Terms & Conditions

1. Introduction

Welcome to ProjectBoard! By accessing or using the ProjectBoard platform ENGINEERING.COM INCORPORATED (“ProjectBoard”, “us”, “we”, “our”, together with you, the “Parties” and each of you or us, a “Party”), you agree to be bound by the following terms and conditions (the “Terms and Conditions”). If you do not agree to be bound by these Terms and Conditions, or other referenced agreements or documentation, you must cease to access or use ProjectBoard’s platform.

By agreeing to these Terms and Conditions, you represent that you have reached the age of majority in your jurisdiction (if applicable), you have the capacity to enter into binding obligations, and all information you supply to us is true, accurate, current and complete. If you are using the ProjectBoard platform on behalf of another person or entity, you represent that you have the authority to bind such person or entity to these Terms and Conditions.

2. Access to and Use of the ProjectBoard Platform

These Terms and Conditions apply to your access to and use of: (i)  ProjectBoard’s platform designed to facilitate the development, collaboration, hosting, showcasing, publishing, archiving and sharing of projects, including science, technology, engineering and mathematics (“STEM”, and such platform, the “ProjectBoard Platform” and such projects and related documentation, information and materials, “Projects”) currently made available at https://projectboard.world/ (“ProjectBoard Website”); (ii) any related products or services, including maintenance, support and other professional services (all together known as “ProjectBoard Solution”). We will use commercially reasonable efforts to make available ProjectBoard Solution for your use in accordance with any documentation or guidelines we make available to you.

3. Categories of Users

You may use the Services in the capacity of one of the following categories of users:

1. to create, collaborate, share, document, and post Projects (each such user, a “Project Creator”);
2. to host, organize or sponsor events, manage Projects on an ongoing basis, and showcase Projects, in which Project Creators will participate (each such host, organizer or sponsor, an “Exhibition and Showcase Owner“, and each such event, an “Event”);
3. to act as a judge, mentor, or such other role appointed by a Project Creator or Exhibition and Showcase Owner (each such user, a “Project Reviewer”); and
4. all other users without the privileges set out in (i) to (iii), including users which act as spectators (each such user, a “Visitor”).

Public Events will be available for any user of ProjectBoard Solution to view, however the default will be private Events which are only available to the users which are registered for that Event. Visitors will not be able to view any Projects that are registered to a private Event.

Please note that while these Terms and Conditions apply to all users of ProjectBoard Solution, Appendix I (Terms Applicable to Projects Creators) applies specifically to Project Creators, Appendix II (Terms Applicable to Exhibition and Showcase Owners) applies specifically to Exhibition and Showcase Owners, and Appendix III (Terms Applicable to Project Reviewers) applies specifically to Project Reviewers. If you fall under more than one class of users then it is possible that a combination of Appendix I, II, and III can apply to you when you are acting in the capacity of a Project Creator, Exhibition and Showcase Owner, or Project Reviewer, as applicable.

4. Changes to the Terms and Conditions and the ProjectBoard Solution

Except where prohibited by applicable law, we may change these Terms and Conditions at any time by posting a new version to ProjectBoard Website. You are responsible for monitoring ProjectBoard Website for any such changes and for reviewing such changes. Your continued access to or use of ProjectBoard Solution after any changes to these Terms and Conditions indicates your acceptance of such changes.  Similarly, we reserve the right to change, suspend or terminate ProjectBoard Solution at any time, without notice, including: (1) for scheduled maintenance; (2) if you violate any provision of these Terms and Conditions; or (3) to address any emergency security concerns.

5. Registration and Account Information

If you are a Project Creator, Exhibition and Showcase Owner or Project Reviewer, you will be required to create an account (“User Account”). If you are required to register for a User Account, you agree to provide accurate, current and complete information in such registration and to update your information as necessary. We reserve the right to suspend or terminate your User Account if we have reason to believe your information is inaccurate, outdated or incomplete and may, in our sole discretion, accept or reject your registration for ProjectBoard Solution, and suspend or terminate your User Account for any reason. You are responsible for maintaining the confidentiality of your password and User Account, as applicable (“Credentials”), and we are not responsible for any actions taken by any other party using your Credentials.  

