Bloxo Terms and Conditions of Use
Effective as of June 27, 2020
Thanks for choosing Bloxo!
Bloxo Inc. (“Bloxo”, or “we”) provides our website located at bloxo.co
(the “Site”), our Bloxo software application available through the Apple App
Store and Google Play platforms (the “App”), and our sports and recreational
planning and connection tool, including social interactive services and other
content available through the Site and App (collectively, the “Services”).
Please read these Terms and Conditions of Use (the “Terms”) carefully, as they
govern your use of our Services. If you have any questions about our Terms or
our Services, please contact us.
By using our Services, you agree to be bound by these Terms. If
you don’t agree to be bound by these Terms, do not use the Services.
These Terms include a Disclaimers and Waiver section that you
must read, understand and agree to before you use the Services. Click here to
link to that section.
We may supply different or additional terms in relation to some
of our Services, and those different or additional terms become part of your
agreement with us if you use those Services. If there is a conflict between
these Terms and the additional terms, the additional terms will control for
that conflict.
Please refer to our Privacy Policy for information on how we
collect, use and disclose information about you. By using our Services, you
acknowledge that you have read and understand that your use of the Services is
subject to our Privacy Policy.
Any information that you provided during sign-up can be
corrected in case of erroneous information after the sign-up process by going
to settings and editing profile in the top right of the screen. To use the
Services, you must be 18 years or older, or be 13 years or older and have your
parent or guardian's consent to use the Services, have the power to enter a
binding contract with us and not be barred from doing so under any applicable
laws, and be resident in a country where the Services are available. You also
promise that any registration information that you submit to Bloxo is true,
accurate, and complete, and you agree to keep it that way at all times.
Changes to Terms:
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll
let you know by posting the modified Terms on the Site and updating the “Last
Updated” date at the top of the modified Terms. In some cases, we may also
notify you of our changes through other communications. It’s important that you
review the Terms whenever we modify them because if you continue to use the
Services after we have posted modified Terms on the Site and, in certain cases,
informed you of our changes through other communications, you are indicating to
us that you agree to be bound by the modified Terms. If you don’t agree to be
bound by the modified Terms, then you must stop using the Services.
Because our Services are evolving over time, we may change or discontinue
all or any part of the Services, at any time and without notice, at our sole
discretion. You also have the right to stop using our Services at any time. We
are not responsible for any loss or harm related to your inability to access or
use our Services.
Enjoying Bloxo:
Here's some information about all the ways you can enjoy Bloxo.
Our Services provide multiple venues for users to play sports, arrange sports
activities , and use recreational facilities. Certain Services are provided to
you free-of-charge. Other Services require payment before you can access them
(a “Paid Service”). Services that do not require payment are currently referred
to as the "Free Service". You can learn more about our Services by
visiting our Site. If you have purchased or received a code, gift card,
pre-paid offer or other offer provided or sold by or on behalf of Bloxo for
access to a Paid Service ("Code") you can use the Services as if you
have paid directly to Bloxo.
Content and Content Rights
For purposes of these Terms, (a) “Content” means text,
graphics, images, photographs, music, software, audio, video, works of
authorship of any kind, and information or other materials that are posted,
generated, provided or otherwise made available through the Services; and (b) “User
Content” means any Content that users (including you) provide to be made
available through the Services. Content includes without limitation User
Content.
Content Ownership
Except for the license you grant below, Bloxo does not claim any
ownership rights in any User Content and nothing in these Terms will be deemed
to restrict any rights that you may have to use and exploit your User Content,
as between you and Bloxo. Subject to the foregoing, Bloxo and its licensors
exclusively own all right, title and interest in and to the Services and
Content, including all associated intellectual property rights. You acknowledge
that the Services and Content are protected by copyright, trademark, and other
laws of the Canada and foreign countries. You will not remove, alter or obscure
any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you
hereby grant to Bloxo a non-exclusive, transferable, sublicensable, worldwide,
royalty-free and fully paid license to use, publish, translate, reproduce,
adapt, copy, modify, create derivative works based upon, publicly display,
publicly perform and distribute your User Content and any name, username or
likeness provided in connection with your User Content in all media formats and
channels now known or later developed in connection with operating and
providing the Services and Content to you and to other users without
compensation to you. When you post or otherwise share User Content on or
through our Services, you understand that your User Content and any associated
information (such as your username or profile photo) may be visible to others.
