TERMS & CONDITIONS
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of BlocksAndMOCs’s websites, services, and mobile app (collectively, the “Service”), each owned and operated by BlocksAndMOCs. (“BlocksAndMOCs”, “we”, “our” or “us”).
You may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.
- Your BlocksAndMOCs Account. If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BlocksAndMOCs may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BlocksAndMOCs liability. You must immediately notify BlocksAndMOCs of any unauthorized uses of your Account or any other breaches of security. BlocksAndMOCs will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.For paid Accounts (each, a “Paid Account”), BlocksAndMOCs deems the person under whose name appears on the credit or charge card or other payment method that pays the charges for the Service to be the owner of the Paid Account. If a corporate or other organization’s name appears on the credit or charge card or other payment method, that corporation or organization is deemed to be the owner. If any dispute arises as to who owns or controls a Paid Account, your most recently provided payment method will continue to be charged and you will be responsible to pay for the Service until BlocksAndMOCs receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account.
- Product Download. Our products are currently delivered by Internet download only. After your purchase has been approved we will process your order. Orders are typically processed within one (1) hour but could take as long as twenty four (24) hours to complete. Once your order has been processed we will send you a confirmation email using the email address you provided on our order form. This email will serve as your electronic purchase receipt and will contain the information you need to access our product downloads. Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers.
- Refund Policy. We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we offer no refunds. Refund request made after you have purchased our product is NOT POSSIBLE
- Your Responsibilities. If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BlocksAndMOCs or otherwise.
BlocksAndMOCs reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at BlocksAndMOCs.
All Content uploaded are copyright © their respective owners.
If you delete Content, BlocksAndMOCs will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Rules. Use of any of the Services is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:
- Use, support or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots or other automated methods including human-powered automation through like farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages;
- Reverse engineer, de-compile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that we have not made open source;
- Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without our express written consent;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Post anything that contains software viruses, worms, or any other harmful code;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Override any security feature or bypass or circumvent any access controls or limits of the Services;
- Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account; or
- Violate our intellectual property rights or the intellectual property rights of others.
- Third Party Websites and Content. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BlocksAndMOCs links, and that link to BlocksAndMOCs. BlocksAndMOCs does not have any control over those non-BlocksAndMOCs websites and webpages, and is not responsible for their contents or their use. By linking to a non-BlocksAndMOCs website or webpage, BlocksAndMOCs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. BlocksAndMOCs disclaims any responsibility for any harm resulting from your use of non-BlocksAndMOCs websites and webpages.
- Changes. BlocksAndMOCs reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. BlocksAndMOCs may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
- Termination. BlocksAndMOCs may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. BlocksAndMOCs expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.The service is offered and controlled by BlocksAndMOCs from its facilities in Canada. BlocksAndMOCs makes no representations that the service is appropriate or available for use in locations other than Canada and the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Limitation of Liability. You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will BlocksAndMOCs or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if BlocksAndMOCs has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. BlocksAndMOCs ’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to BlocksAndMOCs in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, BlocksAndMOCs ’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, BlocksAndMOCs will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to BlocksAndMOCs or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than BlocksAndMOCs and received by you through or advertised on the Service or received by you on any third party sites. You also agree that BlocksAndMOCs will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
- Indemnification. You agree to indemnify, defend, and hold harmless BlocksAndMOCs , and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. BlocksAndMOCs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BlocksAndMOCs and you agree to cooperate with BlocksAndMOCs ’s defense of these Claims. You agree not to settle any matter without the prior written consent of BlocksAndMOCs . BlocksAndMOCs will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
- Miscellaneous. If there is any dispute between you and BlocksAndMOCs about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.You agree that the Terms are specifically enforceable by BlocksAndMOCs through injunctive relief and other equitable remedies without proof of monetary damages.You agree that if BlocksAndMOCs does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BlocksAndMOCs has the benefit of under any applicable law), this will not be taken to be a formal waiver of BlocksAndMOCs ’s rights and that those rights or remedies will still be available to BlocksAndMOCs. The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
- Contacting BlocksAndMOCs. You may contact blocksandmocs by using this form