Introduction
Welcome to Bloc.net, the future generation social networking site where members can stay in touch with their friends, classmates and hang out with other people around your area. Bloc.net is operated by Bloc As and may be accessed through the internet and through WAP services provided by certain mobile network providers. By using Bloc you accept and agree to be bound by the following terms and conditions (the 'Terms of Service').
Eligibility and Registration
We reserve the right to change, modify, add or delete portions of these Terms & Conditions at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users and email notifying you of the change. If any modification is unacceptable to you, you shall stop using the Bloc service. Your continued use of the Bloc service following our posting of a change notice or new agreement on our site or receiving our email notifying you of the change will constitute your binding acceptance of the change.
Member Conduct and Appropriate Content
The Bloc service is made available for your personal, non-commercial use only. You may not use the Bloc Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Bloc Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Bloc have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Bloc Service.
Conditions for use
You agree to abibe by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Bloc service. By way of example, and not as limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.
- Use other Member's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Bloc.
- Create a false or misleading identity.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Bloc Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the Bloc Service, other accounts, computer systems or networks connected to the Bloc Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the Bloc Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Bloc Service.
- Reformat or frame any portion of the web pages that are part of the Bloc Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Bloc Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the Bloc Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Bloc website by electronic or other means.
Proprietary Rights
Bloc does not claim any ownership rights in any Materials that you submit, post, or display on or through the Bloc Services or on the Bloc Web site. After submitting, posting or displaying Materials on or through the BlocServices or on the Bloc Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Bloc Service, you hereby grant to Bloc a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Bloc Service and temporary campaignsrunned, controlled, guided or managed by Bloc or in cooperation with partners.
Without this license, Bloc would be unable to provide the Bloc Service. For example, without the right to modify your Materials, Bloc would not be able to digitally compress music/images/video files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Bloc could not allow users and Members to listen to music posted by Members. The license you grant to Bloc is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Bloc), fully-paid and royalty-free (meaning that Bloc is not required to pay you for the use on the Bloc Service of the Materials that you post), sub licensable (so that Bloc is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the BlocService), and worldwide (because the Internet and the BlocService are global in reach). This license will terminate at the time you remove your Materials from the BlocService, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Bloc Service, Blocreserves the right to remove all of your Materials from other Member's pages. The license does not grant Bloc the right to sell your Materials, nor does the license grant Blocthe right to distribute your Materials outside of the BlocService. You represent and warrant that:
(i) you own the Materials posted by you on or through the BlocService or otherwise have the right to grant thelicense set forth in this section, and
(ii) the posting of your Materials on or through the BlocService does not violate the privacy rights, publicityrights, copyrights, contract rights or any other rightsof any person. You agree to pay for all royalties, fees,and any other monies owing any person by reason of anyMaterials posted by you to or through the Bloc Service.
Bloc As and its affiliates and licensors own and retain all rights in the Bloc Web site and Bloc Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all
(1) text,
(2) software,
(3) photographs,
(4) graphics,
(5) page layout, and
(6) design presented through and as part of the Bloc Service by Bloc. Except as expressly authorized by Bloc, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Bloc's proprietary information.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Bloc respects the intellectual property rights of others and will terminate any user's access to the Bloc website according to these terms of use if Bloc is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the Bloc website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
(ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
(iii) the country or countries to which your copyright applies;
(iv) a description of the way in which the copyright material has been infringed;
(v) a description of where the material that you claim is infringing is located on the Blocweb site (including a URL and/or screen shot);
(vi) your address, telephone number, and email address so that we may get in contact with you;
(vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint;
(viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
(ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and
(x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Bloc Copyright Infringement Notification]
Joakim Lund Rangel
Email: post@bloc.no
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Bloc. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Blocin bad faith.
If you believe that any material that you have uploaded on to the Bloc website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Bloc has disabled access and the accompanying location of such material;
(ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Bloc with the complaint in question;
(iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and
(iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included
all of the information set out above, please send it to:
Joakim Lund Rangel
Email: post@bloc.no
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Bloc. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Bloc in bad faith.
Termination of the Bloc Service
These Terms of Service will apply to your use of the Bloc Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Bloc Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Bloc may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the BlocService, or any part thereof, with or without notice. You agree that any termination of access to the BlocService under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Blocmay immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the BlocService. Where possible, Blocwill use reasonable efforts to give Members fair notice of termination or suspension of their access to the BlocService. Further you agree that Bloc shall not be liable to you or any third party for any termination or suspension of access to the BlocService or modification of the Bloc Service.
Rights you give Bloc
Bloc has the rights to send you information about Bloc and about partners of Bloc. Bloc also has the rights to send commercial messages to you through, but not limited to, E-mail, SMS, MMS and other electronic and non-electronic communication platforms. The content of the messages can have been adjusted to stored information about you, interests or how you answer to questions/market research programs. On Market research from third party, the request will always be sent from Bloc. Bloc has the rights to sell these results. The static material cannot be connected to you as a singel person, and the results will never lead to your name, email, address or other strict personal information.
Limitation of Liability
YOUR USE OF THE BLOC SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL BLOC, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE BLOC SERVICE, WHETHER OR NOT BLOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY
(I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BLOC SERVICE, FROM INABILITY TO USE THE BLOC SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BLOC SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND
(II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE BLOC SERVICE OR ANY PART OF THE BLOC SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLOC SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL BLOC BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN RESPECT OF
(I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF BLOC OR
(II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Miscellaneous
The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Oslo, Norway. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of Bloc's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as Bloc.
Without limiting the foregoing, under no circumstances shall Bloc be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, George W. Bush, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Bloc with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
