Terms of Use

 

BLOCK TALK™ TERMS OF USE

IMPORTANT:

THE BLOCK TALK™ APP CANNOT BE USED TO CONTACT EMERGENCY PROVIDERS.

IN AN EMERGENCY, NOTIFY POLICE, FIRE OR AMBULANCE SERVICES BY CALLING 9-1-1 BEFORE POSTING TO BLOCK TALK™.

WHEN POSTING AN URGENT SAFETY ALERT TO NEIGHBOURS, YOUR POST IS NOT DIRECTED TO POLICE, AMBULANCE, OR FIRE DEPARTMENTS. YOU MUST CONTACT EMERGENCY SERVICES DIRECTLY BY CALLING 9-1-1.

The following terms and conditions (the “Terms of Use”) govern your access to and use of the Block Talk™ website and mobile application and any features or services Block Talk™ makes available on or through that website and application (together called the “App”).

The Terms of Use significantly alter your legal rights, remedies and obligations. Section 6, 12, 13, 17, 18 and 20 in particular contain important limitations on and exclusions of our obligations, responsibilities and liabilities.

Block Talk™ provides you access to and use of the App subject to the Terms of Use.

Statements of Rights and Responsibilities

By using or accessing the App, you agree to the Terms of Use, as revised, amended or supplemented by us from time to time. The Terms of Use form a legal contract between you and us. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT DOWNLOAD, ACCESS OR USE THE APP.

As used herein, “Block Talk” refers to 2052503 Alberta Ltd. and its affiliates and subsidiaries, and “we” or “us” or “our” refer to Block Talk™ alone and never refer to the combination of you and us.

We may, from time to time and at any time, ask you to review and accept revised, amended or supplemental terms of use that apply to your access and use of the App. To the extent those revised, amended or supplemental terms of use conflict with the Statement of Rights and Responsibilities set forth herein, the revised, amended and supplemental terms of use associated with the App govern with respect to your access and use of the App to the extent of the conflict.

1. Eligibility

You must be the age of majority in your jurisdiction of residence to access and use the App.

2. Privacy

You may access and use the App without providing any personal information about yourself other than any personal information that you may specifically and knowingly provide.

We will collect, use and disclose personal information as described in our Privacy Policy, which is available by going to our website www.blocktalk.ca. You consent to the collection, use and disclosure of your personal information for the purposes described in our Privacy Policy.

 We designed our Privacy Policy to make important disclosures about how you can use Block Talk™ to share with other persons and entities and how we collect and can use your content and information. We encourage you to read our Privacy Policy.

3. Block TALK™  Does Not Contact Emergency Providers

A primary function of the App is to let you post reports to make your neighbors aware of events in your/their neighborhood. However, Block Talk™ is not a tool for communicating with emergency responders. IF YOU POST AN URGENT SAFETY ALERT TO NEIGHBOURS OR NON-URGENT CRIMINAL AWARENESS TO NEIGHBOURS, YOU MUST STILL NOTIFY POLICE, FIRE OR AMBULANCE BY CALLING 9-1-1 OR YOUR LOCAL NON-EMERGENCY LINE.

IMPORTANT

THE BLOCK TALK™ APP CANNOT BE USED TO CONTACT EMERGENCY PROVIDERS.

IN AN EMERGENCY, NOTIFY POLICE, FIRE OR AMBULANCE SERVICES BY CALLING 9-1-1 BEFORE POSTING TO BLOCK TALK™.

WHEN POSTING AN URGENT SAFETY ALERT, YOUR POST IS NOT DIRECTED TO POLICE, AMBULANCE, OR FIRE DEPARTMENTS. YOU MUST CONTACT EMERGENCY SERVICES DIRECTLY BY CALLING 9-1-1.

4. Sharing Your Content and Information

You own all of the content and information you post on Block Talk™; however, your post is public in nature and is shared with and accessible by any and all other users of Block Talk™.  The spirit of Block Talk™ is to have reports posted to make your neighbors aware of events in your/their neighborhood. IF YOU POST AN URGENT SAFETY ALERT TO NEIGHBOUS OR NON-URGENT CRIMINAL AWARENESS TO NEIGHBOURS, YOU MUST STILL NOTIFY POLICE, FIRE or AMBULANCE BY CALLING 9-1-1 OR YOUR LOCAL NON-EMERGENCY LINE.

MOST IMPORTANT: WHEN POSTING AN URGENT SAFETY ALERT TO NEIGHBOURS, YOUR POST IS NOT DIRECTED TO POLICE, AMBULANCE, OR FIRE DEPARTMENTS.

