Please see below links to the notices, policies, Term and condition for our service.
important, read carefully:
Smart Blox (“S-Blox”) is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively “Products”). S-Blox provides a collaboration service that enables users to share and annotate documents and other materials and to communicate via messaging and web meetings. This policy covers the S-Blox website and is applicable worldwide and information collected by S-Blox. This policy outlines our personal information handling practices for both online and offline data. If you give us personal information, we will treat it according to this policy.
This privacy policy describes the types of personal information we collect and process, how we use it, how long we keep it, when it is shared, how you can manage it, and how we secure it.
If you give us personal information, we will treat it according to this policy. This policy may be updated from time to time and our website will indicate when the policy has been updated. You may access the current version at any time by clicking on the “Privacy Policy” link at the footer on our website.
What kinds of information do we collect?
We collect a variety of “Personal Information” which can include information that can be used to identify an individual, such as name, email address, postal or other physical address and job title. We collect such information from users of our Products. In connection with billing customers, we may also collect financial information such as credit or debit card number, bank account numbers, and customers’ billing and payment history, but all this will be on secure authorized payment gateways incase the customer select the option of billing online. Our Products allows users to post and communicate all types of content, which may include Personal Information regarding individuals.
We collect Personal Information related to persons who we believe might be interested in our Products and media and industry contacts for use in marketing and promotional activity.
We collect information from visitors to our website, and information from “cookies” (see below).
How do we use this information?
We use this information:
How long do we keep this information?
Information related to an individual associated with one of our customers is retained while the customer relationship is in place (and to complete any post-termination transactions or wind-down of activities) or until we are advised that the individual is no longer associated with that customer.
Information related to individuals who are contacted for marketing and promotional purposes is retained until they indicate they no longer wish to be contacted (e.g., unsubscribing from email solicitations).
Information related to individuals will generally be deleted when the purpose for which the information was being used no longer exists.
When do we share personal information?
We do not sell or rent your personal information to third parties for purposes unconnected to our uses of the information described above. However, we may provide personal information to other parties to help us accomplish the uses described above. Such sharing of information includes:
We provide the third parties with the minimum amount of personal information necessary to fulfill the terms of the predetermined service or transaction, and none of these third parties are permitted to use your personal information except for the purpose of providing a specific service on behalf of S-Blox. S-Blox is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. S-Blox complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
We may also provide information to third parties in connection with legal matters, which includes:
We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this policy. In order to let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.
How can I manage my personal information retained by S-Blox?
If you believe S-Blox is in possession of your Personal Information that you want modified or deleted, you may send an email request to info@s-blox.com. We may need to retain some Personal Information for the period of time necessary for legal proceedings, legal requirements or for settling your account.
Unsubscribing and Opting Out: Each promotional email from S_Blox or from third parties to whom S-Blox has given your email address with your consent includes instructions on how you can unsubscribe from that category of mailing or from receiving email from that third party. You may also unsubscribe from S-Blox’s promotional emails by sending an email, including your name and email address to info@s-blox.com, or a letter to:
S-Blox Holding ApS.
Attn: Privacy Officer
Strandvejen 100,
2900 Hellerup, Denmark.
If you have additional questions regarding your disclosure choices and S-Blox’s policies regarding receipt of promotional email, you may contact S-Blox by sending an email with your name and email address to info@s-blox.com.
S-Blox may obtain some Personal Information regarding you from Facebook. In order to keep your Personal Information accurate and up to date or to delete any Personal Information, you will need to manage that through your Facebook account. We do not have the ability to modify or delete your Facebook Personal Information.
How do we secure your information?
S-Blox is committed to protecting the Personal Information you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Information from unauthorized access, use or disclosure.
When we transfer credit card information over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your Personal Information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Safe Harbor
We Self-Certify Compliance with U.S. – E.U. Safe Harbor. S-Blox complies with
the U.S.–E.U. Safe Harbor Framework and the U.S.–Swiss Safe Harbor framework as
set forth by the U.S. Department of Commerce regarding the collection, use and
retention of personal data from the from European Union member countries and
Switzerland. S-Blox adheres to the Safe Harbor Privacy Principles of notice,
choice, onward transfer, security, data integrity, access, and enforcement. To
learn more about the Safe Harbor program, and to view S-Blox’s certification,
please visit http://www.export.gov/safeharbor/. If you have any questions about
this Privacy Policy, you should first contact us at info@s-blox.com.