You represent and warrant that your User Content, and our use of such content
as permitted by these Terms, will not violate any rights of or cause injury to
any person or entity.
You grant us the right (1) to allow Bloxo to use the processor,
bandwidth, and storage hardware on your Device in order to facilitate provision
of the Services, (2) to provide advertising and other information to you, and
(3) to allow our business partners to do the same. In any part of the Services,
the content you view, including its selection and placement, may be influenced
by commercial considerations, including agreements with third parties. If you
provide feedback, ideas or suggestions to Bloxo in connection with the Services
("Feedback"), you acknowledge that the Feedback is not confidential
and you authorize Bloxo to use that Feedback without restriction and without
payment to you. Feedback is considered a type of User Content.
Rights in Content Granted by Bloxo
Subject to your compliance with these Terms, Bloxo grants you a
limited, non-exclusive, non-transferable, non-sublicensable, revocable license
to access and use the Content solely in connection with your permitted use of
the Services solely for your personal and non-commercial purposes. Any use of
the Services other than as specifically authorized herein, without our prior
written permission, is strictly prohibited, will terminate the license granted
herein and violate our intellectual property rights.
The Services are the property of Bloxo or Bloxo's licensors. We grant you a
limited, non-exclusive, revocable licence to use the Services (the
"Licence"). This Licence shall remain in effect until and unless
terminated by you or Bloxo. You promise and agree that you will not
redistribute or transfer the Services.
The Services are licensed, not sold, to you, and Bloxo and its licensors retain
ownership of all copies of the Bloxo software applications and Content even
after installation on your personal computers, mobile handsets, tablets, and/or
other relevant devices ("Devices").
Third party software (for example, open source software libraries) included in
the Services are licensed to you either under the agreement or under the
relevant third party software library's licence terms as published in the help
or settings section of App or on our Site.
Third Party Applications :
The Services are integrated with third party applications, websites, and services
("Third Party Applications") to make available content, products,
and/or services to you. These Third Party Applications may have their own terms
and conditions of use and privacy policies and your use of these Third Party
Applications will be governed by and subject to such terms and conditions and
privacy policies. You understand and agree that Bloxo does not endorse and is
not responsible or liable for the behavior, features, or content of any Third
Party Application or for any transaction you may enter into with the provider
of any such Third Party Applications.
User Content:
You promise that, with respect to any User Content you post on Bloxo, (1) you
have the right to post such User Content, and (2) such User Content, or its use
by Bloxo as contemplated by the Agreements, does not violate the Agreements,
applicable law, or the intellectual property (including without limitation
copyright), publicity, personality, or other rights of others or imply any
affiliation with or endorsement of you or your User Content by Bloxo or any
player, team, label, entity or any individual without express written consent
from such individual or entity.
Bloxo may, but has no obligation to monitor, review, or edit User Content. In
all cases, Bloxo reserves the right to remove or disable access to any User
Content for any or no reason, including but not limited to, User Content that,
in Bloxo's sole discretion, violates the Terms. Bloxo may take these actions
without prior notification to you or any third party. Removal or disabling of
access to User Content shall be at our sole discretion, and we do not promise
to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Bloxo is not
responsible for User Content nor does it endorse any opinion contained in any
User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST BLOXO RELATED TO
USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW,
YOU WILL INDEMNIFY AND HOLD BLOXO HARMLESS FROM AND AGAINST ALL DAMAGES,
LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS)
ARISING OUT OF SUCH CLAIM.
User guidelines:
Bloxo respects intellectual property rights and expects you to do the same.
We've established a few ground rules for you to follow when using the Services,
to make sure Bloxo stays enjoyable for everyone. Please follow these rules and
encourage other users to do the same.
