Welcome to BlinkinBlox, Inc.
1. Yes, This is a Real Contract
We have done our best to avoid most of the legal mumbo jumbo that typically makes these things confusing to normal people but a few legal concepts are unavoidable — like this one: When you click “I Agree”, “I Accept”, or otherwise use the service you are entering into a contract with BlinkinBlox, Inc. whereby you agree to abide by the ToU. From time to time we’ll be making tweaks to our TOU. You promise to abide by the new rules of the road as soon as they are posted here. If you have an issue with anything we put in the ToU you should not use the service because changes to the ToU will become effective immediately and your use of the service is always subject to the latest version of the ToU. Any ToU hyperlinks are incorporated herein by reference and therefore made an integral part of these ToU. These ToU are a contract that protect both BlinkinBlox, Inc. and our customers.
2. What You’re Getting and What You’re Not Getting
BlinkinBlox, Inc. will provide you with access to the BlinkinBlox websites and services that you purchase for the purpose of transacting business and just generally accomplishing what you wish to accomplish. Access to, and use of, password protected areas of the BlinkinBlox websites, forums, and orchestration tools is restricted to authorized users and their designated representatives only.
You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the BlinkinBlox websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to BlinkinBlox; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify BlinkinBlox immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data including, without limitation, access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. BlinkinBlox will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by BinkinBlox, Inc. or its users due to someone else misusing your password or account. You may not use any other account(s) at any time without the permission of the account holder.
BlinkinBlox is constantly striving to make our services and support better. We have to have discretion to make changes as we see fit. BlinkinBlox, Inc. offers limited support for the services as described in the Support section of our website and BlinkinBlox, Inc. reserves the right to change its support policy at any time.
The service and the BlinkinBlox name and logo are the property of BlinkinBlox, Inc. and are protected by international treaties and laws of the U.S. and other countries and, just to be clear, you’re not getting any rights involving our intellectual property (other than the right to access and use the service per the ToU).
Now then, we’ll be the first to admit that we think that Copyright Reform needs to happen but until that time: You may not use the Blinkinblox websites, content or online mediums for any purpose or in any manner that infringes the rights of any third parties. BlinkinBlox encourages you to report any content on the BlinkinBlox websites and infrastructure that you believe infringes on any copyrights.
For our part we should mention that we reserve the right to filter, tarpit, or otherwise block some layer 3 and 4 protocols and services such as Outbound SMTP Port 25 (because UCE/spam is a scourge) and Bit Torrent ports as necessary. We REALLY don’t like responding to Intellectual Property infringement claims or UCE/spam complaints and we believe that these two paragraphs on the matter should be sufficient. Just act responsibly and don’t do anything we wouldn’t do.
4. Access to BlinkinBlox’s Services
Your status as a subscriber, customer, client or contract-holder (beyond any trial period or other promotion granted to you – which would be subject to these TOU in all other respects) is conditional based on your paying BlinkinBlox a fee for services rendered. In the event you lose your access to the service for any reason, including for non-payment of fees, you will most likely lose any stored configurations and other data and settings associated with your account and BlinkinBlox, Inc. will not be liable to you or any third party for such loss. That said, we’re not meanies and typically observe a generous grace period, including numerous attempts to contact our customers, before deleting user data and locking accounts. And this is your first gentle nudge to remind you to back your stuff up, always, everywhere.
5. Nobody’s Perfect
Okay, here are some additional but unavoidable legalisms: We like to think that we provide good service and we work hard to do so, but BlinkinBlox , Inc. unfortunately can’t make any guarantees as to its availability, accuracy, completeness or any other aspect. BlinkinBlox, Inc. makes the service available to you on an “as-is” and “as-available” basis. ACCORDINGLY, YOU ASSUME ALL RISKS IN USING THE SERVICE, INCLUDING WITHOUT LIMITATION FOR TRADING PURPOSES, AND BLINKINBLOX, INC. WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS AND EXPENSES SUFFERED OR INCURRED BY YOU OR ANY THIRD PERSON UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING OUT OF ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, ANY CANCELLATION OF ALL OR PART OF THE SERVICE, AND ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SERVICE. BLINKINBLOX, INC. MAKES NO WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. Under no circumstances will BlinkinBlox, Inc. be liable for any indirect, incidental, special or consequential damages with respect to the subject matter of these TOU, including lost profits, regardless of whether such damages could have been foreseen or prevented by BlinkinBlox, Inc. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANYTHING INCONSISTENT WITH THIS PARAGRAPH.
Please don’t think we’re being unreasonable here – most of this is all pretty standard. And this is your second gentle nudge to remind you that backups are important, whether you are dealing with the desktop computer sitting in front of you, your mobile device, or “in the cloud”, as it were. Basically, back your stuff up, always, everywhere. “The cloud” is not magic, accidents happen, and services and businesses come and go. We want you and your data to be safe. We promise to work hard to help you with that if you so wish, but your data integrity starts (and ultimately ends) with you.
Because we are based in the United States you have to comply with U.S. export laws and regulations in providing and using the service. You represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and you or users administered by you shall not use the service in violation of any U.S. export embargo, prohibition or restriction. We honor all Federal, State, and Local law enforcement inquiries and warrants that are specific in their scope. We also challenge any overly-broad requests for user data when necessary because we respect your privacy.
And one more thing – as you surely know, you cannot use the service for any illegal purposes. That means you will not use the service for anything that is against the laws of your (or our) state(s), localities, or municipalities. Again, don’t do anything we wouldn’t do.
6. General Stuff
This contract between you and us begins when you start to use the service. It ends when either you or we say it ends; you by ceasing all use of the service; or BlinkinBlox by discontinuing the service or your access to it (which we technically have to have a right to do at any time). If for any reason we terminate the service or your access thereto, you agree that your sole and exclusive remedy is a pro-rata refund of any fee you paid to BlinkinBlox in advance of such termination.
For legal purposes this contract will be considered made in Iowa and interpreted under Iowa law. Your right to use the service was given to YOU, which means you can’t transfer that right or palm off your obligations on anyone else. There exists no joint venture, partnership, agency or fiduciary relationship between you and BlinkinBlox, Inc. just because you agree to the ToU and use the service. If this contract terminates the provisions of Sections 1, 4 & 5 of the ToU will still apply. Finally, these ToU are the entire agreement between you and BlinkinBlox, Inc. regarding the service and supersede any prior communications and understandings, whether oral or in writing, concerning the subject matter of these ToU.
We hope you enjoy using our services and find them useful.
We welcome any feedback that you may have.