Terms

1. Users to Comply with Current Terms

By accessing and using this website and any licensed software platform offered by Datablocks, users agree to comply with these terms and the currently applicable terms of acceptable use for the relevant software platform.

As the website, services and software platforms offered by Datablocks are updated and regulatory requirements change, these terms may be updated from time to time. Although alerts may be issued to users when modifications are introduced, it is the user’s responsibility to be familiar with the current applicable terms. If the changed terms materially modify users’ rights and obligations, we may require a user’s express consent. If a user does not expressly accept such changed terms, Datablocks may terminate the users’ account(s) and participation in or subscription to any service or software platform made available by Datablocks.

2. Communication with Datablocks

The services made available via this web site are offered by Datablocks Inc. located at:

243 Church Street
Suite 200
St. Catharines, Ontario
Canada L2R 3E8

Users may contact us by sending correspondence to the foregoing address or by emailing us at support@datablocks.net.

Datablocks does not guarantee the confidentiality of any communications sent to it by e-mail.

Users agree that any notices, agreements, disclosures or other communications that we send to them electronically will satisfy any legal communication requirements, including such communications be in writing.

3. Accounts

To access most services and software platforms made available by Datablocks, users must be granted a license to use any service or software platform. Datablocks has the absolute discretion to refuse an application for a license to use a service or software platform for any or no reason.

In addition to the terms set out herein, each service made available by Datablocks and to which a user subscribes or in which a user elects to participate may be subject to additional terms and conditions set out in a separate written agreement between the user and Datablocks. Where the terms set out herein conflict with the terms of such an agreement, the terms of the separate written agreement shall apply.

All users are required to provide current, complete and accurate contact information when applying for a license and shall ensure that such information is kept current, complete and accurate at all times. If a user is an individual, they must be at least eighteen years of age to participate in or subscribe to any of the services.

If users are using this web site or any software platform made available by Datablocks on behalf of an entity, organization or company, users warrant that they have the authority to bind such organization to these terms (and any additional terms that may apply to any service to which they subscribe or in which they register to participate) and users agree to be bound by these terms on behalf of such organization.

Users shall provide sufficient documentation to demonstrate compliance with the foregoing obligations as may be requested from time to time.

Users are responsible for all activity that occurs under their account. The user name and password for the account should be kept secure and confidential at all times. If a user has reason to believe that their account is no longer secure, they shall immediately send an email to the address provided on the sign-up page or support@datablocks.net with the word “URGENT” in the subject line. The user’s compliance with this provision shall not be construed as a waiver of any right to recover damages from, or obtain other relief against, the user which may arise from unauthorized use of the services or software platforms through the user’s account.

Users shall not take any action that imposes a disproportionately large load on the software platforms, which is defined as traffic volume during a time period that exceeds three (3) times the average amount of traffic in the previous three like time periods.

4. Terms of Acceptable Use

Users shall not use the web site, services or any software platform to distribute or publish content that:

  1. is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, fraudulent, deceptive, misleading or otherwise objectionable;
  2. would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create a liability or violate any local, provincial, federal or international law;
  3. may infringe any patent, trademark, trade secret, copyright or other intellectual property right of any party;
  4. may contain any viruses, Trojan horses, worms, time bombs, cancelbots, potentially unwanted programs (PUP) or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  5. interfere with security-related features of the software platforms, including without limitation, disabling or circumventing features that are intended to prevent the distribution or publication of malware;
  6. constitutes unsolicited electronic messages, including junk mail and spam; or
  7. attempt to do any of the foregoing activities, or assist or permit any persons in engaging in any of the foregoing activities.

Users shall, at their own cost, take reasonable commercial precautions to ensure that all their use of the website, services and any software platform is otherwise compliant with all federal, state, local or any other laws and/or regulations.

5. Access May be Suspended or Terminated

Any advertising content or data that contains viruses or content which violates, or is suspected of violating, any of the terms of acceptable use may, without prior notice or liability for any resulting monetary losses, be either:

  1. suspended until the source of violation is identified and removed; or
  2. cancelled and removed from all services and software platforms.

Any user who violates, or is suspected of violating, any of the terms of acceptable use on multiple occasions, may have their account and their access to services and software platforms suspended or terminated permanently without notice or liability for any resulting monetary losses.

The user’s account may be closed and their access to the services and software platforms terminated if their account is in active or idle for more than 12 consecutive months.

