This document was last updated on August 24, 2007.
INTRODUCTION
Welcome to the Internet site of iBloks, Inc. ("iBloks"), located at www.ibloks.com (the "Site"). The Site is operated by iBloks [and its affiliates] (collectively referred to herein as "iBloks," "we," "us," or "our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. We reserve the right, at our sole discretion, to modify these Terms of Use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."
OTHER APPLICABLE TERMS
Privacy Policy: iBloks believes in protecting user privacy. Therefore, iBloks has adopted a Privacy Policy. You should refer to our Privacy Policy to fully inform users how we use and collect information from you. These Terms of Use shall govern in the case of, and to the extent of, any inconsistency with our Privacy Policy.
Code of Conduct: By using the Site, you agree to our Code of Conduct. Review it carefully before using the Site, including but not limited to its Forums (defined below) or other interactive features.
Software and Content Licenses: When you download any software or content from the Site as authorized by iBloks, your use thereof is subject to the terms of an end-user license agreement applicable to such software or content which will be made available to you at the time of download (the "End-User License"). Your downloading of such software or content signifies your agreement to the terms of such End-User License, and you should carefully read the applicable End-User License before downloading any software or content from the Site. Any use, reproduction or distribution of such software or content other than in accordance with the terms of the End-User License is expressly prohibited by law You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country in which export to such country would be a violation of export control laws or regulations. The downloading of content and software from the Site is restricted to residents of the United States. By downloading content or software from the Site, you represent and warrant that you are a resident of the United States.
COPYRIGHT AND LICENSE
Unless otherwise indicated, the Site and all materials and content contained therein, including, without limitation, the design, layout, text, software, code, technical documentation, manuals, product information, graphics, logos, images, video clips, games, music, sound files and other files and the selection and arrangement thereof ("Materials") are the copyrighted property of iBloks, Inc., or its subsidiaries or affiliated companies and/or third-party licensors. You are granted a limited, nonsublicensable right to access the Site, and to print hard copies of the pages thereof, for personal, noncommercial and informational use only. Except for the limited license granted to you above, you are not conveyed any other right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of iBloks or any third party, and any other use of the Site or the Materials without a separate express license from iBloks is strictly prohibited and constitutes an infringement of iBloks's intellectual property rights. Without limiting the foregoing, the license grant above does NOT include the right for you to:
(a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
(b) market, sell or make commercial use of the Site or any Materials;
(c) systematically collect and use any data or content, including through the use of any data spiders, robots or similar data gathering, mining or extraction methods;
(d) modify or otherwise make derivative uses of the Site or the Materials;
(e) download (other than page caching) any portion of the Site or make any use of the Site other than for its intended purpose; or
(f) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
In the event you acquire or are otherwise permitted by iBloks to download any software or content from any iBloks Site, such software and content, including any files or images incorporated therein or generated by the software, will be licensed to you by us or third-party licensors for your personal, noncommercial home use only subject to the terms and conditions of the applicable End-User License, and we retain full and complete title to the software and the content and all copies thereof and all intellectual property rights therein. You agree not to tamper with, circumvent or attempt to tamper with or circumvent any security methods designed to prevent unauthorized access to any software or content on the Site or on our servers. Furthermore, you agree not to engage in any "hacking," any other activities that may expose any software of content on the Site or on our servers to unauthorized access or the distribution of instructions or tools for others to engage in such "hacking."
Any unauthorized use of the Site by you or connected to your account will, without prejudice to any other rights iBloks may have, terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including those pertaining to trade dress) and communications regulations and statutes.
TRADEMARKS AND SERVICE MARKS
"IBLOKS" "MASHER," "MIX + SHARE + PLAY" and any other product or services names, slogans or logos contained in the Site are trademarks or service marks of iBloks or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of iBloks or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "iBloks" or any other name, trademark or product name of iBloks without our permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of iBloks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, services marks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
POSTING on iBLOKS
Please choose carefully any information you post on the iBloks Websites and that you make accessible to other users. Your iBloks account, should you register to become a Member, may not include the following items: telephone numbers, street addresses, and last names of any person other than you. Any photographs posted by you may not contain any offensive subject matter, such as, but not limited to, nudity or violence. You should further be advised that information provided by other iBloks Website users on the site may contain inaccurate, inappropriate or offensive material, products or services. While Ibloks asks that all posted information be accurate, Ibloks assumes no responsibility or liability for this material.
iBloks reserves the right, in its sole discretion, to reject, refuse to post or remove any postings (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the iBloks Websites and Offered Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline iBloks event, you agree to release and hold iBloks harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline iBloks event.
