Terms of Service

Last Updated: February 2, 2025

Welcome to The Public Bored ("Company," "we," or "us"). By accessing or using our services, including our website, applications, digital billboards, and associated tools (collectively, the "Platform" or "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please stop using the Platform immediately.

We may update these Terms periodically. Continued use of the Platform after changes are made constitutes acceptance of the revised Terms.

1. Eligibility and Accounts

1.1 Eligibility

• You must be at least 13 years old to use The Public Bored and assume the obligations set forth in these Terms.
• If you are under 18, you may only use the Platform with the permission and supervision of a parent or guardian.

1.2 Account Registration

• To use certain features, you may need to create an account with accurate and complete information.
• You agree not to share your login credentials or allow others to access your account.
• If you use the Platform on behalf of a company, you warrant that you have authority to bind them to these Terms.

1.3 Security

• You are responsible for maintaining account security and for all activity under your account.
• Notify us immediately if you suspect unauthorized access.
• We are not liable for losses resulting from unauthorized access due to your failure to secure your account.

2. The Platform and Services

2.1 Description

The Public Bored is a digital advertising platform that allows users to submit multimedia content (images, text, videos) for display on public digital billboards.

2.2 Content Submission and Display

• You retain ownership of your submitted content ("User Content") but grant us a non-exclusive, royalty-free, worldwide license to use, display, distribute, and modify your content across our platform.
• We do not guarantee specific ad placement, display frequency, or duration.
• If we determine your content violates these Terms, we may modify, remove, or restrict it.

2.3 Budget and Advertising Preferences

• The Public Bored allows you to set budgetary limits and choose ad display preferences.
• If you select automated optimization, you authorize us to allocate your budget for better performance.
• You acknowledge that unexpected billboard outages or technical issues may affect ad delivery.

2.4 Alternative Display Channels

• Your content may also be displayed on other channels (e.g., social media, website listings) to enhance visibility.
• You may opt out of alternative display methods by contacting us.

3. User Conduct and Prohibited Activities

By using The Public Bored, you agree to be solely responsible for any content, messages, data, text, software, music, sound, photographs, graphics, video, code, or any other materials ("Content") that you upload, post, publish, display, or otherwise make available through our platform.

3.1 Prohibited Content

You agree not to upload, post, or distribute any content that:

• Violates any intellectual property rights, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights of third parties.
• You do not have the legal right to share, including confidential, proprietary, or personal information obtained unlawfully.
• Contains viruses, malicious code, or any software designed to disrupt, damage, or limit the functionality of our platform.
• Creates a security or privacy risk for any person.
• Is illegal, misleading, fraudulent, obscene, defamatory, harassing, violent, excessively graphic, abusive, hateful, discriminatory, or otherwise objectionable.
• Promotes violence, discrimination, or explicit hate speech against individuals or groups based on race, religion, gender, sexual orientation, or other protected categories.
• Constitutes unauthorized advertising, spam, chain letters, pyramid schemes, or other unapproved promotional content.
• Encourages or promotes criminal activity, self-harm, or violence of any kind.

3.2 Prohibited Actions and Behaviors

You further agree that you will not:

• Interfere with, disrupt, or impair the functionality of the Platform.
• Violate any applicable laws, regulations, or legal obligations.
• Impersonate any person or entity or misrepresent the source of your content.
• Solicit personal information from anyone under the age of 18.
• Harvest or collect data from the Platform for unsolicited communications.
• Engage in unauthorized scraping, data mining, or similar extraction techniques.
• Circumvent any content protections or geographic restrictions.
• Attempt to access restricted areas of the Platform through hacking or other illicit means.

3.3 Enforcement and Consequences

The Public Bored reserves the right to investigate and take legal action against anyone suspected of violating these terms, remove or modify violating content, suspend or terminate accounts, and report unlawful activity to law enforcement.

3.4 Competitors

No employee, independent contractor, agent, or affiliate of any competing digital advertising or social media company is permitted to view, access, or use any portion of The Public Bored platform without express written permission.

4. Fees, Payments, and Refunds

4.1 Fees and Billing

Access to certain features may require payment. By providing payment information, you represent that the information is true and complete, you are authorized to use the payment method, and you will promptly update any billing information that changes.

