THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLOK24 (“BLOK24”, “WE”, “OUR”, OR “US”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE MOBILE OR WEB-BASED APPLICATION PROVIDED HEREWITH (THE “APPLICATION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE APPLICATION. THESE TERMS APPLY TO ANY AND ALL APPLICATION(S) CREATED BY BLOK24.
We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement from time to time. It is your sole responsibility to review this Agreement for changes prior to use of the Application, and in any event your continued use of the Application following the posting of changes to this Agreement constitutes your acceptance of any changes. You must be at least 13 years old to use the Application.
This is an agreement between you and Blok, and not with Apple, Inc. (“Apple”). Apple is not responsible for this Application or the contents thereof.
1. Limited License to the Application
Subject to the terms and conditions of this Agreement, Blok grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application for personal purposes on any iOS or Android based device (including, but not limited to iPad, iPhone or iPod touch) that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service (the “Usage Rules”) or Google's Play Store Terms of Service. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, and Apple and Google have no obligation to furnish any maintenance and support services regarding the Application. The terms of this license will govern any upgrades provided by us that replace or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. License Restrictions
All rights not expressly granted in Section 1 above are exclusively reserved to Blok. When using the Application, you may not modify, adapt, copy, translate, create derivative works from, publish, license, sell, or otherwise commercialize the Application, Content (as defined below), or any information or software associated with the Application. You may not decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Application. You may not remove, obscure or alter Blok’s copyright notice, trademarks or other proprietary rights notices affixed for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. You may not rent, lease, sublicense, or otherwise transfer rights to the Application. You may not use the Application in any manner that could impair or interfere with the Application or the Blok website located at http://www.ontheblok.com (the “Site”). You shall not interfere or attempt to interfere with the operation of the Application in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Application or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Blok infrastructure. You must use the Application in compliance with all applicable laws. You must comply with applicable third-party terms of agreement when using this Application (e.g., your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this Agreement. Your rights to use the Application are specified in this Agreement and all rights not expressly granted herein are reserved to Blok.
3. Intellectual Property
Except for User Submissions (as defined below) all intellectual property in and to the content, tools, text, logos, marks, data, audio, video, design, codes, layout, “look and feel”, and other content included in the Application (“Content“) is owned by Blok. Other product and company names that are mentioned in the Application remain the trademarks of their respective owners (“Third Party Trademarks”). Your use of any Content or Third Party Trademarks without prior written consent is strictly prohibited. We reserve all rights that are not expressly granted under this Agreement.
4. User Submissions
Subject to these Terms of Service and the functionality of the Application, any user of the Application may comment on Content, contribute to forums, and otherwise submit their own content (“User Submissions”) through the Application. Any User Submissions that you submit to Blok in connection with a contest, sweepstakes, or other promotion (“Promotion“) will be subject to these Terms of Service unless the applicable terms, conditions, and/or official rules that govern the Promotion expressly state the contrary. You own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions through the Application, you grant Blok a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with Blok’s business, including, without limitation, through the Application, for marketing and advertising purposes, and on Blok merchandise in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on Blok’s behalf. You also grant each user of the Application a non-exclusive license to access your User Submissions through the Application.
5. Requirements for User Submissions
You agree that, whether or not your User Submissions are published through the Application, Blok offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize Blok to use, your User Submissions as contemplated by the functionality of the Application and in these Terms of Service. You understand and agree that Blok may display or distribute User Submissions along with your account name or other information you provide during any applicable registration process. When contributing User Submissions, you will not:
* Make false, misleading, obscene, or indecent statements; * Participate in gambling or illegal activities; * Post User Submissions giving rise to civil liability; * Post User Submissions that are defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity; * Repeatedly post the same or similar User Submissions or otherwise impose an unreasonable or disproportionately large load on Blok’s or its agent’s infrastructure; * Delete or otherwise revise or improperly interfere with any Content posted Blok; * Delete or otherwise revise or improperly interfere with any User Submission posted by any other user of the Application; * Post User Submissions that infringe or misappropriate any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another; * Post chain letters, “junk mail”, “spam,” or pyramid schemes; * Harm or harass others; * Contact anyone who has asked not to be contacted; or * Impersonate any person or entity.
6. No Obligation to Publish
Blok may remove or decline to post any User Submission at any time, for any or no reason, without notice and at its sole discretion, including, without limiting the foregoing, if it determines that a User Submission is inappropriate or fails to comply with these Terms of Service. Blok has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Application.
7. Third-Party Content
User Submissions are third-party content and do not necessarily represent the views of Blok. In the case of Promotions, the bestowal of an award or prize by Blok or its partner(s) does not signify Blok’s endorsement of that award or prize. Through your use of the Application, you may be exposed to Content, Promotions, or User Submissions, including third-party content, that you may find inaccurate, deceptive, offensive, objectionable, or harmful. All content within the Application is provided for your convenience only, and you assume all associated risks.
8. Third-Party Websites
You may be able to link from the Application to third-party websites that take you outside of the Application (“Linked Sites”). Blok has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave the Application.
9. Change or Update to Application; Termination
Blok shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Application, including but not limited its to content or features, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Application with or without notice or liability. From time to time, Blok may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for an act on your part, or it may require you to manually down an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Blok or otherwise.
The Application may contain information about Blok or other products or services. Such information about Blok or other products or services may be updated from time to time, including without limitation, when the Application may be updated or upgraded. You should periodically check whether an updated or upgraded version of the Application is available for download.
You agree that Blok may terminate your use of this Application, and/or exercise any other remedy available to it, if Blok reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Blok or any third party, or for any reason with or without notice to you. You agree that Blok will not be held liable to you or any third party as a result thereof.
You will indemnify and hold harmless us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Application; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (iii) any acts or omissions by you or on your behalf with respect to any User Submission or other content posted through the Application by you and/or any third party.
THE APPLICATION AND ALL CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, BLOK24 DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE APPLICATION OR CIRCUMSTANCES OVER WHICH BLOK24 HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE APPLICATION MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLOK24 HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION OR USE OF ANY INFORMATION OR CONTENT ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOK24 THROUGH THE APPLICATION CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE.
BLOK24 DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOK24 IS NOT RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT THAT IS LINKED TO FROM THE APPLICATION.
Your downloading, installation and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the downloading, installation or use of the Application. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, Blok24 is not responsible for those costs.IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
12. Limitation of Liability; Exclusion of Damages
BLOK24 WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THE APPLICATION, THE USE OR INABILITY TO USE THIS APPLICATION THE RESULTS GENERATED FROM THE USE OF THIS APPLICATION LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
Blok24 is not liable for any lost data resulting from use of the Application and/or the enforcement of this Agreement. Blok24 disclaims any and all liability for the acts, omissions and conduct of any users on the Application or otherwise related to your use of the Application. Blok24 is not responsible for the products, services, actions or failure to act of any other third party in connection with the Application.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLOK24’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO BLOK24 IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
If you have a dispute with one or more users of the Application, you release Blok24 (and its officers, directors, agents, employees, and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. Copyright Policy
None of the Content may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Blok24, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your intellectual property has been copied and posted through the Application in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Application; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Blok24’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 223 Kirkland Ave, Suite 102, Kirkland, WA 98033.
15. Wireless Access Charges.
Certain Application functions may require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
16. Uninstalling the Application.
Uninstallation methods may vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
These Terms of Service will be governed by the laws of the State of Washington, without reference to its choice-of-laws rules. The exclusive jurisdiction and venue for any action under these Terms of Service will be in the state and federal courts of King County, Washington. You accept the exclusive personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. We may assign our rights and delegate our duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and us. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms of Service is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.