The following is not permitted for any reason whatsoever:
Selling, renting, sublicensing or leasing of any part of the Services;
circumventing any territorial restrictions applied by Bloxo or it licensors;
removing or altering any copyright, trademark, or other intellectual property
notices contained on or provided through the Services; providing your password
to any other person or using any other person's username and password;
"crawling" the Services or otherwise using any automated means
(including bots, scrapers, and spiders) to collect information from Bloxo;
Don't engage in any activity, post any User Content, or register and/or use a
username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene; is
illegal, or intended to promote or commit an illegal act of any kind, including
but not limited to violations of intellectual property rights, privacy rights,
or proprietary rights of Bloxo or a third party; includes your password or
purposely includes any other user's password or purposely includes personal
data of third parties or is intended to solicit such personal data; includes
malicious content such as malware, Trojan horses, or viruses, or otherwise
interferes with any user's access to the Services; is intended to or does
harass or bully other users; impersonates or misrepresents your affiliation
with another user, person, or entity, or is otherwise fraudulent, false,
deceptive, or misleading; uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam
("spam"), junk mail, chain letters, or similar, including through the
Bloxo inbox; involves commercial or sales activities, such as advertising,
promotions, contests, sweepstakes, or pyramid schemes, that are not expressly
authorized by Bloxo; links to, references, or otherwise promotes commercial
products or services, except as expressly authorized by Bloxo; interferes with
or in any way disrupts the Services, tampers with, breaches, or attempts to
probe, scan, or test for vulnerabilities in the Services or Bloxo's computer
systems, network, usage rules, or any of Bloxo's security components,
authentication measures or any other protection measures applicable to the
Services, or any part thereof; or conflicts with the Terms, as determined by
Bloxo. You acknowledge and agree that posting any such User Content may result
in immediate termination or suspension of your Bloxo account. You also agree
that Bloxo may also reclaim your username for any reason.
Please be thoughtful about how you use the Services and what you share. The
Services include social and interactive features, including the ability to post
User Content, share content, and make certain information about you public.
Remember that shared or publicly available information may be used and
re-shared by other users on Bloxo or across the web, so please use Bloxo
carefully and be mindful of your account settings. Bloxo has no responsibility
for your choices to post material on the Services.
Your password protects your user account, and you are solely responsible for
keeping your password confidential and secure. You understand that you are
responsible for all use of your username and password on the Service. If your
username or password is lost or stolen, or if you believe there has been
unauthorized access to your account by third parties, please notify us
immediately and change your password as soon as possible.
Infringement and reporting User Content:
Bloxo respects the rights of intellectual property owners. If you believe that
any Content infringes your intellectual property rights or other rights, notify
us immediately. If Bloxo is notified by a copyright holder that any Content
infringes a copyright, Bloxo may in its absolute discretion take actions
without prior notification to the provider of that Content. If the provider
believes that the content is not infringing, the provider may submit a
counter-notification to Bloxo with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines,
please advise us immediately.
Service limitations and modifications:
Bloxo will make reasonable efforts to keep the Services operational. However,
certain technical difficulties or maintenance may, from time to time, result in
temporary interruptions. To the extent permissible under applicable law, Bloxo
reserves the right, periodically and at any time, to modify or discontinue,
temporarily or permanently, functions and features of the Services, with or
without notice, all without liability to you, except where prohibited by law,
for any interruption, modification, or discontinuation of the Services or any
function or feature thereof. You understand, agree, and accept that Bloxo has
no obligation to maintain, support, upgrade, or update the Services, or to
provide all or any specific content through the Services. This section will be
enforced to the extent permissible by applicable law.
Organization Accounts:
If you establish a Bloxo account on behalf of a company, organization, entity
(an "Organization", and such account a "Organization
Account"), the terms "you" and "your", as used
throughout these Terms, apply to both you and the Organization, as applicable.
If you open an Organization Account, you represent and warrant that you are
authorized to grant all permissions and licences provided in the Terms and to
bind the Organization to the Terms.
Warranty Disclaimers
Your use of our Services and Content is at your sole risk.
Except as otherwise provided in writing by us, the Services and Content are
provided “as is” and “as available” without warranties of any kind, express or
implied. Without limiting the foregoing, we explicitly disclaim any warranties
of merchantability, fitness for a particular purpose, title, quiet enjoyment or
non-infringement and any warranties arising out of course of dealing or usage
of trade.
We make no representation or warranty that the Services and
Content will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. We make no warranty regarding the quality, accuracy,
timeliness, truthfulness, completeness or reliability of any Content. While we
attempt to make your use of our Services safe, we cannot and do not represent
or warrant that our Services or servers are free of viruses or other harmful
components. You assume the entire risk as to the quality and performance of the
Services.
Disclaimers and Waiver
By using our Services and Content, you understand and agree
that:
You understand and agree that you are solely responsible for
your use of the Services.