6. Your Responsibilities

When using ProjectBoard Solution, you agree that you will: (1) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account; (2) use reasonable efforts to prevent unauthorized access to or use of ProjectBoard Solution; and (3) comply with all applicable laws and regulations, including all intellectual property, data, privacy and export control laws. In addition, you agree to provide us with feedback related to your use of ProjectBoard Solution, including promptly and accurately reporting to us any actual or suspected errors, problems, bugs or difficulties with ProjectBoard Solution, along with any other information reasonably requested by us to aid in resolving such errors, problems, bugs or difficulties with ProjectBoard Solution (such information, “Feedback”). You agree that we may use such Feedback, at our discretion, for purposes related to improving ProjectBoard Solution or our other products and services.

You also agree that when using ProjectBoard Solution, you will not: (1) disable, overly burden, impair, or otherwise interfere with our servers or networks; (2) attempt to gain unauthorized access to any component of ProjectBoard Solution; (3) share, transfer or otherwise provide access to your Credentials to another person (other than, in the case where you are an organization, personnel using your Credentials on your behalf); (4) use any data mining, robots or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile ProjectBoard Solution or any part thereof, or otherwise attempt to discover any source code; (5) use ProjectBoard Solution in connection with building a similar or competitive product or service; or (6) upload or otherwise communicate on ProjectBoard Solution any data, information, content or other materials that: (i) contain any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to upload or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, or otherwise offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; or (vi) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability. You will not authorize or encourage any third party to perform any of the prohibited actions above.

You understand that all Projects that can be found on the ProjectBoard Platform are the sole responsibility of the Project Creator who uploaded the Project. You understand that ProjectBoard is not responsible for any communications posted by any user on the ProjectBoard Platform and does not review all such communications. ProjectBoard reserves the right to block or remove any such Projects or communications that are in violation of this Section 6.

7. Intellectual Property Rights

ProjectBoard will not have any ownership rights over Projects submitted to the ProjectBoard Platform. However, ProjectBoard needs the following licenses to operate ProjectBoard Solution.

You hereby grant us a world-wide, irrevocable, perpetual, royalty-free, fully paid-up right and license to use all Projects, Events, data, information and materials that you provide to use or otherwise make available through ProjectBoard Solution (“User Data”) to: (1) make available ProjectBoard Solution; (2) to enhance ProjectBoard Solution and to develop new products and services; and (3) to generate information and data that does not contain any information about an identifiable individual (“Personal Information”, and such information and data, “Aggregated and Statistical Information”). For clarity, User Data includes all Projects and any data, information, and materials contained therein. When an Event is completed, the Event will retain the User Data, which will be available to view and for ProjectBoard to market if the Project Creator chooses to make it public.

We own all rights (including intellectual property rights), title and interest in and to: (1) ProjectBoard Solution; (2) Aggregated and Statistical Information; and (3) all adaptations, translations, modifications, enhancements and derivative works of the foregoing (1) and (2).  Any rights not expressly granted under these Terms and Conditions are reserved.

8. Security and Privacy

We will not ask for any more Personal Information beyond that which is required. We have in place organizational, technical, security and integrity measures to: (1) safeguard information processed through ProjectBoard Solution, including any Personal Information identified by Project Creators; and (2) comply with applicable privacy and data protection laws and regulations.

An overview of our privacy practices can be found at [●].

9. Disclaimers

PROJECTBOARD SOLUTION IS MADE AVAILABLE ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. WE DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE OFFERING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.  

YOU ALSO ACKNOWLEDGE AND AGREE THAT PROJECTBOARD SOLUTION CONTAINS INFORMATION, DATA, DOCUMENTS, PAGES, AND IMAGES, CONTENT AND OTHER MATERIALS MADE AVAILABLE BY THIRD PARTIES (SUCH CONTENT, “THIRD PARTY CONTENT”).  PROJECTBOARD IS NOT RESPONSIBLE FOR SUCH THIRD PARTY CONTENT. YOU AGREE THAT YOU ARE RESPONSIBLE FOR EXERCISING CARE AND DILIGENCE IN REVIEWING AND RELYING ON SUCH THIRD PARTY CONTENT.

10. Representations and Warranties

You represent and warrant to us that: (1) you have the right and authority to enter into these Terms and Conditions and to grant all rights granted by you in these Terms and Conditions; (2) if you are accessing or using ProjectBoard Solution on behalf of another person or entity, that you have the authority to bind such person or entity to these Terms and Conditions; (3) you will perform all of your obligations under these Terms and Conditions in accordance with applicable laws and regulations; and (4) that you have obtained all necessary consents, permissions, and have made all applicable disclosures, in each case required by applicable laws (including privacy laws) in respect of the User Data in order for ProjectBoard to make available ProjectBoard Solution to you and to exercise its rights under these Terms and Conditions.

ProjectBoard makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any Project that has been posted on ProjectBoard Solution.