Use of Cookies:
Like many websites, S-Blox uses technologies, such as cookies and web beacons,
which allow us to make your visit to our website easier, more efficient and
more valuable by providing you with a customized experience and recognizing you
when you return.
A cookie cannot read personal data off your hard disk or read cookie files created by other sites; indeed, the only Personal Information a cookie can contain is information you supply yourself. Accepting the cookies used on our website may give us access to information about your browsing behavior, which we may use to personalize your experience and track user traffic patterns, and to merge this info when you register. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. You may browse most of S-Blox’s website without accepting cookies from S-Blox; however, some website functionality may be lost by disabling cookies on your computer. Other S-Blox web pages, particularly those which require a login and password, require cookies and cannot be used when you have disabled cookies in your browser.
In addition, S-Blox uses web beacons in conjunction with cookies to understand user behavior. Web beacons are simply a convenient way of gathering basic statistics and managing cookies, and do not give away any extra information from your computer. Turning off your browser’s cookies will prevent web beacons from tracking your specific activity. If you prefer not to receive cookies while browsing our website or via HTML-formatted emails, you can set your browser to warn you before it accepts cookies or refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You may browse most of the S-Blox website without accepting cookies; however, some website functionality may be lost by disabling cookies on your computer. Other S-Blox web pages, particularly those which require a login and password, require cookies and cannot be used when you have disabled cookies in your browser. For additional information about cookies and other tracking technologies, including instructions for blocking their use, see http://privacy.getnetwise.org/browsing/tools.
Linked websites and third party services:
Our websites and services may provide links to other third-party
websites and services which are outside our control and not covered by this
policy. We encourage you to review the privacy policies posted on these (and
all) sites you visit or services you use. Some of the advertisements you see on
the Site are selected and delivered by third parties, such as ad networks,
advertising agencies, advertisers, and audience segment providers. These third
parties may collect information about you and your online activities, either on
the Site or on other websites, through cookies, web beacons, and other
technologies in an effort to understand your interests and deliver to you
advertisements that are tailored to your interests. Please remember that we do
not have access to, or control over, the information these third parties may
collect. The information practices of these third parties are not covered by
this privacy policy
Posting Content using S-Blox Products
If you provide or upload content using a S-Blox Product, you should be aware that the information you provide there may be made broadly available to others, potentially inside or outside S-Blox, who have access to that S-Blox binder or another content repository. Any content provided by a user is solely the responsibility of that user and should not be considered as reflecting the opinion of S-Blox.
Children’s privacy
S-Blox does not knowingly collect Personal Information from
children under the age of 13. If we learn that we have collected Personal
Information on a child under the age of 13, we will delete that data from our
systems. S-Blox encourages parents and guardians to go online with their
children. Here are a few tips to help make a child’s online experience safer:
Teach children never to give Personal Information (such as name, address, phone
number, school, etc.) unless supervised by a parent or responsible adult. Know
the sites your children are visiting and which sites are appropriate.
Look for website privacy policies. Know how your child’s information is
treated. Please visit the FTC’s website for more tips on protecting children’s
privacy online.
Consent to Transfer, Processing and Storage of Personal Information
We may transfer your Personal Information to the United States, to any S-Blox affiliate worldwide, or to third parties acting on our behalf for the purposes of processing or storage, and by providing any Personal Information you fully understand and unambiguously consent to such transfer, processing and storage of such information.
Questions or comments? Should you have any privacy-related questions or comments related to this privacy policy, please send an email to info@s-blox.com.
Policy updates: S-Blox may amend this privacy statement from time to time, and at any time. We will post a notice whenever this privacy statement is materially changed. Your continued use of the S-Blox website or Products after any change will signify and confirm your assent to those changes.
Provisions Specific to EU Citizens
Rights of EU Citizens Under the GDPR
If you are a citizen of the European Union you have certain rights relating to how others handle your personal information. These rights are:
1. The right to be informed how your personal information is being used.
2. The right of access your personal information and how it is processed.
3. The right to rectify personal information which is inaccurate or incomplete.
4. The right to erasure – also known as ‘the right to be forgotten’, this refers to an individual’s right to have their personal data deleted or removed.
