End-User License Agreement
This End–User License Agreement, hereinafter referred to as «Agreement», is a legal agreement between you, and Blocksport AG.
This Agreement governs your use of this App directly from Blocksport AG, hereinafter referred to as «Blocksport AG».
This Agreement shall apply only to the app supplied by Blocksport AG herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services, unless other terms accompany those items on delivery. If so, those terms apply.
Please carefully read this Agreement and make sure you fully understand everything before you proceed as by accepting the terms and conditions of this Agreement you shall be bound by it.
The terms provided below are used hereunder exclusively for your convenience and does not affect its legal meaning set out by applicable law. Such terms shall be construed as follows.
a) Service(s) means the services, content, information, software and applications we make accessible to you through our app.
b) User means any person who uses App and/or other services operated by Blocksport AG.
c) Effective Date means the date you accept the terms and conditions of this agreement in one or more of the ways referred to in Section 2 of this Agreement.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this Agreement, do not install or use the App, and you must not accept this Agreement.
If you disagree with this Agreement in full or any part thereof as well as the new upload version of it, please immediately stop using the services provided hereunder.
3. ACCOUNT & SERVICES
To obtain access to and use the Services you may be required to create your app account. You can`t use the Services as long as you create your App account.
You also can register by providing your email address or if you are an IOS user you have the ability to register using Apple ID.
If you provide any false, inaccurate or incomplete information or if Blocksport AG considers that there are reasonable causes to doubt the accuracy, integrity or truthfulness of such information, Blocksport AG may deny you access to, and use of, the Services hereunder or any content included herein.
You agree to use the Services, including all features and functionalities associated therewith, pursuant to this Agreement, all applicable laws, regulations and rules, or other restrictions on the use of the Services or content therein. You may not use theServices otherwise than for personal and non-commercial purposes.
Blocksport AG regularly updates the App, all the Services and all the content accessible through them. Blocksport AG also constantly tests and monitors various aspects of the Services, including without limitation, App, promotional features, User interfaces, availability of the content accessible through the Services.
Blocksport AG may at its sole discretion use commercially reasonable efforts to provide technical support for Services. Technical support shall be determined exclusively by Blocksport AG and may be provided, including without limitation, by way of telephone and email assistance. Blocksport AG is not responsible for providing technical support for any products, apps or services provided to you by any third party.
4. INTELLECTUAL PROPERTY
To access the ServicesBlocksport AG hereby grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license. Except as provided herein, you shall not obtain under this Agreement from Blocksport AG or other affiliates or persons acting on behalf of Blocksport AG, any other rights, including without limitation, any related intellectual property rights.
You may upload App and use the Services on a smartphone or tablet under your control. You are responsible for ensuring your device meets the minimum requirements of App.
You may not reproduce, archive, modify, distribute, display, publish, perform, license or sublicence, offer for sale or sell, create derivative works from, or use, except as explicitly specified in this Agreement, App or any other content or information or any part thereof accessible, contained on or obtained from or through the Services. You also may not use any spider, scraper, robot or any other automated means to accessthe Services; reverse engineer, decode, emulate, disintegrate, reverse engineer, restore or attempt to restore the source code or protocols of, decompile or disassemble t, software or any other content or processes or any part thereof accessible, contained on or obtained from or through the Services or perform engineering analysis for such purposes; insert product, code or manipulate the content of the Services in any way; circumvent, alter, degrade, deactivate, thwart or remove any of the content protections in the Services; or use any data gathering, data mining, or extraction method. In addition, you’re prohibited to post, e-mail, send or otherwise transfer any material designed to destroy, interrupt or limit the functionality of any software or hardware or telecommunications equipment associated with the Services, including without limitation, any software viruses or any other computer programs, files or codes.
All copyrights, industrial property and other intellectual property rights to App, any his parts or any content included herein and accessible through the Services, including without limitation, any texts, images, graphic designs, industrial designs, utility models, inventions, software, trademarks and others, are exclusively owned by Blocksport AG.
If you violate this Agreement or are engaged in any fraudulent or illegal use of the services, or otherwise fail to comply with this Section, Blocksport AG may restrict or terminate your use of the Services.
