Terms and Conditions
Last Updated: October 2021
By accessing or using the Block Party Digital website, you affirm that you have the right, authority, and capacity to enter into the following terms and conditions (the “Terms”). These Terms, along with the Privacy Policy (located here), constitute a legal agreement between you and Block Party Digital.
If you are under 18 years old, your parent or legal guardian must read, understand, and agree to these Terms on your behalf before you use the site. If you do not agree to these Terms or have not obtained your parent or legal guardian’s consent to agree to these Terms, do not access or use the site. In no event may you use this site if you are under the age of 13.
Your use of the site constitutes acceptance of these Terms.
Changes to the Site or Terms
Block Party Digital reserves the right, at any time, to modify, suspend, or discontinue the site (in whole or in part) at its sole discretion, with or without notice to you. You agree that Block Party Digital will not be liable to you or any third party for any modification, suspension, or discontinuation of the site or any part thereof.
Block Party Digital further reserves the right, at any time, to revise these Terms or impose new terms and conditions with respect to access or use of the site, the content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. Any access or use of this site or any content by you after the posting of the revised Terms shall constitute your agreement to such revised Terms. No modification to these Terms shall be valid or enforceable against Block Party Digital unless expressly agreed to by Block Party Digital in writing and signed by a duly authorised officer of Block Party Digital.
Term and Termination
These Terms will remain in full force and effect while you use the site. Block Party Digital may terminate these Terms or discontinue the operation of the site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the site or any content.
In the event of a termination of these Terms or termination of your access to and use of the site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect, and Block Party Digital shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the site unless otherwise required by law.
Site License; Site Content
License: Subject to these Terms, Block Party Digital grants you a non-transferable, non-exclusive, revocable, limited license to use and access the site solely for your own personal, non-commercial use. Unauthorised access to or use of the site or the content is a breach of these Terms and may be a violation of the law.
Site Content: Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in, or distributed through the site may be reproduced in any form or used by you without the prior written consent of Block Party Digital. The site and the Content found therein are the property of Block Party Digital, its licensees, and/or licensors. The site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Block Party Digital or its clients, business partners, licensees, or licensors (as applicable) own and shall retain the exclusive right, title, and ownership in and to all copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights in the site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer, or exploit the site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the site or any Content must be retained and displayed at all times.
Disclaimer of Warranties and Representations
The site and the content contained in and disseminated from the site are provided “as is,” “as available,” and without warranty or representation of any kind, either express or implied, including but not limited to the implied warranties of merchantability, non-infringement, accuracy, and fitness for a particular purpose (all of such implied warranties and representations being hereby expressly disclaimed). You assume the entire risk (i) as to your access to and use of the site, and your selection and use of any content obtained through or from the site; and (ii) that the site and/or the content will meet your requirements, be accurate or reliable, have any level of quality, or meet your expectations. Block Party Digital makes no warranty or representation that your access to and use of the site or the content will be uninterrupted, virus-free, error-free, or completely secure. You are solely responsible for any damage to your computer system hardware or software or for any loss of data or other damages relating to your use of the site or the site or content. No advice, information, or content, whether oral or written, obtained by you from, through, or in connection with your use of the site or the content, will create or provide any warranty or representation on the part of Block Party Digital or any of the Block Party Digital parties (as hereinafter defined).
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of Block Party Digital shall be limited to the greatest extent permitted by applicable law.
User Conduct; Prohibited Activities
You agree that you shall not post, publish, submit, or otherwise disseminate through the site any content or other information:
That is known by you to be false, inaccurate, or misleading. That violates, infringes, or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right. That violates any law, statute, regulation, rule, or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). That is, or may reasonably be considered to be, defamatory, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity or otherwise contains foul language.
That contains any computer viruses, worms, or other potentially damaging computer programs or files.
In addition to the foregoing, you agree not to:
Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such a manner. Restrict or inhibit any other user from using and enjoying any area within the site. Collect or store personal information about other users of the site or submit personal data on the site without their express permission and authority to do so. Attempt to access or use the site or the content after your access or use has been terminated. Affect the way the site displays content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the site. Use any automated means to access or use the site or to collect any content contained therein. Modify or create variant versions of the Block Party Digital name, trademark, or logos. Interfere with or disrupt the site or the infrastructure.
Forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through the site or to manipulate your presence on the site. Take any action that imposes an unreasonably or disproportionately large load on the site or its infrastructure.
Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules, or ordinances. You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
Third-Party Links
The site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Block Party Digital, and Block Party Digital is not responsible for any Third-Party Links. Block Party Digital provides access to these Third-Party Links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Copyright and Trademark Information
© Block Party Digital 2021. All rights reserved.
Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by Block Party Digital, its affiliates, or any of its clients is prohibited without the prior written consent of Block Party Digital or the consent of the third party that owns the trademark.
Privacy
Certain information collected from you or about you in the course of your using the site is subject to our Privacy Policy (located here), which is incorporated into these Terms by reference and may be revised from time to time as provided therein. You acknowledge, agree, and consent to the information collection, distribution, and other terms, conditions, and matters set forth in the Privacy Policy.
Notifications
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the site or delivering them to you through email if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.
Governing Law and Jurisdiction
The site is controlled and managed by Block Party Digital from its offices in the United States and is targeted to Australia. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, without reference to its conflicts of laws principles.
You must not use the site or the Content in countries where it is restricted, prohibited, or limited by local law, regulations, codes, or customs. Block Party Digital makes no warranty or representation that the site or the Content is appropriate or available for use in locations outside of Australia.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Block Party Digital and/or their respective officers, directors, trustees, members, managers, employees, agents, identified site sponsors, or representatives (all of the foregoing, collectively, the “Block Party Digital Parties”) be liable to you for any direct, indirect, consequential, incidental, special, punitive, or exemplary damages (including without limitation, damages for loss of personal or business profits, business interruption, loss of personal or business information, or other loss or damage) arising out of or related to these Terms or arising out of the access or use, or inability to access or use the site and/or its content, even if they have been advised of the possibility of such damages or if such damages are otherwise foreseeable, and regardless of the nature of the cause of action or theory asserted (e.g., whether in contract, tort, or otherwise). Access to, and use of, the site and content are at your own risk and discretion, and you will be solely responsible for any damage to your device or computer or loss of data resulting therefrom. If, notwithstanding the provisions of the Terms, any of the Block Party Digital Parties is found to be liable to you for any damage or loss that arises out of or is in any way connected to your access to or use of the site, the content, or otherwise, to the maximum extent permitted by law, the aggregate liability of the Block Party Digital Parties shall in no event exceed $100 USD. You agree to use your best efforts to mitigate any damages or losses you may suffer in connection with your access to and use of the site and the content.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of Block Party Digital shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
Indemnification
You agree to defend, indemnify, and hold harmless Block Party Digital, its affiliates, licensees, vendors, partners, identified site sponsors, and each of their respective directors, officers, members, managers, employees, agents, and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the site and/or the Content, (c) your violation, breach, or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary, or other right, (d) your tortious acts, including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third-party products or services.
Miscellaneous
Entire Agreement: These Terms constitute the complete agreement between you and us regarding the use of the Site.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision.
Section Titles: The section titles in these Terms are provided for convenience and do not hold legal or contractual significance.
Severability: If any provision of these Terms is found to be invalid or unenforceable for any reason, it will not affect the validity or enforceability of the other provisions, and the invalid or unenforceable provision will be modified to the maximum extent permitted by law to make it valid and enforceable.
If you have any questions or comments, please feel free to contact us at: connect@blockpartydigital.com.au.