5. The right to restrict processing, that is, the right to block or suppress processing of your personal data.
6. The right to data portability – this allows individuals to retain and reuse their personal data for their own purpose.
7. The right to object, in certain circumstances, to use your personal data in a manner different from the purpose for which it was provided.
8. Right to prevent automated decision making or profiling based on your data without human intervention.
The identity of Data Controller
When an individual is providing personal information in connection with the use of our Products in their capacity as an authorized user of a company which does business with S-Blox, the data controller is generally going to be that company.
If an individual is providing personal information directly to S-Blox, for example, as an S-Blox employee, a visitor to S-Blox’s website, or a party consenting to receive information regarding S-Blox and its Products, then S-Blox is generally going to be the data controller. In circumstances where S-Blox is the data controller, you can contact us at the email and physical addresses provided above in the section named “How can I manage my personal information retained by S-Blox?”
important, read carefully:
your use of and access
to the website and products and services and associated software (collectively,
the “products”) of S-Blox IPR ApS (“s-blox”) is conditioned upon your
compliance and acceptance of these terms.
by clicking/checking
the “i agree” button/box, accessing the S-Blox
website or by utilizing the S-Blox products you agree to be bound by these
terms and conditions. the S-Blox products are not
available to companies/users who are not legally eligible to be bound by these
terms of service.
This is a legal agreement (“Agreement”) between
You and S-Blox for use of the Products which You
selected or initiated. “You” refers to the individual purchasing the Products
on behalf of an entity and is authorized to purchase the Products on behalf of
such entity and has provided credit card or other payment mechanism for the
Products either directly with S-Blox or through a third party, then “You”
refers to such entity, or simply an employee within that entity who is using or
accessing the Products and is registered. All credit/debit cards details and
personally identifiable information will NOT be stored, sold, shared, rented or
leased to any third parties. If You do not agree with
the terms of this Agreement, do not use or access the Products or, when
applicable, click the “Cancel” button and do not purchase the Products. If you
make a payment for our products or services on our website, the details you are
asked to submit will be provided directly to our payment provider via a secured
connection. The cardholder must retain a copy of transaction records and
Merchant policies and rules.
S-Blox reserves the right to modify these Terms
of Service by posting new Terms of Service on its website. Your continued use
of the Products after the new Terms of Service are posted will constitute your
acceptance of the new Terms of Service. Therefore, the Customers’ are
encouraged to frequently visit these sections in order to be updated about the
changes on the website. Modifications will be effective on the day they are
posted. Any software associated with the Products and website is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties.
RODUCTS: S-Blox will provide the Products in
accordance with this Agreement. In order to use certain Products You may be
required to download content, software, and/or required to agree to additional
terms and conditions. Unless otherwise expressly set forth in any such additional
terms and conditions applicable to the specific Products which You choose to use, those additional terms are hereby
incorporated into this Agreement in relation to Your use of that Product. S-Blox
may at its sole discretion, discontinue the Products or modify the features of
the Products from time to time without prior notice. Use of the Products
requires one or more compatible devices, Internet access (fees may apply), and
certain software (fees may apply), and may require obtaining updates or
upgrades from time to time. Because use of the Products involves hardware,
software, and Internet access, Your ability to use
such Products may be affected by the performance of these factors. High speed
Internet access is recommended. You acknowledge and agree that such system
requirements, which may be changed from time to time, are Your
responsibility.
RESPONSIBILITY FOR REGISTRATION INFORMATION AND
CONTENT OF YOUR COMMUNICATIONS: You may be required to provide information
about Yourself in order to register for and/or use
certain Products. You agree that any such information shall be accurate. You
may also be asked to choose a user name and password. You are entirely
responsible for maintaining the security of Your user
name and password and agree not to disclose such to any third party. By
registering with S-Blox, you understand that we may send you communications or
data regarding Products, including but not limited to (a) notices about your
use of the Products, including any notices concerning violations of use, (b)
updates, and (c) promotional information and materials regarding Products, via
electronic mail. We give you the opportunity to opt-out of receiving electronic
mail from us constituting marketing or promotional material by following the
opt-out instructions provided in the message. You acknowledge that it is
necessary for S-Blox to send certain electronic mail in order to deliver the
Products to you and that your decision to opt-out of receiving marketing and
promotional materials will not result in discontinuing the delivery of
electronic mail necessary for use or delivery of the Products.