6. EXTERNAL SERVICES
The App may enable User`s access to third-party services and websites, hereinafter referred to as «External Services». You agree to use the external Services at your own risk. Blocksport AG is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or the terms and conditions of third-party External Services, or that infringes the intellectual property rights of BlocksportAG or any third party. You agree that by using any of the External Services, you can confront information that may be deemed indecent, offensive or objectionable, which information may be established as having explicit language, and the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
BlocksportAG charges you fees for accessing and using some shopping services available to you, including on a subscription basis. If the charges are related to a portion of the Services, you agree to pay that charge in the currency specified by Blocksport AG. The prices specified for the Services excludes all applicable currency exchange settlements, taxes, duties and other additional charges and fees unless stated otherwise. You are solely responsible for paying such currency exchange settlements, taxes, duties or other additional charges, unless stated otherwise.
To access and use the above Services, you must provide one or more payment methods suggested by Blocksport AG. Blocksport AG engages third party payment providers to process and/or accept the payments due to Blocksport AG hereunder. If you purchase the above Services on a subscription basis and your primary method is declined or no longer available to Blocksport AG for payment of your subscription fee, the latter may charge any payment method related to your profile or account within Blocksport`s AG system. You remain responsible for any uncollected amounts. If Blocksport AG does not receive payment from you on time or such payment is not successfully settled, due to incorrect payment information, expiration, insufficient funds or otherwise, it may cancel or suspend your access to the Services until the valid payment method is successfully charged.
You may update your payment methods and Blocksport AG may do the same using information provided by third-party payment providers. In the aftermath of any update, Blocksport AG is entitled to keep charging the applicable payment methods.
You can cancel your access to the chargeable Services, including those on a subscription basis, at any time. In this case, you’ll further have an access to such services to the end of the billing period if any. Please note, that insofar as permitted by applicable law, the payments due to Blocksport AG are non-refundable as well as Blocksport AG does not provide any refunds for partially used or unused Services, including those on a subscription basis. If you cancel your subscription to the chargeable Services, your account or profile within the Blocksport AG system shall automatically close at the end of the billing period.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL BLOCKSPORT AG BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY, OR LOST OR DAMAGED DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, THE LICENSED SOFTWARE, OR ANY SERVICES RENDERED BYBLOCKSPORT AG, EVEN IF BLOCKSPORT AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDINGBLOCKSPORT`S AG INDEMNIFICATION OBLIGATIONS, THE TOTAL LIABILITY OF BLOCKSPORT AG TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY LICENSEE HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
9. DISCLAIMER OF WARRANTY
THE APP IS LICENSED “AS IS” AND YOU RECEIVE NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES. BLOCKSPORT AG EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE CONCERNING THE APP, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OR THE RESULTS TO BE OBTAINED FROM USE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. APP EXPRESSLY DISCLAIMS ANY WARRANTIES THAT MAY BE IMPLIED FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLOCKSPORT AG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF THE SOFTWARE AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE APP WILL OPERATE IN COMBINATION WITH OTHER ITEMS, EQUIPMENT, SOFTWARE, SYSTEMS OR DATA EXCEPT, THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR ERRORS IN THE APP, IF ANY, WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLOCKSPORTAG, OR ITS EMPLOYEES SHALL CREATE OR FORM THE BASIS OF ANY WARRANTY OF ANY KIND. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT ARE WITH YOU.FURTHER, THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH-RISK ACTIVITIES”). /N SOFTWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
The term of this Agreement shall commence on the Effective Date and will remain in effect until terminated under this Agreement.
Blocksport AG may terminate this Agreement for any or no reason at any time by notifying you through a notice by email, or by any other means of communication. Any such termination shall be without prejudice to Blocksport AG rights, interests, claims, defences or remedies hereunder. If you breach any provision of this Agreement, Blocksport AG may also terminate this Agreement in any way specified in this Section. You may terminate this Agreement for any or no reason at any time by providingBlocksport AG a notice and closing your account or profile, if any, for all the Services for which Blocksport AG provides an account or profile closing mechanism.
Please note, that any notice of termination of this Agreement either by you or by Blocksport AG to each other must include a termination date.
Upon termination of this Agreement, you’ll no longer be entitled to have an access to and use the Services or any content accessible through it.
11. GOVERNING LAW
This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of Switzerland.