- Eligibility. By using the iBloks Websites and any iBloks accounts offered by Ibloks, you represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Ibloks Websites shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
- Term/Fees. This Agreement shall remain in full force and effect while you use the iBloks Websites, the Offered Services, and/or maintain a iBloks account. iBloks may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Ibloks+ account application or such other email address as you may subsequently provide to Ibloks. If Ibloks terminates your Ibloks+ account because you have breached these Terms of Use Agreement, you shall not be entitled to refund of any kind. Even after a Ibloks+ account is terminated, these Terms of Use will remain in effect for any use of the iBloks Websites, and all sections will survive termination.
- Non Commercial Use. Illegal and/or unauthorized use of the iBloks Websites, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website may be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by iBloks for any illegal or unauthorized use of the iBloks Websites or Offered Services.
- Proprietary Rights in Content on the iBloks Websites. All material found on the iBloks Websites is subject to the iBloks Copyright and Intellectual Property Policy. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information found on the Ibloks Websites. In the case of content that is specifically offered for download, you may make one copy of the download for your personal enjoyment only. You may not make any additional copies, make the downloaded content available to others to make copies or otherwise transfer the downloaded materials to the control of any third party.
- Personal Content Posted on the iBloks Websites. iBloks retains the right to review and delete any content, messages, photos or profiles (collectively, "Personal Content") that in the sole judgment of iBloks violates these Terms of Use or which may be offensive, undesirable, illegal, harmful or violate the rights of others, or threaten the safety of any Member or the general public. You are solely responsible for the Personal Content that you publish or display (hereinafter, "post") on the iBloks Websites or any material or information that you transmit to other Members. By posting any Personal Content to the public areas of the iBloks Websites, you hereby grant to iBloks the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Personal Content on the iBloks Websites. This license will terminate at the time you remove such Personal Content from the iBloks Websites.
- You represent and warrant that: (i) you own the Personal Content posted by you on the Ibloks Websites or otherwise have the right to grant the license set forth in section 5, and (ii) your Personal Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any third party entity. You agree to pay for all royalties and fees owing any person by reason of any Personal Content you post on the Ibloks Websites. The following is a partial list of the kind of Personal Content that is illegal or prohibited on the Ibloks Websites: any posting that contains material which: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that you know to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- You must use the Offered Services in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members. Although iBloks cannot monitor the conduct of its Members off the Ibloks Websites, it is also a violation of these rules to use any information obtained from the iBloks Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, iBloks reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Ibloks deems appropriate in its sole discretion. You may not cover or obscure the banner advertisements on your personal profile page, or any iBloks page via HTML/CSS or any other means. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. Finally, you may not sell or otherwise transfer your profile.
- iBloks reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates provisions of these Terms of Use, including without limitation, removing the offending communication from the Ibloks Websites and terminating the Ibloks+ account of such violators.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of iBloks to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to iBloks by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Ibloks Websites in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright and Intellectual Property Policy for reporting such matters.
- Member Disputes. You are solely responsible for your interactions with other iBloks Members. iBloks reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Solicitations and advertisements. Unless explicitly stated, Ibloks does not endorse or otherwise take responsibility for any solicitation or advertisement that is found on the Member pages. All users are warned that any action that you take with respect to such solicitations or advertisements is at your own risk. As stated previously, the same warning/disclaimer applies to solicitations and advertisements contained on any third-party site which may be accessed from a link found on the iBloks Websites.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, we request that you do not submit any creative ideas, concepts, suggestions or creative materials other than those that we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work.
If, through participation in certain activities or in response to a request, you send any material to us (e.g., postings to chat rooms or message boards, or contest entries) or, if despite our request, you send us any unsolicited creative materials, content, suggestions, ideas, notes, plans, drawings, concepts, comments or other information (collectively, "Submissions"), such Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and by making such Submission you hereby grant to us, all now-known or hereafter existing right, title and interest in and to the Submissions of every kind and nature throughout the universe, and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation, acknowledgement or obligation of any kind to the provider of the Submissions or any other person or entity.