You agree that You are
solely responsible for the pictures, video, graphics, text or other content
(“Content”) sent by You or displayed or uploaded by You with or to the
Products, either directly or through another application. Except for material
that we license to you, we don’t claim ownership of any Content that is
transmitted, stored, or processed in your account(s). We also don’t control,
verify, or endorse the Content that you and others make available on the
Products.
We provide functions that allow you to control
who may access your Content. If you enable the features that allow you to share
the Content with others, anyone you’ve shared content with (including the
general public, in certain circumstances) may have access to your Content.
You hereby grant S-Blox and its contractors the
right, to use, modify, adapt, reproduce, distribute, display and disclose
Content posted on the Products solely to the extent necessary to provide the
Products or as otherwise permitted by this Agreement. By publishing Content to
any S-Blox Facebook page or other S-Blox social network page or by sending
Content over Twitter and including #S-Blox #MyS-Blox @MyS-Blox @S-BloxHQ or any
other S-Blox social media handle, you agree that S-Blox has the right to use, distribute,
publish, display and disclose such Content in connection with S-Blox sales,
advertising, marketing and promotional activity. You represent and warrant
that: (a) you have all the rights in the Content necessary for you to use the
Products and to grant the rights in this Agreement, and (b) the storage, use or
transmission of the Content doesn’t violate any law, this Agreement or the
rights of any third parties. You will: (i) be solely
responsible for the nature, quality and accuracy of the Content; (ii) ensure
that the Content (including the storage or transmission thereof) complies with
this Agreement and any and all applicable laws, and regulations; (iii) promptly
handle and resolve any notices and claims relating to the Content, including
any notices sent to you by any person claiming that any Content violates any
person’s rights, such as take-down notices pursuant to the Digital Millennium
Copyright Act and any other notices; and (iv) maintain appropriate security,
protection and backup copies of the Content, which may include, your use of
additional encryption technology to protect the Content from unauthorized
access. S-Blox will have no liability of any kind as a result of the deletion
of, correction of, destruction of, damage to, loss of or failure to store or
encrypt any Content. You must immediately notify S-Blox in writing of any
unauthorized use of any (a) Content (b) Your account, or (c) the Products that
comes to your attention. In the event of any such unauthorized use by any third
party that obtained access through you, you will take all steps necessary to
terminate such unauthorized use. You will provide S-Blox with such cooperation
and assistance related to any such unauthorized use as S-Blox may reasonably
request.
S-Blox is for use by businesses, organizations
and other groups of users (“Groups”) and allows the administrator for the Group
to have access to all accounts associated with that Group, including the right
to view, edit, add and delete Content.
You agree that You
will not use the Products to send unsolicited commercial e-mail in violation of
applicable law. You further agree not to use the Products to communicate any
message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of
any party or is otherwise unlawful, that would give rise to civil liability, or
that constitutes or encourages conduct that could constitute a criminal
offense, under any applicable law or regulation. You further agree not to
provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated as a terrorist organization. You further agree not
to upload or transmit any software, Content or code that does or is intended to
harm, disable, destroy or adversely affect performance of the Products in any
way or which does or is intended to harm or extract information or data from
other hardware, software or networks of S-Blox or other users of Products.
Recognizing the global nature of the Internet, You also agree to comply with
applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable
content and the transmission of technical data exported the country in which
You reside. S-Blox reserves the right to investigate and take appropriate
action against anyone who, in S-Blox’s sole discretion, is suspected of
violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Products is
void where prohibited. Although S-Blox is not responsible for any Content in
violation of this provision, S-Blox may delete any such Content of which S-Blox
becomes aware, at any time without notice to You. You
retain copyright and any other rights You already hold
in Content which You submit, post or display on or through, the Products. You
understand and agree that by displaying, exchanging or uploading Content to a S-Blox
website transmitting Content using the Products or otherwise providing Content
to S-Blox, You automatically grant (and warrant and represent You have a right
to grant) to S-Blox a world-wide, royalty-free, sublicensable (so S-Blox
affiliates, contractors, resellers and partners can deliver the Products)
perpetual, irrevocable license to use, modify, publicly perform, publicly
display, reproduce and distribute the Content in the course of offering the
Products.
