Terms of Service
Revised April 8, 2020
Thank you for using Blockpad. Blockpad LLC ("us" or "we") provides the Blockpad website (blockpad.net) and various related apps and services (collectively, "Blockpad") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.
In addition, when using particular Blockpad services or materials, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
These Terms of Service are effective as of April 8, 2020. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Blockpad website and these Terms of Service from time to time and to familiarize yourself with any modifications.
Your continued use of Blockpad after such modifications will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
We reserve the sole right to either modify or discontinue Blockpad features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on Blockpad shall also be subject to these Terms of Service.
Conduct with Blockpad
Your use of Blockpad is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through Blockpad. By posting information in or otherwise using any interactive service that may be available to you on or through Blockpad, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of Blockpad. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through Blockpad. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You are not permitted to:
- Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the software nor permit the whole or any part of the software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the software or attempt to do any such things
- Create derivative works of this product without our permission
- Disclose to any third party any observations, information, or data about the processes, mechanisms, or systems behind the software
- Reproduce, copy, distribute, or resell the software (or any features of the software) for any purpose
- Allow any third party to use the software on behalf of or for the benefit of any third party
- Use the software in any way which breaches any applicable local, national, or international law
- Bypass or attempt to bypass the software’s built-in license authorization checks
Terms of Paid Licenses
We may offer features on a free or free-trial basis, but we reserve the right to impose any restrictions on free access at any time.
If you have purchased a paid license, you are permitted to use the features included with your subscription, as outlined on our website. Unless we have communicated any special license terms to you, the following terms apply:
- Your license term lasts for the duration of your subscription, regardless of your usage level.
- Payments are non-refundable.
- The seat count for your license entitles that number of individual people to use Blockpad on any particular calendar day in your location. We may restrict access to the software in excess of your licensed seat count.
- You may add seats to an existing license, prorated to the month, at the currently offered volume-pricing discounts.
- You are responsible for all fees or expenses related to accessing or using Blockpad that are extrinsic to the our products and services. This includes, without limitation, your own internet service provider fees.
Third Party Websites
This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.
These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, Blockpad LLC or party by us, or any warranty of any kind, either express or implied.
Intellectual Property and Ownership
We retain ownership of the software as originally downloaded by you and all subsequent downloads of the software by you. The software (and the copyright, and other intellectual property rights of whatever nature in the software, including any modifications made thereto) are and shall remain our property.
All custom graphics, icons, logos, and service names used on Blockpad are registered trademarks, service marks, or artwork held under copyright of Blockpad LLC or its affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Blockpad LLC or its affiliates.
Disclaimer of Warranties
Blockpad is provided “as is,” at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement. Blockpad will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Blockpad.
Content available through Blockpad often represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Blockpad LLC spokesperson speaking in official capacity.
You understand and agree that temporary interruptions of the services available through Blockpad may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of Blockpad, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Although Blockpad may be accessible worldwide, we make no representation that Blockpad materials are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access Blockpad from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with Blockpad is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of Blockpad with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use Blockpad immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or Blockpad. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Remedies for Breach of This Agreement
You agree if this Terms of Service agreement is breached by you, the remedy afforded by law may be inadequate; therefore, an injunction, specific performance, or other forms of equitable relief or money damages or any combination thereof shall be available. In addition to the above, and without any limitation thereon, you agree liquidated damages for any breach of this agreement by you shall be $250,000 per violation. For the purpose of calculating damages under this provision, each reproduction or copy of the software or of a derivative work of the software shall be considered a separate violation. All rights, powers, and remedies provided for herein are cumulative and not exclusive of any and all rights, powers and remedies at law or in equity as may now or later exist. In the event of a breach of this agreement by you, we shall be entitled to recover the costs and expenses incurred in enforcing this agreement, including attorney fees.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Blockpad shall be instituted exclusively in the federal courts of the United States.
If you have any questions or concerns about the Terms of Service, please contact us.