for information on how to fix this issue.
Welcome to the KEWLBOX.COM and associated websites (individually and together, the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Blockdot, Inc. (referred to as "Blockdot"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
By using this Site, ordering or using Applications, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Texas law. If you do not agree to these Terms, you do not have permission to use the Site. Blockdot reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
Payment terms and refund information (if applicable) for Applications and other products are provided in the ordering process and/or on the Help page in connection with ordering that product.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. Blockdot may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.
All transactions with or through the Site or Blockdot may, at Blockdot's option, be conducted electronically. Blockdot may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Blockdot immediately to authorize Blockdot to deny access to the Site to anyone else presenting your password.
Blockdot hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content such as games, animations, or other such content that may appear on the Site, placing product orders or for accessing information, Applications and services. Blockdot reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Blockdot. Unless you have received specific written permission from Blockdot, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
You acknowledge that Blockdot does not pre-screen any Materials posted by you or other users, but that Blockdot and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, Blockdot and its designees shall have the right to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site. Blockdot may establish practices and limits concerning the use of the Site and Applications. You agree that Blockdot has no liability or responsibility for the storage or deletion of any Materials that you submit or post. Blockdot reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
Blockdot may offer you the ability to use certain applications, services or software, and content such as games and other content for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by Blockdot or its licensors is referred to herein collectively as "Applications"). For example, Blockdot may provide chat areas, bulletin boards, e-mail functions, software and services such as downloadable games that allow you to download specific content from the Sites to your computer, multi-player games and other related software and Applications. Without limiting your obligations and restrictions described in Section 4, your limited license to the Applications is subject to the following conditions:
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER BLOCKDOT, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
Blockdot will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Blockdot. Accordingly no such content or Applications may be used on another web site without express written permission from Blockdot.
You agree to indemnify and hold Blockdot, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND BLOCKDOT, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. BLOCKDOT HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, BLOCKDOT DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT BLOCKDOT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER BLOCKDOT NOR ANY OF BLOCKDOT'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF BLOCKDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY BLOCKDOT OR ANY OF BLOCKDOT'S AFFILIATES OR AGENTS SHALL BE, AT BLOCKDOT'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON BLOCKDOT; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO BLOCKDOT. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You represent and warrant for the benefit of Blockdot, Blockdot's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold Blockdot (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
The Site contains links to third party sites that are not under the control of Blockdot and Blockdot is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Blockdot provides links only as a convenience and the inclusion of the link does not imply that Blockdot endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Blockdot shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This Site is controlled and operated by Blockdot from its offices within TExas, United States of America. Blockdot make no representation that the Site, Applications, or related information offered by Blockdot are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site, Applications, and related information are the exclusive property of Blockdot or its suppliers. All rights not licensed herein are hereby reserved to Blockdot or its suppliers.
If you violate these Terms, Blockdot may terminate or cancel your access rights to the Site and/or Applications immediately without notice. Blockdot may also block your use of the Site and/or Applications or direct you to cease using it. Blockdot reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Blockdot shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Dallas County, TExas. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Dallas, Texas, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by TExas law.
These Terms, as amended, your registration forms, and the disclosures provided by Blockdot and the consents provided by you, constitute the entire agreement between you and Blockdot. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Blockdot's failure to act with respect to a breach by you or others does not waive Blockdot's right to act with respect to subsequent or similar breaches.
You agree that Blockdot may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Blockdot to you as published through the Site or by e-mail. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by Blockdot and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Blockdot by postal mail to: Blockdot, Inc., 8350 N. Central Expressway, Suite 400, Dallas, TX 75206, or as to a successor address that Blockdot makes available on the Site or through other reasonable manner. If applicable law requires that Blockdot accepts e-mail notices (but not otherwise), then you may send Blockdot e-mail notice using Blockdot's Contact Blockdot Form. With respect to Blockdot's notices to you, Blockdot may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Blockdot may give notice by sending e-mail to the e-mail address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
Last updated on September 22, 2006.