RESPONSIBILITY FOR CONTENT OF OTHERS: It is
possible that other users of the Products (“Users”) may violate one or more of
the above prohibitions. S-Blox assumes no responsibility or liability for such
violation. If You become aware of any violation of
this Agreement in connection with use of the Products by any person, please contact
S-Blox at info@S-Blox.com. S-Blox may investigate any complaints and violations
that come to it’s attention and may take any action
that it believes is appropriate, including, but not limited to issuing
warnings, removing the content or terminating accounts and/or User profiles.
However, because situations and interpretations vary, S-Blox also reserves the
right not to take any action. Under no circumstances will S-Blox be liable in
any way for any data or other content viewed while using the Products,
including, but not limited to, any errors or omissions in any such data or
content, or any loss or damage of any kind incurred as a result of the use of,
access to, or denial of access to any data or content. If at any time You are not happy with the Products, Your sole remedy is to
cease using the Products.
ELIGIBILITY: You affirm that You are of legal
age and are otherwise fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in this Agreement (or Your parent or guardian has agreed to this
Agreement on Your behalf), and to abide by and comply with this Agreement. Minors
under the age of 18 shall are prohibited to register as a User of this website
and are not allowed to transact or use the website.
CHARGES: You agree that S-Blox may charge to Your credit card or other payment mechanism selected by You
and approved by S-Blox (“Your Account”) all amounts due and owing for the
Products, including Product fees, set up fees, subscription fees, or any other
fee or charge associated with Your Account. S-Blox may change prices at any
time without prior notice, including charging for Products that were previously
offered free of charge. You agree that in the event S-Blox is unable to collect
the fees owed to S-Blox for the Products through Your Account, S-Blox may take
any other steps it deems necessary to collect such fees from You and that You
will be responsible for all costs and expenses incurred by S-Blox in connection
with such collection activity, including collection fees, court costs and
attorneys’ fees. You further agree that S-Blox may collect interest at the
lesser of 1.5% per month or the highest amount permitted by law on any amounts
not paid when due.
LIMITATIONS ON USE: The Products may be used
for internal business only. You will not reproduce, resell, or distribute the
Products or any reports or data generated by the Products for any purpose
unless You have been specifically permitted to do so
under a separate agreement with S-Blox. You will not offer or enable any third
parties to use the Products purchased by You, display on any website or
otherwise publish the Products or any Content obtained from a Product (other
than Content created by You) or otherwise generate income from the Products or
use the Products for the development, production or marketing of a service or
product substantially similar to the Products. You shall not engage in any
activity or use the Products in any manner that could damage, disable,
overburden, impair or otherwise interfere with or disrupt the Products, or any
servers or networks connected to the Products or S-Blox’s security systems.
EDUCATION RECORDS: If you are a teacher,
principal, professor, or other education professional (“Teacher”) using the
Products in connection with your work, the following terms apply to you: (i) You represent and warrant that you have permission from
your school, district, or other educational institution or authority, as
applicable (“School”), to enter into this Agreement and to use the Products in
connection with your work. If you are entering into this agreement on behalf of
your School, you further represent and warrant that you have authority to bind
your School to the terms of this Agreement. (ii) You acknowledge that the
Family Educational Rights and Privacy Act (“FERPA”) may apply to your use of
the Products. You acknowledge that certain Content that is uploaded or created
in connection with your use of the Products may be considered education records
under FERPA (“Education Records”), and you represent, warrant, and covenant
that your School has obtained appropriate written permission from the parent or
eligible student to the extent required by FERPA. You further represent,
warrant, and covenant and agree you and the School will be solely responsible
for maintaining backup copies of all Education Records and providing parents or
eligible students access to Education Records for the purposes of inspecting,
reviewing, and correcting any information in such records. (iii) You further
understand and acknowledge that the Children’s Online Privacy and Protection
Act (“COPPA”) prohibits online service providers from knowingly collecting
personally identifiable information from children under 13 of age without
verifiable parental consent, and you accordingly agree you will not, and you
are prohibited from, inviting or authorizing children under the age of 13 to
use the Products.
