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Terms & Conditions
BlockCentral.com owner of
BlockCentral.com (referred to herein as “BlockCentral.com,” “We,” “Us”,
“Website” or collectively, as “Company”)
This page states the “Terms and Conditions” of BlockCentral.com under
which You, (the “User”), may use BlockCentral.com, (the “Website”) and
any good, service or information available on the Website. The Terms
and Conditions are a legally binding contract.
By using this Website, You are indicating Your acceptance to be
bound by the terms of these Terms and Conditions and are indicating
that You are at least eighteen (18) years old.
BlockCentral.com (the “Company”) may
revise these Terms and Conditions at any time by updating this page.
It is advised that the User periodically review the Terms and
Conditions, because they are binding on the User. If at any time You
find the Agreement unacceptable, You should no longer use the
Website. The terms “You” and “User” as used herein refer to all
individuals and/or the entities they represent (jointly and
severally) accessing this Website for any reason and include, but
are not limited to, “Quilt Shops” (person(s) or entity that is
accessing the Website to obtain information about starting or
operating a quilt shop). These Terms and Conditions are effective as
of October 22, 2018.
Use of Material.
The Company authorizes You to view the Material (defined below) on
the Website and in emails from the Company solely for the purpose of
enhancing your knowledge and skills.
The compilation (meaning the collection, arrangement and assembly)
of all content on this Website is the exclusive property of the
Company and protected by copyright laws. Unauthorized use of the
Material may violate copyright, trademark, and other laws. You must
retain all copyright, trademark, service mark and other proprietary
notices contained in the original Material on any copy You make of
the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose not expressly
authorized in these Terms of Use. You may not “frame” the Materials
or display the Material through any other URL or in conjunction with
another company name or trademark. You shall not copy the HTML code
that the Company creates to generate its Web pages.
The Website is intended for individuals looking for ways to better
themselves and/or their skills. You may use this Website only for
lawful purposes within the stated context of the Website’s intended
and acceptable use. BlockCentral.com is the sole interpreter of the
Website’s intended and acceptable use. As a quilt member, this
authorizes You to view the material on the Website and in emails
from the Company solely for your personal use. Your use of the
Website is a privilege. BlockCentral.com reserves the right to suspend
or terminate that privilege for any reason at any time, in its sole
discretion.
Intellectual Property Rights.
The Website and all owner-created content are the right, title and
interest in and to the Website is the sole property of
BlockCentral.com,
a division of BlockCentral.com or its licensors, and is protected by
U.S. copyright and international treaties. Except for the limited
licenses expressly granted to you in these Terms and Conditions,
BlockCentral.com reserves for itself and its licensors all other right,
title and interest. Without limitation on the foregoing, you may not
reproduce, modify, display, sell, or distribute the Content, or use
it in any other way for public or commercial purpose. This includes
copying or adapting the HTML code used to generate Web pages on the
Website, the Website’s design logo and certain other names or logos
which are service marks or trademarks of BlockCentral.com, and all
related product and service names, design marks and slogans which
are the service marks or trademarks of BlockCentral.com. In addition,
the “look” and “feel” of the Website (including color combinations,
button shapes, layout, design and all other graphical elements) are
also protected by BlockCentral.com trademarks, service marks and
copyrights. All other product and service marks contained on the
Website are the trademarks of their respective owners.
Registration & User Information.
The Company may require that You register and provide the Company
with certain information including, name, mailing address and a
valid e-mail address (Your “User Information”). The Company will not
ever disclose to any third party (other than agents and
subcontractors of Company) Your name, mailing address, e-mail
address or telephone number without Your prior consent except as
provided in these Terms of Use (including Privacy Policy), to the
extent necessary or appropriate to comply with applicable laws or in
legal proceedings where such information is relevant. The Company
may offer third party services and products to You based on the
preferences that You provide in Your registration and at any time
thereafter; such offers may be made by the Company or by third
parties.
The Company may elect to, in its sole discretion, investigate and
take action based on allegations by a party that another party
violated these Terms of Use (however, the Company is not required to
do so). The Company need not verify or assess the accuracy of any
User Content or User Information.
Nothing on the Website shall be considered an endorsement,
representation or warranty with respect to any User or third party,
whether in regards to its web Website, products, services,
experience, or otherwise.
The Material may contain inaccuracies or typographical errors.