You agree to only participate in activities, games or events where
you can do so safely, and in a manner that does not compromise your health or
safety, or the health or safety of others.
You acknowledge and agree that some activities, games and events
organized through the Services carry inherent dangers, such as risk of illness,
bodily injury, property damage, disability, or death.
By participating in such activities, games or events, and
through your use of the Services, you understand and agree that you have freely
chosen to assume these risks, and assume all associated liability.
Limitation of Liability
To the fullest extent permitted by applicable law, neither Bloxo
nor any other party involved in creating, producing, or delivering the Services
or Content will be liable for any incidental, special, exemplary or
consequential damages, including, but not limited to, lost profits, loss of
data or goodwill, service interruption, computer damage or system failure or
the cost of substitute Services arising out of or in connection with these
Terms or from the use of or inability to use the Services or Content, your use
of our Services or transportation to or from any activities, games or events
scheduled through use of our Services, attendance at any such activities games
or events, participation in or exclusion from such activities, games or events
and the actions of you or others at such activities, games and events, whether
based on warranty, contract, tort (including negligence), product liability,
personal injury or any other legal theory, and whether or not Bloxo has been
informed of the possibility of such damage, even if a limited remedy set forth
herein is found to have failed of its essential purpose. Some jurisdictions do
not allow the exclusion or limitation of liability for consequential or
incidental damages, so the above limitation may not apply to you.
In no event will Bloxo’s total liability arising out of or in
connection with these Terms or from the use of or inability to use the Services
or Content exceed the amounts you have paid to Bloxo for use of the Services or
Content or fifty dollars ($50), if you have not had any payment obligations to
Bloxo, as applicable, unless such limits are prohibited by applicable law. The
exclusion and limitations of damages set forth above are fundamental elements
of the basis of the bargain between Bloxo and you.
Customer support:
When you register with Bloxo, you consent to get access to Bloxo immediately.
If you reside outside the country and register for the Services, you may change
your mind for any or no reason and receive a full refund of all monies paid
within fourteen (14) days (the "Cooling-off Period"). Refunds will
not, however, be provided if you have used Services at any time during the
Cooling-off Period.
If you wish to receive a full refund of all monies paid before the Cooling-off
Period is over, you must contact Customer Support.
Bloxo may change the price for the Services from time to time, and will
communicate any price changes to you in advance and, if applicable, how to
accept those changes. As permitted by local law, you accept the new price by
continuing to use the Services after the price change takes effect. If you do
not agree with the price changes, you have the right to reject the change by
unsubscribing from the Services prior to the price change going into effect.
Please therefore make sure you read any such notification of price changes
carefully.
General Terms
These Terms constitute the entire and exclusive understanding
and agreement between Bloxo and you regarding the Services and Content, and
these Terms supersede and replace any and all prior oral or written
understandings or agreements between Bloxo and you regarding the Services and
Content.
If any provision of these Terms is held unlawful, invalid or
unenforceable, that provision or part of the provision will be enforced to the
maximum extent permissible and is deemed severable from these Terms, and the
other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law
or otherwise, without Bloxo’s prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and of no
effect. Bloxo may freely assign or transfer these Terms without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the
parties, their successors and permitted assigns.
Any notices or other communications provided by Bloxo under
these Terms, including those regarding changes to these Terms, will be given:
(i) by Bloxo via email; or (ii) by posting to the Services. For notices made by
e-mail, the date of receipt will be deemed the date on which such notice is
transmitted.
Bloxo’s failure to enforce any right or provision of these Terms
will not be considered a waiver of such right or provision. The waiver of any
such right or provision will be effective only if in writing and signed by a
duly authorized representative of Bloxo. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise.
The section titles in these Terms are for convenience only and
have no legal or contractual effect. Except as otherwise provided herein, these
Terms are intended solely for the benefit of the parties and are not intended
to confer third-party beneficiary rights upon any other person or entity. You
agree that communications and transactions between us may be conducted
electronically.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Services
will be governed by and construed and enforced in accordance with the laws of
Nova Scotia, except to the extent preempted by Canadian federal law, without
regard to conflict of law rules or principles (whether of Nova Scotia or any
other jurisdiction) that would cause the application of the laws of any other
jurisdiction.
Contact Us
If you have any questions about these Terms, you can contact
Bloxo:
© 2020 Bloxo Inc. All rights reserved