11. Indemnity

You agree to defend and indemnify ProjectBoard, its affiliates, successors, assignees and their respective directors, officers, shareholders, employees and agents (the “ProjectBoard Parties”) from and against all losses, costs, damages, expenses, fines, fees, penalties, interest and liabilities (including reasonable legal fees and court costs) (“Claims”), which may be suffered or incurred by the ProjectBoard Parties from or relating to: (1) your use of ProjectBoard Solution contrary to these Terms and Conditions or any other related documentation or guidelines made available by us; and (2) a breach of Section 10 (Representations and Warranties); and (3) relating to User Data.

In the event of any Claims, we will use good faith efforts to promptly notify you of such Claims and provide you with reasonable assistance. We will have the right to participate in the defense of any Claim with legal counsel of our own choosing.  In addition, you will not enter into any settlement of any such Claim without our prior written consent, including if our rights would be impaired.  

12. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO PROJECTBOARD SOLUTION OR THESE TERMS AND CONDITIONS.  TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, PROJECTBOARD SOLUTION, EXCEED $100. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

13. General

3. Non-Waiver

Our waiver of any default, breach or non-compliance under these Terms and Conditions will not be effective unless in writing and signed by us. Our non-enforcement of any of these Terms and Conditions or under any applicable law shall not constitute a waiver of any enforcement rights of the same or different nature at any time in the future.

4. Term and Termination

The term of these Terms and Conditions will commence on the date you: (1) accepted these Terms and Conditions; or (2) the date you first access or use ProjectBoard Solution and will continue until terminated by either Party in accordance with these Terms and Conditions.  We may terminate these Terms and Conditions for convenience, at any time, by providing written notice to you.  

5. Survival

Rights and obligations which have accrued or arisen under these Terms and Conditions will survive the expiration or termination of these Terms and Conditions without prejudice. All provisions of these Terms and Conditions which by their nature should survive in order to give effect to the Terms and Conditions, shall survive termination or expiration, including ownership, confidentiality covenants, warranties, indemnities and limitations of liability.

6. Assignment

You may not assign these Terms and Conditions to any third party without our prior written consent. We may assign these Terms and Conditions or any rights under these Terms and Conditions to any third party without your consent. Any assignment in violation of this Section 13.6 will be void. These Terms and Conditions will be binding upon permitted assignees. These Terms and Conditions will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

7. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Parties pertaining to the subject matter of these Terms and Conditions and supersede all prior agreements and understandings of the Parties.

8. Fees and Expenses

During the Term, ProjectBoard will provide ProjectBoard Solution at no charge to any users other than Exhibition and Showcase Owners, unless we notify you upon 30 days’ notice, along with any applicable payment terms. Exhibition and Showcase Owners will be charged in accordance with the provisions set out in Appendix II.

9. Force Majeure Events

Neither Party will be liable for delays caused by any event beyond its reasonable control, including acts of God, except that non-payment of amounts due under these Terms and Conditions will not be excused by this provision.

10. Severability

Any provision of these Terms and Conditions that is found to be unenforceable will be severed from these Terms and Conditions and these Terms and Conditions will continue in full force and effect with respect to all other provisions.

11. Construction and Interpretation

Except as otherwise provided in these Terms and Conditions, the Parties’ rights and remedies under these Terms and Conditions are cumulative. The term “includes” and “including” mean, respectively, “include without limitation” and “including without limitation”. Headings are for reference purposes only and have no substantive effect.

12. Notices

Any notices, reports or other communications required or permitted to be given under these Terms and Conditions will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or fax addressed to you or ProjectBoard at their respective addresses as advised in writing.

13. Language

It is the express will of the Parties that these Terms and Conditions and all related documents have been drawn up in English.

Appendix I: Terms Applicable to Project Creators

Introduction for Project Creators

ProjectBoard is designed to allow Project Creators: (i) to collaborate with and contribute to the Projects of other Project Creators; and (ii) to post, showcase, publish, archive and share their Projects. The entire drafting phase of the Project can be spent in collaboration with multiple other Project Creators, giving Project Reviewers an opportunity to see the full process of drafting and creation, and not just the final product. When you are using ProjectBoard as a Project Creator, this Appendix I will apply to you.

Your Projects

You are solely responsible for any Projects contributed by you. Not all Projects will be treated as confidential. Unless we notify you in advance, you can assume that Projects will be displayed privately by default, unless you specifically opt in to make the Project public through the ProjectBoard Platform.

