Term Of Service
1. Grant of License
Subject to the terms of this TOS, BLK Inc grants you a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors including without limitation, your country or region, device, operating system, or network operator. Reservation of Rights and Ownership
2. Reservation of Rights and Ownership
BLK Inc reserves all rights in and to the SERVICE not expressly granted to you in this TOS. The SERVICE is protected by copyright and other intellectual property laws and treaties. BLK Inc or its licensors owns the title, copyright and other intellectual property rights in the SERVICE. For the avoidance of doubt, the SERVICE is licensed, not sold. You may not transfer this TOS or any of the rights or obligations to the SERVICE granted or imposed herein to any third party unless otherwise approved by BLK Inc.
You may not
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE;
(ii) modify or disable any features of the SERVICE;
(iii) create derivative works based on the SERVICE; and
(iv) publicly display, publicly perform, transfer, sell, license, distribute, rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE;
(v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by this Agreement);
(vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system;
(vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE.
4. Update, Change or Suspension of the SERVICE
BLK Inc may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by this TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner. BLK Inc expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.
5. Right to Monitor, Third party Services and Contents
5.1 Right to Monitor.
BLK Inc may, but has no obligation to, monitor your use of the SERVICE, your accounts, content, and communications that BLK Inc determines in its sole discretion would violate the TOS. BLK Inc reserves the right to gather data on SERVICE usage including license key numbers, and other information deemed relevant, to ensure that the SERVICE is being used in accordance with the TOS.
Any unauthorized use shall be considered by BLK Inc to be a violation of the TOS. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the TOS. Any blocking of data required for compliance under the TOS is considered to be violation of the TOS and may result in immediate termination of your right to use the SERVICE. BLK Inc reserves the right, but have no obligation, to monitor or become involved in disputes between you and other users.
5.2 Third Party Services and Contents.
6. Consent for Collection and Use of Data
7. Data Access
Some features of the SERVICE may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access. You are solely responsible for any charges incurred from your network provider related to the use of the SERVICE.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE including without limitation, all applicable export restriction laws and regulations.
IMPORTANT – READ CAREFULLY. THIS TERMS OF SERVICE (“TOS”) IS A LEGAL AGREEMENT BETWEEN YOU AND BLK INC FOR THE SERVICE AND ANY RELEVANT SOFTWARE OR DOCUMENTATION. BY AGREEING TO THIS TOS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THE TOS, THEN DO NOT INSTALL OR USE THE SERVICE.
9.1 Effective Date.
The TOS is effective upon your acceptance of the TOS, or upon your downloading, accessing or otherwise using the SERVICE. The SERVICE has no predetermined termination date and may continue until such time as BLK Inc decides to terminate the SERVICE or when the TOS is terminated consistent with the terms herein.
If you fail, or BLK Inc reasonably suspects that you have failed to comply with any of the provisions of the TOS, without limiting BLK Inc’s other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, BLK Inc may immediately discontinue your access to the SERVICE and terminate the TOS, and you will remain liable for all amounts due (if any) up to and including the date of termination.You may also terminate this TOS by ceasing your use of the SERVICE, and uninstalling, deleting and returning all related software, documentations and other materials provided by BLK Inc, including backup copies thereof. Upon termination of this TOS, you must immediately cease all use of the SERVICE.
10. Disclaimer of Warranty
THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. BLK INC AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, BLK INC AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL
(i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER,
(ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS
(iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR
(iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLK INC OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY BLK INC OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM BLK Inc.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLK INC OR ITS LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF BLK INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT BLK INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM BLK INC AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT BLK INC WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, OR FOR ANY CONTENT, VIDEO OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.
REGARDING THE SERVICE, PLEASE READ CAREFULLY THE FOLLOWING NOTICES AND DISCLAIMERS:
You will indemnify, release and hold harmless BLK Inc, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on BLK Inc’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of
(i) any use of the SERVICE by you or by any person that you allow to use the SERVICE that is not in accordance to the terms of the TOS,
(ii) any breach of the TOS by you or by any person that you allow to use the SERVICE or
(iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the SERVICE.
13. General Terms
13.1 Choice of Law.
These TOS, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of New York, without regard to its conflict or choice of law principles.
By using the SERVICE, you unconditionally consent and agree that:
(i) any claim, dispute or controversy (whether in contract, tort, or otherwise) you may have against any BLK Inc entity, the officers, directors, agents and employees of any BLK Inc entity (the “BLK Inc Entity(ies)”) arising out of, relating to, or connected in any way with the SERVICE or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS;
(ii) the arbitrator’s decision shall be controlled by the terms and conditions of the TOS and any other agreements referenced herein that you have agreed to in connection with the SERVICE;
(iii) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable BLK Inc Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and you will not file or participate in a class action against us;
(iv) the arbitrator shall not have the power to award punitive damages against you or any BLK Inc Entity;
If any term or provision of this TOS is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this TOS. The remaining provisions of this TOS shall remain in effect and shall be construed in accordance with its terms.
Sections 2, 3, 10, 11, 12 and 13 of the TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of the TOS, and shall remain valid and binding.
The headings contained in the TOS are for reference purposes only and shall not affect the meaning or interpretation of the TOS.
13.6 No Waiver.
The failure of BLK Inc to enforce at any time any of the provisions of the TOS, or the failure by BLK Inc to require at any time performance by you of any of the provisions of the TOS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of BLK Inc to enforce such provision thereafter. The express waiver by BLK Inc of any provision, condition or requirement of the TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
13.7 Third Party Sites.
13.8 Entire Agreement.
This TOS is the entire agreement between you and BLK Inc relating to the SERVICE and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by this TOS.
Except as otherwise provided by BLK Inc,
(i) BLK Inc does not grant you any rights to use such contents nor does it guarantee that such contents will continue to be available to you and
(ii) you shall not use commercially or illegally any videos, photographs, images, graphics, artwork, audio or similar assets (“Digital Materials”) accessed through the SERVICE, or otherwise use the Digital Materials outside the context of its intended use as part of the SERVICE. You also acknowledge and agree that you will not create or distribute any contents that are illegal and that you will be solely liable for those contents you created or distributed.
The SERVICE may require access to the Internet by using mobile data, which may result in additional charges depending on your data plan with the respective network provider.