The following terms (“Terms of Use”) govern your access, viewing or use of the website at getblox.ai, which is owned and operated by Madstreet Den, Inc.
You hereby agree and acknowledge that the Website is being made available to you pursuant to acceptance of this Terms of Use and the Privacy Policy available at Privacy Policy. You acknowledge that this Terms of Use will be read along with the Privacy Policy.
This Terms of Use becomes binding on you is the date when you view, access, or use the Website.
By accepting the terms herein, or by accessing, viewing or using the Website, you agree to be bound by the Terms of Use and they constitute your binding legal obligations towards the Company.
The Terms of Use may be modified (including suspension, cancellation, or discontinuance of the Website) at any time by the Company, by posting the changes on the Website, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by accessing the Website. Any modified terms shall be applicable to your use of the Website without need for any further consent.
Please note, if you have entered into any other agreement with the Company, including accepting any other terms of service or license agreements that may be specific to a Company offering to you, you will be subject each such agreement in addition to this Terms of Use. In case of a conflict between this Terms of Use and such agreements, the agreements will take precedence.
- Intellectual property rights and prohibited uses
- You acknowledge and agree that between you and Company the ownership of and all right, title and interest in and to any intellectual property rights in the website or any services that may be provided on the website are owned by the Company and are considered proprietary information of the Company.
- The Company shall not be restricted: (a) from collecting, storing, analysing and using the data related to the use of the website by you; and (b) from analysing the user data on a pseudonymised basis, for enhancing the capabilities of the website, tracking your usage of the website, tracking website performance, producing marketing and sales materials, benchmarking studies and website development. All such data shall be the Company’s proprietary information.
- The Company shall adhere to reasonable security measures deemed by the Company to be appropriate and in accordance with applicable law, for the deployment of the website including, without limitation, using reasonable measures to secure any personal information submitted by you from unauthorised access and modifications.
- Prohibited uses: you shall not: (i) use the website except as provided in this Terms of Use; or (ii) copy any features, functions or user interfaces/graphics of the website; or (iii) commit or permit the commission of any abuse. abuse means and includes without limitation, your access and use of the website: (i) permitting the use of the website by any unauthorized third party; (ii) to initiating denial of service (including do_s attack) or attempts to introduce malicious code; (iii) building applications that interact with, or combine applications with the website which negatively affect the performance of the website; (iv) for commercial purpose or in a manner that is not consistent with the objectives of this Terms of Use.
- Warranty
- You hereby warrant that you have all necessary authority, approvals and consents to share any personal information with us.
- You hereby understand and acknowledges that the Company does not make any warranty that the website or any services shall comply with, adhere to or be fit for, your requirements. By allowing use of the website, the Company does not undertake any responsibilities for any liabilities or consequences that may arise out of such use. The Company is not responsible for any failure of any communications links utilised by you to gain access to use the website and/or any services. The Company does not represent that access to the website will be uninterruptedly available or be error free. The Company has no control over the user data uploaded or generated by you in the use of the website. The Company undertakes no responsibility for any loss that you or any other person may suffer due to any user data uploaded or inputted by your use of the website and any services.
- Except to the extent prohibited by applicable law, the Company hereby disclaims and expressly waives all other, conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of the Company or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted use or of non-infringement except to the extent expressly provided above.
- Limitation of liability
- The Company shall not be responsible under this Terms of Use if the website is not used in accordance with the provisions of this Terms of Use; or (ii) if a defect is caused by your computing environment, or (iii) by interfacing third-party software, tools, scripts, or applications not authorized by the Company.
- In no event shall the Company be liable, whether in contract, tort (including negligence) or otherwise for any claim, loss including loss of profits, loss of business, loss of contracts, loss of data, loss of revenues, loss of operation time, loss of goodwill or reputation, or for any, special, indirect, incidental, punitive or consequential damage of any nature whatsoever or howsoever arising out of this Terms of Use.
- The total cumulative liability of the Company to you or under or in relation to these Terms of Use whether in contract or tort will not exceed USD $5.
- Indemnity
You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from any third-party intellectual property infringement claim arising from your use of the website or any violation of this Terms of Use or any applicable laws or regulations.
- General clauses
- You may not assign any rights, claims or other entitlements under this Terms of Use without a prior written consent from the Company.
- This Terms of Use shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of laws principles and all disputes arising out of this Terms of Use shall be exclusively referred and resolved by the competent courts in California, USA.
- No waiver of any breach of any provision of this Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Terms of Use.
- If any of the terms in this Terms of Use are held to be invalid, such term shall to the extent of the invalidity be severed from the remaining terms which shall continue to be valid.
- If you have any complaints with regard to this Terms of Use, contact the Company at dpo@madstreetden.com.