Violation of any of these Terms and Conditions may result in the removal of some or all of your Projects, disqualification from an Event, and termination of your User Account at the sole discretion of ProjectBoard.

You acknowledge that we shall have the right in our sole discretion to refuse or remove any Project that is submitted to the ProjectBoard Platform. You are responsible for the use of your Projects, including any reliance on the accuracy and completeness of each Project.

Participation in an Event

Participation in an Event on the ProjectBoard Platform is governed by these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any rules of a specific Event, these Terms and Conditions will apply.

Modification, Suspension and Cancellation of Events

Project Creator agrees that ProjectBoard reserves the right, in our sole discretion, to cancel, suspend or modify an Event, or any part of an Event for any number of reasons (or no reason at all), including: (i) in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control; (ii) if it is determined that Project Creator has violated these Terms and Conditions, violated applicable laws, violated any community guidelines or other guidelines and rules promulgated by either the Exhibition and Showcase Owner or ProjectBoard (“Community Guidelines”).

Event Disputes

Project Creators are responsible for all disputes with Exhibition and Showcase Owners in respect of any Events hosted by Exhibition and Showcase Owner that Project Creator participates in and agrees that while ProjectBoard may participate in the resolution of any such disputes, ProjectBoard is under no obligation to do so.

Appendix II: Terms Applicable to Exhibition and Showcase Owners

Introduction for Exhibition and Showcase Owners

ProjectBoard Solution is designed to allow Exhibition and Showcase Owners to host Events such as science fairs, hackathons, STEM events, design projects, capstone projects, graduate student symposiums, and similar endeavors where Projects are shared and reviewed. When you are using ProjectBoard Solution as an Exhibition and Showcase Owner, this Appendix II will apply to you.

Events

ProjectBoard reserves the right to approve any Event before it is hosted on the ProjectBoard Platform. For example, we may refuse any Event that we deem is inappropriate, that is a violation of any Community Guidelines, or that is otherwise inconsistent with the values and purposes of the ProjectBoard Solution.

Obligations of Exhibition and Showcase Owners

When hosting Events on the ProjectBoard Platform as an Exhibition and Showcase Owner, you agree to: (i) operate your events in accordance with Community Guidelines; and (ii) strive to be fair and impartial towards Project Creators that are participating in your event, including ensuring you abide by any rules or terms and conditions that you apply to your Events.

Responsibilities of Exhibition and Showcase Owners

Exhibition and Showcase Owners are solely responsible for compliance with applicable laws and regulations regarding the administration of their Event and awarding of prizes, as well as the use and display of any Projects received from Project Creators. Exhibition and Showcase Owners are also responsible for establishing the rules of their Events.

Fees and Payment

An Exhibition and Showcase Owner will pay to ProjectBoard the fees set out at the following fee schedule [●] (“Fees” and such fee schedule, the “Fee Schedule”) in accordance with any payment terms set out therein. Unless otherwise noted, all Fees are identified in USD and are payable in advance.

ProjectBoard reserves the right to change the Fees upon providing not less than 30 days prior notice to the Exhibition and Showcase Owner.

Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of 20%, or the maximum legal rate (if less), plus all expenses of collection, until fully paid. Exhibition and Showcase Owners may not withhold or setoff any amounts due under these Terms and Conditions. Without limiting ProjectBoard’s other rights, ProjectBoard may suspend an Exhibition and Showcase Owner’s access to ProjectBoard Solution, if the Exhibition and Showcase Owner has not paid the applicable Fees within 30 days of the date that such Fees become due.

The Fees set out in these Terms and Conditions do not include applicable sales, use, gross receipts, value-added, excise, other taxes. Exhibition and Showcase Owners will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with these Terms and Conditions.

Any suspension of services by ProjectBoard pursuant to these Terms and Conditions will not excuse Exhibition and Showcase Owners from their obligation to make payments under these Terms and Conditions.

Event Disputes

Exhibition and Showcase Owners are responsible for all disputes with Project Creators in respect of any Events hosted by Exhibition and Showcase Owner and agrees that while ProjectBoard may participate in the resolution of any such disputes, ProjectBoard is under no obligation to do so.

Appendix III: Terms Applicable to Project Reviewers

Restrictions on Use of Projects

Project Reviewers acknowledge and agree that: (i) no Projects they have access to will be used other than in connection with the specific purpose identified by a Project Creator or Event and Showcase Owner; and (ii) they will promptly destroy or return such Projects, either at the Project Creator or Event and Showcase Owner’s request, or once the Project Reviewer no longer has a need to use such Projects, whichever date is the earlier.