4.2 Automatic Billing and Renewals

• Recurring subscriptions will automatically renew unless cancelled at least 24 hours before renewal.
• After cancellation, you retain access until the end of your current billing cycle.

4.3 Dormant Account Fees

Accounts with no activity for 12 months may be classified as dormant and subject to a monthly maintenance fee equal to 5% of the remaining balance or $50, whichever is greater.

4.4 Refunds

All fees are non-refundable, except in cases where The Public Bored fails to display an ad due to a platform error. Subscription-based payments are non-refundable.

4.5 Changes to Fees

We reserve the right to change pricing at any time with at least 30 days notice.

4.6 Commercial Use Restrictions

Unless expressly authorized in writing, you may not resell, license, distribute, or exploit any portion of the Platform for commercial purposes.

4.7 External Destinations

You are solely responsible for any external destinations linked to your ad content. The Public Bored does not endorse, monitor, or take responsibility for third-party destinations.

5. Intellectual Property

5.1 Our Rights

The Public Bored name, logo, website, and Platform design are our property and may not be copied, modified, or used without permission.

5.2 User Content and Publicity Rights

By submitting content, you grant us the right to use, distribute, and promote your content as part of our marketing efforts. We may use your business name and logo in promotional materials unless you opt out.

6. Indemnification, Disclaimers, and Limitation of Liability

6.1 No Guarantee of Results

The Public Bored does not guarantee any specific outcomes, engagement levels, visibility, or sales from advertisements. All services are provided "as is" and "as available" without any express or implied warranties.

6.2 Indemnification

You agree to indemnify, defend, and hold harmless The Public Bored and its affiliates from any claims, losses, damages, liabilities, costs, and expenses arising out of your use of the Platform, your submitted content, or your violation of these Terms.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLIC BORED SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES. IF FOUND LIABLE, THE TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE LOWEST AMOUNT PERMITTED BY LAW.

7. Arbitration and Dispute Resolution

If a dispute arises, please contact us first. If informal resolution fails, disputes shall be resolved through final, binding arbitration administered by the American Arbitration Association (AAA). Unless otherwise agreed, arbitration will take place in Delaware. By agreeing to these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration.

8. Term and Termination

These Terms become effective upon your acceptance. You may terminate your account at any time by providing written notice. We reserve the right to suspend or terminate your account at any time. Upon termination, your right to access and use the Platform immediately ceases.

9. Assignment

You may not transfer, assign, or delegate any of your rights or obligations under these Terms without prior written consent. We reserve the right to assign our rights and obligations without restriction.

10. Severability and Waiver

If any provision is found unenforceable, the remaining provisions remain in full force. Failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA. Any legal disputes shall be exclusively resolved in the state or federal courts of Delaware.

12. Disclaimers and Limitations

THE PUBLIC BORED PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

13. Changes to These Terms

We may modify these Terms at any time, with changes becoming effective immediately upon posting.

14. Notices and Communication

Notices may be provided via email, platform notifications, or website updates. It is your responsibility to keep your contact information accurate and up to date.

15. Entire Agreement

These Terms, along with any incorporated policies and guidelines, constitute the entire agreement between you and The Public Bored regarding the use of the Platform.

16. Force Majeure

The Public Bored shall not be liable for any failure, delay, or unavailability due to circumstances beyond our reasonable control, including acts of God, power failures, internet outages, civil unrest, or government restrictions.

17. SMS Messaging and Communications

The Public Bored may send SMS messages for two-factor authentication, service notifications, and promotional messages (if opted in). Message and data rates may apply. Text "STOP" to opt out at any time.

18. Copyright and Intellectual Property

We comply with the Digital Millennium Copyright Act (DMCA). To report copyright infringement, contact: support@publicbored.com

19. Apple App Store Terms

If accessing via the Apple App Store, you acknowledge these Terms are solely between you and The Public Bored. Apple has no obligation to provide maintenance, support, or warranty services for the app.

20. Contact Information

For questions, concerns, or opt-out requests:

Email: support@publicbored.com

Mail: The Public Bored, 221 W 9th St, Ste 406, Wilmington, DE 19801

By using The Public Bored, you acknowledge that you have read, understood, and agreed to these Terms.