscriber shall pay Fees for access and use of the myblueboard® Site and the Services as set forth in an applicable online payment, purchase order, invoice, quote, or as otherwise agreed upon. Unless specified otherwise in the invoice, (if applicable), all Fees are due thirty (30) days from the invoice date. Discounts are only valid sixty (60) days from the original invoice.

myblueboard® has the right to charge interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date for any delinquent payments until paid in full. The Subscriber will be responsible for all reasonable expenses (including attorneys' fees) incurred by the myblueboard® Site and Services in collecting delinquent amounts. myblueboard® has the right to disable your myblueboard® Site and Services Account if delinquent until such a time your myblueboard® Site and Services Account is in good order.

myblueboard® reserves the right to charge a reasonable hourly fee for services related to services that fall outside of myblueboard®'s regular customer service practices. These hourly fees are transparent and communicated as extra charges to the customer prior to performing them.

Transaction Fees and Processing Costs

When using the myblueboard online shop or processing fees through the platform, all transactions will be subject to standard credit card processing fees charged by third-party payment providers such as Stripe or Paypal.

In addition to these third-party processing fees, myblueboard applies a 1% fee on all transactions. This fee helps support the continued development, maintenance, and enhancement of our platform’s payment and fundraising features.

By using myblueboard’s payment processing features, you acknowledge and agree to these fees. All transaction fees are automatically applied at the time of purchase and will be reflected in the final transaction total.

For any questions regarding transaction fees or payment processing, please contact support@myblueboard.com

Links And Third Party Content

The myblueboard® Site and Services may provide links on the myblueboard® Site to other third party sites or content. myblueboard® has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked by the myblueboard® Site and Services. myblueboard® provides links to you only as a convenience, and the inclusion of any link on the myblueboard® Site and Services does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the myblueboard® Site and Services, our Terms and Conditions no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

Disclaimers Of Warranties And Limitations Of Liability

You acknowledge that the myblueboard® Site and Services are provided “as is” and without any warranties of any kind whatsoever. Neither myblueboard®, nor any of our employees or agents, warrant that the services will be uninterrupted, error free, or free from viruses or other harmful components. myblueboard® is not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or completeness. myblueboard® expressly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

Under no circumstances will myblueboard®, its officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the myblueboard® Site and Services be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results or use of the myblueboard® Site and Services, any websites linked to the myblueboard® Site and Services, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other websites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions or conduct of any Member or other third party. Any cause of action you may have with respect to your use of the myblueboard® Site or Services must be commenced within one (1) year after the claim or cause of action first arises. myblueboard®’s maximum liability related to the myblueboard® Site and Services shall be $100.00.

To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions, you nonetheless agree that myblueboard®’s maximum liability related to the myblueboard® Site and Services shall be $100.00.

You assume all responsibility and risk for the use of the myblueboard® Site and Services and the Internet in general.

myblueboard® is not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the myblueboard® Site and Services. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of visiting the myblueboard® Site and Services. myblueboard® has no legal duty to update or correct information on this website or the Internet in general.

myblueboard® has attempted to properly display the colors and proportions of our products and services shown on the myblueboard® Site and Services. However, colors and proportions may not appear accurately depending on your equipment.

Applicable Law

This Terms and Conditions and any transactions on this Service shall be governed by and construed in accordance with the laws of Ohio applicable to agreements made and entirely to be performed within the State of Ohio, without resort to its conflict of law provisions.

No Injunctive Relief

IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, TO ENJOIN OR RESTRAIN THE OPERATION OF THE myblueboard® SITE OR SERVICES.