If you are a student accessing and using the
Products in connection with your school work (a “Student”), You hereby
authorize and consent to S-Blox storing or accessing Education Records, and to
the extent that you are under eighteen years of age, you represent, warrant,
and covenant that you have obtained permission from your parent, legal
guardian, or other person authorized to provide such permission.
PROPRIETARY RIGHTS: S-Blox and/or its
suppliers, as applicable, retain ownership of all proprietary rights in the
Products and in all trade names, trademarks, service marks, logos, and domain
names (“S-Blox Marks”) associated or displayed with the Products. You may not
frame or utilize framing techniques to enclose any S-Blox Marks, or other
proprietary information (including images, text, page layout, or form) of S-Blox
without express written consent. You may not use any meta
tags or any other “hidden text” utilizing S-Blox Marks without S-Blox’s express
written consent.
COPYRIGHT: You may not post, modify,
distribute, or reproduce in any way copyrighted material, trademarks, rights of
publicity or other proprietary rights without obtaining the prior written
consent of the owner of such proprietary rights. S-Blox may deny access to the
Products to any User who is alleged to infringe another party’s copyright.
Without limiting the foregoing, if You believe that Your copyright has been
infringed, please provide S-Blox’s Copyright Agent with the following
information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that You claim has been
infringed; (iii) a description of where the material that You claim is
infringing is located on the Products; (iv) Your address, telephone number, and
email address; (v) a written statement by You that You have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; (vi) a statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright owner or
authorized to act on the copyright owner’s behalf. S-Blox’s Copyright Agent for
notice of claims of copyright infringement can be reached as follows: email: info@s-blox.com;
regular mail: of S-Blox IPR ApS., Strandvejen 100, 2900
Hellerup. In the event Your content is removed
pursuant to this process, You will receive information on how to file a
counter-notice. Notices and counter-notices are legal notices distinct from
regular Product activities or communications. As such, they are not subject to S-Blox’s
Privacy Policy. This means S-Blox may publish or share them with third parties
at our discretion, and S-Blox may produce them pursuant to a legal discovery
request.
TERMINATION: You may terminate this Agreement
by providing thirty (30) days prior written notice via email to S-Blox at info@s-blox.com.
If you have purchased a Product for a specific term, such termination will be
effective on the last day of the then-current term, subject to thirty (30) days
prior notice. If You fail to comply with any provision
of this Agreement, S-Blox may terminate this Agreement immediately without
notice. Sections 2 through 15, inclusive, shall survive any termination of this
Agreement. Upon any termination of this Agreement, You must cease any further
use of the Products and destroy any copies of associated software within Your possession and control. You will not destroy or attempt
to harm any Products or associated software on S-Blox’s servers or S-Blox’s
network.
EXPORT RESTRICTIONS: You acknowledge that the
Products, or portion thereof may be subject to the export control laws of the
United States. You will not export, re-export, divert, transfer or disclose any
portion of the Products or any related technical information or materials,
directly or indirectly, in violation of any applicable export law or
regulation.
INJUNCTIVE RELIEF: You acknowledge that any use
of the Products contrary to this Agreement, or any transfer, sublicensing,
copying or disclosure of technical information or materials related to the
Products, may cause irreparable injury to S-Blox, its affiliates, suppliers and
any other party authorized by S-Blox to resell, distribute, or promote the
Products (“Resellers”), and under such circumstances S-Blox, its affiliates,
suppliers and Resellers will be entitled to equitable relief, without posting
bond or other security, including, but not limited to, preliminary and
permanent injunctive relief.
NO WARRANTIES: you understand and agree that
the products are provided “as is” and s-blox, its affiliates, suppliers and
resellers expressly disclaim all warranties of any kind, express or implied,
including without limitation any warranty of merchantability, fitness for a
particular purpose or non-infringement. s-blox, its affiliates, suppliers and
resellers make no warranty or representation regarding the results that may be
obtained from the use of the products, regarding the accuracy or reliability of
any information obtained through the products or that the products will meet
any user’s requirements, or be uninterrupted, timely, secure or error free. use of the products is at your sole risk. any
material and/or data downloaded or otherwise obtained through the use of the
products is at your own discretion and risk. you will
be solely responsible for any damage to you resulting from the use of the
products. the entire risk arising out of use or
performance of the products remains with you. s-blox
does not assume any responsibility for retention of any user information or
communications between users. s-blox cannot guarantee
and does not promise any specific results from use of the products. use is at your own risk. You agree to indemnify, defend and
hold harmless S-Blox, its affiliates, officers, directors, employees,
consultants, agents, suppliers and Resellers from any and all third party
claims, liability, damages and/or costs (including, but not limited to,
attorneys’ fees) arising from Your use of the Products, Your violation of this
Agreement or the infringement or violation by You or any other user of Your
account, of any intellectual property or other right of any person or entity.
