Terms and Conditions of Use
1. Acceptance of Use
1.1 By using or visiting the Da.Block.Online website or any Da.Block.Online products, software, data feeds, and services provided to you on, from, or through the Da.Block.Online website (collectively the "Service") you signify your agreement to
- (1) these terms and conditions (the "Terms and Conditions of Use"),
- (2) Da.Block.Online's Privacy Statement, incorporated herein by reference, and
- (3) Da.Block.Online's Guidelines, also incorporated herein by reference.
If you do not agree to any of these, please do not use the Service.
1.2 You should periodically review the most up-to-date version of the Terms and Conditions and Da.Block.Online may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
2. The Service Content Agreement
2.1 These Terms and Conditions apply to all users of the Service, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Da.Block.Online, including but not limited to all products, software and services offered via the Da.Block.Online website.
2.2 The Service may contain links to third party websites that are not owned or controlled by Da.Block.Online. Da.Block.Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Da.Block.Online will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Da.Block.Online from any and all liability arising from your use of any third-party website.
3. Da.Block.Online Accounts
3.1 In order to access some features of the Service, you will have to pay for and create a Da.Block.Online account. You may never use another persons account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Da.Block.Online immediately of any breach of security or unauthorized use of your account.
3.2 Although Da.Block.Online will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Da.Block.Online or others due to such unauthorized use.
4. General Use of the Service — Permissions and Restrictions
Da.Block.Online hereby grants you permission to access and use the Service as set forth in these Terms and Conditions, provided that:
4.1 You agree not to distribute in any medium any part of the Service or the Content without Da.Block.Online's prior written authorization
4.2 You agree not to alter or modify any part of the Service.
4.3 You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Da.Block.Online may designate.
4.4 You agree not to use the Service for any commercial uses unless you obtain Da.Block.Online's prior written approval. You must disable any advertising from any videos you submit.
4.5 In your use of the Service, you will comply with all applicable laws.
4.6 Da.Block.Online reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Da.Block.Online, subject to copyright and other intellectual property rights under the law.
5.1 Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms and Conditions . You shall not download any Content unless you see a "download" or similar link displayed by Da.Block.Online on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Da.Block.Online. Da.Block.Online and its licensors reserve all rights not expressly granted in and to the Service and the Content.
5.2 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
5.3 You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Da.Block.Online is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Da.Block.Online with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Da.Block.Online, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
6.1 As a Da.Block.Online account holder you may submit Content to the Service, including videos for the appropriate fee.You understand that Da.Block.Online does not guarantee any confidentiality with respect to any Content you submit.
6.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Da.Block.Online all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms and Conditions.
6.3 For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Da.Block.Online, you hereby grant Da.Block.Online a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Da.Block.Online's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service. You understand and agree, that Da.Block.Online may retain, server copies of your videos that have been removed or deleted.
6.4 You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Da.Block.Online all of the license rights granted herein.
6.5 You further agree that you will not submit to the Service any Content or other material that is contrary to the Da.Block.Online Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
6.6 Da.Block.Online does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Da.Block.Online will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Da.Block.Online reserves the right to remove Content without prior notice.
7. Account Termination Policy
7.1 Da.Block.Online will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
7.2 Da.Block.Online reserves the right to decide whether Content violates these Terms and Conditions and the Guidelines for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Da.Block.Online may at any time, without prior notice and in its sole discretion, terminate a user's account for submitting such material in violation of these Terms and Conditions .
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DA.BLOCK.ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DA.BLOCK.ONLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DA.BLOCK.ONLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DA.BLOCK.ONLINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL DA.BLOCK.ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DA.BLOCK.ONLINE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Da.Block.Online from its facilities in the United Kingdom (UK). Da.Block.Online makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Da.Block.Online, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions ; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.
11. Ability to Accept Terms and Conditions
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions , and to abide by and comply with these Terms and Conditions . If you are under 18 years of age, then please do not use the Service.
These Terms and Conditions , and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Da.Block.Online without restriction.
You agree that: (i) the Service shall be deemed solely based in the UK; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Da.Block.Online, either specific or general, in jurisdictions other than the UK. These Terms and Conditions shall be governed by the laws of England, without respect to its conflict of laws principles. Any claim or dispute between you and Da.Block.Online that arises in whole or in part from the Service shall be decided exclusively by an English court. These Terms and Conditions , together with the Privacy Statement and Guidelines and any other legal notices published by Da.Block.Online on the Service, shall constitute the entire agreement between you and Da.Block.Online concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions , which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Da.Block.Online's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Da.Block.Online reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND DA.BLOCK.ONLINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: 1st March 2011