Arbitration

ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT RESOLVED BY MUTUAL AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION. UNLESS OTHERWISE AGREED BY THE PARTIES, ARBITRATION SHALL BE HELD IN COLUMBUS, OHIO BEFORE A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, OR IF THE PARTIES CANNOT MUTUALLY AGREE, A SINGLE ARBITRATOR WILL BE APPOINTED IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY IMH AGENCY, LLC UNLESS SPECIFICALLY MODIFIED IN THESE TERMS. THE ARBITRATION MUST COMMENCE WITHIN FORTY-FIVE (45) DAYS OF THE DATE ON WHICH A WRITTEN DEMAND FOR ARBITRATION IS FILED. THE ARBITRATOR’S DECISION AND AWARD WILL BE MADE AND DELIVERED WITHIN SIXTY (60) DAYS OF THE CONCLUSION OF THE ARBITRATION AND WITHIN SIX (6) MONTHS OF THE SELECTION OF THE ARBITRATOR. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD DAMAGES OF ANY SORT OR AMOUNT DISCLAIMED IN OR LIMITED BY THESE TERMS AND MAY NOT MULTIPLY ACTUAL DAMAGES OR AWARD PUNITIVE DAMAGES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, ASSESS COSTS AND EXPENSES (INCLUDING THE LEGAL FEES AND EXPENSES OF THE PREVAILING PARTY) AGAINST ANY PARTY TO A PROCEEDING. ANY PARTY REFUSING TO COMPLY WITH AN ORDER OF THE ARBITRATOR WILL BE LIABLE FOR COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY THE OTHER PARTY IN ENFORCING THE AWARD. NOTWITHSTANDING THE FOREGOING, IN CASE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF IS APPROPRIATE, myblueboard® MAY PROCEED IN COURT WITHOUT PRIOR ARBITRATION FOR THE PURPOSE OF AVOIDING IMMEDIATE AND IRREPARABLE HARM. THE PROVISIONS OF THIS ARBITRATION SECTION AND ANY AWARD RENDERED BY THE ARBITRATOR WILL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

YOU UNDERSTAND THAT EXCEPT FOR THESE TERMS, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THE CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Exclusive Jurisdiction, Venue And Jury Trial Waiver

As to any dispute or claim not subject to arbitration, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal court in Franklin County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms and Conditions and shall be tried to a judge and not a jury.

Class Action Waiver

ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. NO ARBITRATOR OR COURT SHALL HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION OR COURT CASE. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.

Waiver And Severability

The failure of myblueboard® to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. Some of the waivers and limitations of your rights set forth in these Terms and Conditions may not be enforceable in certain jurisdictions, and therefore you may have additional rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.

Termination For Breach Of These Terms and Conditions

myblueboard® may suspend or terminate any access or use of the myblueboard® Site and Services for failure to comply with these Terms and Conditions, for providing myblueboard® with untrue or inaccurate information, for infringement upon myblueboard®’s proprietary rights, or for any reason whatsoever, or for no reason.

Website Tracking

We reserve the right to monitor our website electronically and to access and disclose any information as is permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason we in good faith deem necessary.

Digital Millennium Copyright Act (“DMCA”) Notice

Third Party Materials and other materials may be made available via the myblueboard® Site and Services by third parties not within our control. This may include music and other products we sell that are the copyrighted works of publishers, content uploaded by users and other materials. We are under no obligation to, and do not, scan content posted or otherwise attempt to confirm that such content does not infringe. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the myblueboard® Site and Services. If you believe any materials on the myblueboard® Site and Services infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of the copyright holder or authorized representative;
• Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
• Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit myblueboard® to locate the material;
• Your name, address, telephone number and, if available, e-mail address;
• A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; and
• A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

DMCA Notices should be directed by email to: support@myblueboard.com or by mail to: myblueboard®, 520 Hill Road North, #686, Pickerington, Ohio, 43147.
It is myblueboard®’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that myblueboard® determines are reasonable under the circumstances.

myblueboard® Trademarks

Logos and designs and other trademarks displayed on the myblueboard® Site and Services are our trademarks unless otherwise indicated. You agree not to display or use any logo or other trademark of myblueboard® in any manner without our prior, written consent.

Company’s Right To Provide Advertisements And Promotional Materials

By accepting these Terms and Conditions, you agree to receive advertising, marketing materials, and other promotional communications from us. Periodic advertising and notifications from or about us and our products and services will normally be, but is not limited to, email and other electronic or other communication. If you do not wish to receive some or all e-mail marketing communications, email us at: support@myblueboard.com. 