Without limiting the foregoing, the Products are not designed or licensed for
use in hazardous environments requiring fail-safe controls, including without
limitation operation of nuclear facilities, aircraft navigation/communication
systems, air traffic control, and life support or weapons systems. Without
limiting the generality of the foregoing, S-Blox, its affiliates, suppliers and
Resellers specifically disclaim any express or implied warranty of fitness for
such purposes.
PRIVACY: Use the
Products is also subject to S-Blox’s Privacy Policy, a link to which is located
at the footer on S-Blox’s website, and which is incorporated into this
Agreement by this reference. Additionally, You
understand and agree that S-Blox may contact You via e-mail or otherwise with
information relevant to Your use of the Products, regardless of whether You
have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of
certain communications You initiate through the Products.
LIMITATION OF LIABILITY: to the maximum extent
permitted by applicable law, in no event will s-blox or its affiliates,
suppliers or resellers be liable for any special, incidental, indirect,
exemplary or consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss or damage) arising out of the use of
or inability to use the products or the provision of or failure to provide
technical or other support services, whether arising in tort (including
negligence) contract or any other legal theory, even if s-blox, its affiliates,
suppliers or resellers have been advised of the possibility of such damages. in
any case, s-blox’s, its affiliates’, suppliers’ and resellers’ maximum
cumulative liability and your exclusive remedy for any claims arising out of or
related to this agreement will be limited to the amount actually paid by you
for the products (if any) in the twelve (12) months preceding the event or
circumstances giving rise to such claims. because some
states and jurisdictions do not allow the exclusion or limitation of liability,
the above limitation may not apply to you.
Choice of Law and Forum: This Agreement shall
be governed by and construed under the laws of EU/Denmark. The parties consent
to the exclusive jurisdiction and venue of the state courts located in and
serving Copenhagen/Denmark.
Waiver and Severability: Failure by either
party to exercise any of its rights under, or to enforce any provision of, this
Agreement will not be deemed a waiver or forfeiture of such rights or ability
to enforce such provision. If any provision of this Agreement is held by a
court of competent jurisdiction to be illegal, invalid or unenforceable, that
provision will be amended to achieve as nearly as possible the same economic
effect of the original provision and the remainder of this Agreement will
remain in full force and effect.
General Provisions: This Agreement embodies the
entire understanding and agreement between the parties respecting the subject
matter of this Agreement and supersedes any and all prior understandings and
agreements between the parties respecting such subject matter, except that if
You or Your company have executed a separate written agreement or you have
signed an order form referencing a separate agreement governing your use of the
Products, then such agreement shall control to the extent that any provision of
this Agreement conflicts with the terms of such agreement. S-Blox may elect to
change or supplement the terms of this Agreement from time to time at its sole
discretion. These changes will be effective upon posting on S-Blox’s website.
If You do not agree with the changes, You should
discontinue using the Products. If You continue using
the Products after such changes are effective, You will be deemed to have
accepted the changes to the terms of this Agreement. In order to participate in
certain Products, You may be notified that You are
required to download software and/or agree to additional terms and conditions.
Unless expressly set forth in such additional terms and conditions, those
additional terms are hereby incorporated into this Agreement. This Agreement
has been prepared in the English Language and such version shall be controlling
in all respects and any non-English version of this Agreement is solely for
accommodation purposes. All notices or other correspondence to S-Blox under
this Agreement must be provided to the email address set forth in Section 10
above, or other contact information as provided by S-Blox for such purpose. Any
and all rights and remedies of S-Blox upon Your breach or other default under
this Agreement will be deemed cumulative and not exclusive of any other right
or remedy conferred by this Agreement or by law or equity on S-Blox, and the
exercise of any one remedy will not preclude the exercise of any other. The
captions and headings appearing in this Agreement are for reference only and
will not be considered in construing this Agreement.