BlockCentral.com makes no representations about the accuracy,
reliability, completeness, or timeliness of the Website or the
Material. The use of the Website and the Material is at your own
risk. Changes are periodically made to the Website and may be made
at any time. You acknowledge and agree that you are solely
responsible for the form, content and accuracy of any material
contained therein placed by you on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE
ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR
THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR
ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL BLOCKCENTRAL.COM (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR
ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT WWW.BLOCKCENTRAL.COM IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY
TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY
REASON, THEN BLOCKCENTRAL.COM’S MAXIMUM LIABILITY TO YOU FOR ANY
NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
AGGREGATE.
(d) IN NO EVENT SHALL WWW.BLOCKCENTRAL.COM (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE
AGGREGATE OF US $200.00.
(e) Due to the nature of this Agreement, in addition to money
damages, you agree that BlockCentral.com will be entitled to equitable
relief upon a breach of this agreement by you.
Promise Not to Sue & Indemnity.
You promise not to sue the Company and hereby waive any and all
claims against the Company from any liability arising out of or
related to the acts or omissions of other users. You agree to
defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from Your breach of these
Terms of Use, or use of the Material or User Content. The Company
shall provide notice to You promptly of any such claim, suit, or
proceeding and shall assist You, at Your expense, in defending any
such claim, suit or proceeding.
Links.
The Website may contain links to third party Websites as a
convenience. The Company is not responsible for the content of
linked third party Websites and does not make any representations
regarding the content or accuracy of materials on such third party
Websites. If You decide to access linked third party Websites, You
do so at Your own risk. You acknowledge and agree that such links
are provided for your convenience and do not reflect any endorsement
by BlockCentral.com with respect to the provider of such linked Website
or the quality, reliability or any other characteristic or feature
of such linked Website and BlockCentral.com is not responsible in any
manner (including without limitation with respect to any loss or
injury you suffer) for any matter associated with the linked
Website, including without limitation, the content provided on or
through any such linked Website or your reliance thereon.
BLOCKCENTRAL.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR
OWN RISK. In addition, you should be aware that your use of any
linked Website is subject to the terms and conditions applicable to
that Website.
No Resale or Unauthorized Use.
You agree not to resell or assign Your rights or obligations under
these Term and Conditions. You also agree not to make any
unauthorized use of the Website.
Termination.
The Company reserves the right, at its sole discretion, to terminate
Your use of the Website at any time for any reason, in which case,
You would receive a refund for any amounts paid for services not yet
rendered if You were in compliance with these Terms and Conditions
when Company denied Your right of continued use of the Material or
Website. To the maximum extent allowed by law, the Company may deny
any company or person the right to use the Material or Website.
Amendments to this Agreement and Changes to Website.
BlockCentral.com may revise this document at any time by updating this
page. Changes will be binding on you on the date they are posted on
the Website (or as otherwise stated in the any notice of such
changes). Any use of the Website will be considered acceptance by
you of the then-current Terms and Conditions. If at any time you
find the Terms and Conditions unacceptable, you may not use the
Website any longer. Any new or different terms supplied by you are
specifically rejected by BlockCentral.com unless BlockCentral.com agrees
to them in a signed writing specifically including those new or
different terms. BlockCentral.com may change the Website at any time.
Questions and Notices.
Questions concerning the use of the Website should be directed to us
using the “Contact Us” page. Notices shall be sent, for
BlockCentral.com, to the address listed on the Website, and, for you,
to the email address submitted by you or such other address as
BlockCentral.com reasonably determines is an appropriate address for
you.
General.
BlockCentral.com makes no claims that the Content is appropriate or may
be downloaded outside of the United States. Access to the Content
may not be legal by certain persons or in certain countries, and
such persons have no right to access or use the Website. If you
access BlockCentral.com from outside of the United States, you do so at
your own risk and are responsible for compliance with the laws of
your jurisdiction. The Terms and Conditions and your Service
Agreement, if you have one, are governed by the internal substantive
laws of the State of Alabama, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under the Terms and
Conditions or your Service Agreement shall lie exclusively with the
state or federal courts in the State of Texas. The sole relationship
between You and BlockCentral.com is that of independent contractors. If
any provision of the Terms and Conditions is found to be invalid by
any court having competent jurisdiction, the invalidity of all or
part of a provision shall not affect the validity of the remaining
parts and provisions of the Terms and Conditions, which shall remain
in full force and effect. All provisions of the Terms and Conditions
shall survive termination except those granting access or use to the
Website, and you shall cease all your use and access thereof
immediately. You may not assign or transfer your obligations under
the Terms and Conditions. No waiver of any term of the Terms and
Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided by
BlockCentral.com in a particular “Legal Notice,” or software license or
material on particular Web pages of the Website, the Terms and
Conditions and your Service Agreement where applicable, constitute
the entire agreement between you and BlockCentral.com.
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