FORUMS AND PUBLIC COMMUNICATION
"Forum," as used in these Terms of Use, means a chat area, comments, message board, instant messaging, mobile messaging, electronic greeting cards, email function or service or other interactive service offered as part of the Site. If you participate in any Forum on the Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to the Site by way of any Forum is routed through iBloks' servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and other interactive features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via any Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Users or visitors remain solely responsible for the content of their messages in the Forums. Although we prohibit certain activities in these Terms of Use and in our Code of Conduct, we are not responsible or liable for the content, information, materials or opinions posted or sent by users in any Forum or for any mistakes, defamation, omissions, falsehoods, obscenity, profanity, pornography, infringement or offensive material you may encounter, and use of the Forums and the Site are at your own risk. You take sole responsibility for postings under your user name. We reserve the right to remove or edit content, messages, postings or material from any Forum at any time and for any reason although we have no duty to do so. We also reserve the right, if we deem it appropriate, at our sole discretion and without notice, to turn over to law enforcement officials, any content, messages, postings, email or other materials and to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site in violation of the law.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to make any investment decisions, based on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information. By using the iBloks Forums and the Site you agree not to do any of the following:
- Post, upload, distribute or otherwise make available or transmit any data, text, graphics, message, information, computer file or other material that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening or that could be deemed to be stalking; (b)bigoted, hateful or racially offensive; (c) vulgar, pornographic, obscene, indecent, lewd, suggestive or sexually explicit (language or images); or that (d) constitutes, encourages, advocates or provides instructions for illegal activity or the discussion of illegal activities with the intent to commit them;
- Post, upload, distribute or otherwise make available or transmit any data, text, graphics, message, information, computer file or other material that infringes and/or violates any right of a third party or any domestic or international law, rule or regulation, including but not limited to: (a) copyright, patent, trademark or other proprietary rights; (b) right of publicity or privacy (specifically, without limiting the foregoing, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
- Post, distribute or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
- Impersonate any person or entity or misrepresent your identity, email address or affiliation with any person or entity;
- Engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling" and "griefing," as those terms are commonly understood and used on the Internet;
- Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Post, upload, distribute or otherwise make available or transmit any data, text, graphics, message, information, computer file or other material that is, in the sole judgment of iBloks, objectionable or which restricts or inhibits any other person from using or enjoying the Site or which may expose iBloks or its users to any harm or liability of any type.
Additionally, you must furnish your actual email address or mobile phone number in order to send an electronic greeting card or mobile message. Any business use, "remailing" or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program.
Any use of the Forums or the Site in violation of the foregoing, the Code of Conduct or these Terms of Use may result in, among other things, the termination or suspension of your account and your rights to use the Forums or the Site.
LINKS
When you are on the Site, you may encounter links to other sites that take you outside of our service, which sites are beyond our control. For example, if you click on a banner advertisement, the click may take you to another site. These links may include links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the Site, our terms and policies no longer govern your use of that site. Therefore, you should review the applicable terms and policies, including the site terms and privacy policy, of that site. By clicking on links to other sites, you acknowledge and agree that iBloks is not responsible for those sites and that iBloks makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Site. We are also not responsible for any site that links to our Site, regardless of whether such link is made with our permission. If we provide links on the Site, or permit others to link to our Site, we do so only as a convenience for you, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of the third party site or any information contained therein. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so.
DISCLAIMER
THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR IN ANY SOFTWARE OR OTHER MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, CONTENT OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or with any third-party content on the Site. We do not endorse any of the merchandise or content, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your member name(s) and password(s) for your iBloks Account(s), as well as all activities that occur under your iBloks Account(s). You hereby indemnify, defend and hold harmless us, our affiliates and our officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach of these Terms of Use or claims arising from your iBloks Account or your use of the Site or any content or software obtained from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE OR $100 (WHICHEVER IS LESS).
AMENDMENT
We reserve the right, at our sole discretion, to modify, add or delete portions of these Terms of Use at any time. In the event that we make a material modification to these Terms and Conditions, we will (i) post such amended Terms of Use on the Site; (ii) update the date of the last update; and (iii) notify you of any such modification, addition or deletion by sending you an email at the last email address that you provided us, and/or by prominently posting notice of the any such modification, addition, or deletion on the Site. Any such modification, addition or deletion will be effective immediately upon notice. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the modifications, additions, or deletions described in the notice.
TERMINATION
We reserve the right to immediately terminate these Terms of Use with respect to you (including your access to the Site) with or without cause and without notice to you in our sole discretion and to block your access to and use of the Site. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.
REPEAT INFRINGER POLICY
iBloks respects the intellectual property rights of others, and we ask our users to do the same. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances in our discretion, of users who are repeat infringers of the copyrights of others.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material on the Site infringes any copyright which you own or control, or that any link on the Site directs users to another site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
iBloks Customer Service, iBloks, Inc.
330 Townsend Street, Suite 204
San Francisco, CA 94107
Phone 415-546-2140
Fax 415-546-3060
contact us
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's address in our records.
GENERAL PROVISIONS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in San Francisco County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS ABOUT THESE TERMS OF USE
If you have any questions about these Terms of Use, please contact us.