We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and
your right to use our Services will terminate immediately.
Your submissions
and contributions
Please review this section and the "PROHIBITED
ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback,
or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in
blogs, message boards, online forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material (
"Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any Contributions, you grant
us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and through any media
channels.
This license includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions
and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES
" and will not post,
send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission
and/or Contribution;
-
warrant that any such Submission and/or
Contributions
are original to you or that you have the necessary rights and
licenses to submit such
Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in
our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to the
authorities.
10. SOCIAL
MEDIA
As part of the
functionality of the Services, you may link your account with online accounts you
have with third-party service providers (each such account, a
"Third-Party Account"
) by either: (1) providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as
is permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you
are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the
terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed by the third-party service provider
of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to and stored
in your Third-Party Account (the
"Social Network Content"
) so that it is available on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent
you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the
privacy settings that you have set in such
Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts
may be available on and through your account on the Services. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the connection between
your account on the Services and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by
contacting us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username
and profile picture that become associated with your account.
11. SERVICES
MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in
our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Services.
12. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://blockwebsite.net/privacy.html. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in
Singapore
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Singapore
, then through your continued use of the Services, you are
transferring your data to
Singapore
, and you expressly consent to have your data transferred to and
processed in
Singapore
.
Further, we do not knowingly accept, request, or solicit information from children
or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act,
if we receive actual knowledge that anyone under the age of 13 has provided personal information to
us without the requisite and verifiable parental consent, we will delete that information from the
Services as quickly as is reasonably practical.
13. TERM
AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate us to maintain and support the Services or to supply any corrections, updates, or releases in
connection therewith.
15. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
Vietnam
. BlockWebsite and yourself irrevocably consent that the courts of
Vietnam
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal
Terms.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal
Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of
this clause. The number of arbitrators shall be three (3). The seat, or legal
place, or arbitration shall be
Hanoi,
Vietnam
. The language of the
proceedings shall be English. The governing law of these Legal Terms shall be
substantive law of
Vietnam
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Services at
any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of
the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
21. USER
DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use of
the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of
the Services, please contact us at: [email protected]