Termination; Repeat Infringer Policy

We reserve the right, without notice and in our sole and absolute discretion, to terminate your account and your license to use the myblueboard® Site and the Services and to block or prevent future access to and use of the myblueboard® Site or Services. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is myblueboard®'s policy to terminate, in appropriate circumstances as determined in our sole and absolute discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. If you believe your copyright has been violated by material uploaded by a user of the myblueboard® Site and Services, please email us at support@myblueboard.com. 

Regarding Ohio Senate Bill 29

In compliance with Ohio Senate Bill 29, myblueboard® will promptly prepare and provide public records—comprised solely of emails and messages—upon receipt of a proper request. All such requests will be processed during regular business hours, and a designated records officer will prepare copies of the requested information at cost to the requester within a reasonable timeframe. All non-exempt information will be made available, and any redactions will be clearly noted to the requester. If a request is overly vague or broad, we may deny the request but will provide the requester an opportunity to revise it. In cases where a request is denied, an explanation outlining the reasons for the denial will be provided.

Unless specifically required or authorized by state or federal law, myblueboard® will not condition the availability of public records on the disclosure of the requester’s identity or intended use of the records. While we may ask that a requester submit a written request or disclose their identity or intended use, this is only after we inform them that such disclosure is optional. Additionally, we may require advance payment for the cost of producing copies, with the requester choosing whether to receive the records in printed or digital format. Records will be delivered using United States mail or another reasonable delivery service, with postage costs paid in advance by the requester.

We reserve the right to limit requests to ten records per month per requester for mail or delivery service orders, unless the requester certifies in writing that they do not intend to use the information for commercial purposes. Similarly, if providing records in digital format outside of our publicly accessible and searchable website, we may impose a limit of ten records per month unless a written certification is provided that the information will not be used commercially. For clarity, “commercial” use does not include reporting or gathering news, or collecting information to facilitate citizen oversight or to support nonprofit educational research.

myblueboard® is committed to complying with all applicable public records laws, including the requirements of Ohio Senate Bill 29. In accordance with our Public Records Policy, we will properly educate all employees regarding our obligation to fulfill public records requests.

A “Bulk External Extraction Request” is defined as a request for copies of records in a format other than what is already provided, or for information that cannot be extracted without examining all items in a record series, class of records, or database—when the requester intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. If a requester does not intend to use or forward the copies for commercial purposes, such a request will not be treated as a Bulk External Extraction Request.

Records will be delivered using the United States mail or another reasonable delivery service, with the requester responsible for postage costs. The sharable calendar or schedule is owned solely by the director or administrator and is not considered property of myblueboard® or part of the public record.

Educational records created, received, maintained, or disseminated by myblueboard® on behalf of a school district are the sole property of that school district. In the event that educational records maintained by us are subject to a security breach, myblueboard® will promptly disclose to the school district all information necessary to address the breach. Unless a contract renewal is reasonably expected, all educational records created, received, or maintained during the term of the contract will be destroyed within 90 days of its expiration.

myblueboard® will not use educational records for any commercial purposes—including marketing or advertising to students or parents—except as necessary to provide the specific services contracted for by the school district or school. However, we reserve the right to use aggregated information, stripped of all personally identifiable details, for the purposes of improving, maintaining, developing, supporting, or diagnosing our site, service, or operation.

We are committed to providing appropriate security safeguards for educational records, including restricting unauthorized access by our employees or contractors. Access to such records is granted only to those who require it to fulfill their work obligations. Furthermore, myblueboard® will not electronically access or monitor location tracking features on school-issued devices (including keystroke logging, web browsing activity, or audio/visual recording) except under the following limited circumstances: noncommercial educational purposes, technical support, compliance with a judicial warrant, if the device is reported stolen or missing, or to prevent or respond to a threat to life or safety—with such access strictly limited to that purpose.

Changes To These Terms and Conditions

myblueboard® reserves the right to change or modify any of the terms and conditions contained in this Terms and Conditions, at any time and in its sole and absolute discretion. If myblueboard® decides to change this Terms and Conditions, it will post a new version of the Terms and Conditions and update the effective date set forth above. Any changes or modifications to this Terms and Conditions or policy will be effective upon posting of the revisions. Your continued use of the myblueboard® Site and Services following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review the Terms and Conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to the myblueboard® Site and the Services.

Policy last revised: February 2025