The closure of the user’s account for any reason shall not prejudice or affect the accrued rights or claims of any other party nor shall it release the user from any of the restrictions of these terms concerning access, use or disclosure of the services or software platforms, all of which shall survive termination.

Datablocks reserves the right to modify or discontinue this web site, services or any software platform or feature previously made available via this web site, at any time without notice.

Upon termination or expiration of the relationship between Datablocks and any account holder for any reason, the terms set out herein that by their nature should survive will survive such termination.

Datablocks shall have no liability whatsoever on account of any change, suspension or termination of any account or this web site or of any software platform or feature previously made available via this web site.

6. Intellectual Property

DATABLOCKS™ is a trademark of Datablocks Inc. All other brand names, product names and trademarks are the property of their respective owners.

Datablocks acknowledges and appreciates links to the <datablocks.net> web site. Links should go directly to the homepage at <datablocks.net>. Linking directly to other pages within the site, reproducing the content of the site as a whole or in part and/or framing the content on the site is prohibited without prior written consent. To obtain consent, please contact our marketing department at support@datablocks.net.

The <datablocks.net> web site includes hyperlinks to third party sites. These links are provided for convenience only, and do not mean that Datablocks endorses or recommends the material contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose. Datablocks takes no responsibility for the content or practices of third-party sites.

The copyright in this web site, the software platforms and all materials contained therein are owned or licensed by Datablocks, including the layout and graphics that appear on all user interfaces.

Users may not attempt to determine the source code for any software platform made available by Datablocks, nor modify, reprogram, translate, disassemble, decompile, or otherwise reverse engineer any of the software platforms made available by Datablocks. Users may not, except as expressly provided by written agreement, provide the benefit of these software platforms to a third party via a service bureau, time sharing service or other application service provider.

Users own and retain all right, title and interest in and to their advertising content and data. Notwithstanding the foregoing, users acknowledge that the software platforms made available by Datablocks may require access to and use of their data and other similar data collected from other users in a manner that is not directly identifiable with any user (“Anonymous Data”). For this sole purpose, users hereby grant a perpetual, irrevocable, non-exclusive, worldwide, transferable and royalty free right to use, copy, modify, distribute and display their data and any derivatives thereof as a component of the Anonymous Data. This limited license granted herein shall survive termination, cancellation, or expiration of the user’s account.

Although commercially reasonable precautions have been taken to protect advertising content and data on software platforms from interference by third parties, no party shall be liable to the user for any damages arising from data loss or corruption for any reason whatsoever. Users are solely responsible for maintaining independent backup copies of their advertising content and data.

Advertising content and data may be disclosed if required by law or an order issued by a court of competent jurisdiction or other governmental authority.

7. Limited Warranties

User accepts that no party has warranted that the functionality of this web site or any software platform made available by Datablocks will meet the user’s requirements, nor that the web site or software platforms will run uninterrupted or error free. No party is responsible for the results of user’s use of the website or software platforms or for any action taken by the user or third parties on the basis thereof.

No party has reason to believe, without having conducted searches and without seeking professional opinions, that the web site and software platforms infringe the intellectual property rights of any third party. Should a user receive written notice of any such allegations of infringement, it shall immediately send an email to the address provided on the sign-up page or support@datablocks.net with the word “URGENT” in the subject line and provide particulars of the allegations and their source.

THE WARRANTIES SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. Limitation of Liability; Indemnity

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT OR ANY APPLICABLE STATUTORY PROVISIONS, IN NO EVENT shall any party be liable to the user for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits, revenue, goodwill, data or use, howsoever arising from any breach of these terms of use, fundamental or otherwise, or from any negligent acts or omissions of their respective employees or agents.

9. Territory & Governing Law

This web site and the software platforms offered by Datablocks can be accessed from Canada and other countries around the world. However, Datablocks operates from its offices in Canada and makes no representation that the services made available via this web site and the software platforms will be available or lawful in other jurisdictions. If any of the terms herein are held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts shall remain in force.

These terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada without regard to conflict of laws rules. Any legal action or proceeding between Datablocks and any user or account holder related to this web site web site, or any software platform or feature made available by Datablocks shall be brought exclusively in a court of competent jurisdiction located in the province of Ontario, Canada.

Where the user has been provided with a translation of these terms into any other language other than English, the user agrees that the translation is provided for convenience only and the English version of these terms shall take precedence in the event of any contradiction with the provided translation.