(a). For content that is covered by intellectual property rights, like photos and videos (IP Content), you specifically give us the following permission: you grant us a non-exclusive, non-revocable transferable, sub-licensable, royalty-free, worldwide license to use, copy, adapt, modify, publicly display, publish, transmit, telecommunicate, translate, make derivative works from and display and distribute any IP Content that you post on or in connection with the App (IP License) in any media or form of distribution, without further notice or financial or other compensation to you. The IP Licence allows us and any other person accessing such IP Content though us, to publish, disseminate and make available your IP Content to any other person. The IP Licence also grants us the right to use the IP Content to create, promote, market, sell, distribute, improve and modify our business, products and services to others. You also waive all moral rights you may have in the IP Content to the extent necessary for us to exercise our rights under the IP License. The IP License will continue in effect even after you delete your IP Content or your account and we shall be entitled to retain copies of your IP Content in our database; provided however that any such IP Content will not be republished by us or be visible to other users, unless such IP content has been shared by other users before such IP Content or your account was deleted by you.

(b). When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to other persons or entities).

(c). When you use the App, we may ask for your permission to use location services and other applications such as the camera or the microphone on your device, and access your content and information including photos and videos. You may revoke any such permission at any time.

(d). When you publish content or information, it means that you are allowing persons and entities, including persons and entities off of the App, to access and use that content and information and to associate it with your username. To protect your privacy, your username does not show up on the screen of an urgent report or a non-urgent criminal acwareness report but we will have a record of the person or entity that submitted such report.

(e). We do appreciate your feedback or other suggestions about Block Talk™; however you understand that we may use your feedback or suggestions without any obligation to  financially or otherwise compensate you for your feedback or suggestions (just as you have no obligation to offer your feedback or suggestions to us).

5. Your Commitments

We do our best to keep the App safe, but we cannot guarantee the safety or security of the App. We need your help to keep the App safe, which includes the following commitments by you:

(a). you will not use the App for any purpose that is unlawful or prohibited by the Terms of Use;

(b). you will not post unauthorized commercial communications (such as spam) on the App;

(c). you will not collect users' content or information, or otherwise access the App using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior consent;

(d). you will not engage in unlawful multi-level marketing, such as a pyramid scheme through the App;

(e). you will not upload viruses or other malicious code;

(f). you will not solicit login information or access an account belonging to any other person or entity, and you will not impersonate any other person or entity, including any of our employees or representatives;

(g). you will not bully, intimidate, or harass any user of the App;

(h). you will not post content that: is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any person or entity which may otherwise give rise to liability or violate any law;

(i). you will not use the App to do anything unlawful, misleading, malicious, or discriminatory;

(j). you will not do anything that could disable, overburden, or impair the proper working or appearance of the App or interfere with any use and enjoyment of the App by any person or entity, such as a denial of service attack or interference with page rendering or other Block Talk™ functionality;

(k). you will not facilitate or encourage any violations of the our policies, guidelines or the Terms of Use including our Privacy Policy; and

(l). you will not circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the App or any hardware or software used to provide the App, or third party hardware, software or services.

6. Other User Content and Information

(a). All statements and opinions posted by users on or through the App are the statements or opinions of such users, and do not necessarily reflect our views or opinions.

(b). We do not and cannot review user content and information, and we are not responsible for the content, accuracy, reliability or timeliness of any such user content and information. We merely provide the ability to view and distribute user content and information on the App, and do not undertake, and expressly disclaim, any obligation, responsibility or liability relating to any user content or information. We reserve the right at all time (but have no obligation) to block or remove any user content and information that we deem in our sole discretion to be:

(i) abusive, threatening, obscene, defamatory or invasive of privacy;

(ii) fraudulent, deceptive or misleading;

(iii) in violation of the copyright, trademark or other intellectual property rights of any person or entity; or

(iv) in violation of the Term of Use or otherwise unlawful or unacceptable.

(c). We will have no liability for any decision to remove, or not to remove, any content from the App.

(d). You acknowledge and agree that:

(i) we have no responsibility or liability for any user content or information that you or any other person or entity posts on or transmits over the App;

(ii) you are solely responsible and liable for any loss or damage that arises from or relates to any content or information that you upload, transmit, display or otherwise make available through the App;

(iii) you may be exposed to user content or information that is incomplete, inaccurate, not current, offensive, indecent or otherwise objectionable; we will not be liable for any damages that you allege have been incurred by you as a result of such user content and information; and

(iv) you use and rely on any content and information available on or through the App, whether originating from us or from another person or entity, solely at your own risk.

7. Registration and Account Security

Users of the App register through their mobile phone number and create a username. You make the following commitments to us when you register as a user of the App:

(a). you will not provide any false personal information or other false information or create an account for any person or entity other than yourself without our prior written permission;

(b). you will not create more than one personal account;

(c). if we disable your account, you will not create another account without our prior written consent;

(d). you will not use your personal account primarily for your own commercial gain;

(e). you will not use the App if you are under the age of majority in your jurisdiction of residence;

(f). you will keep your contact information accurate and up-to-date;

(g). you will not share your password, let any person or entity access your account, or do anything else that might jeopardize the security or maintenance of your account;

(h). you will not transfer your account to any person or entity without first obtaining our written permission; and

(i). you grant us the authority to remove or reclaim any username if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

8. Protecting Rights of Other Persons and Entities

(a). You will not post content or information or take any action on or with respect to the App that infringes or violates the rights of any person or entity or otherwise violates the law.

(b). We may remove any content or information you post on the App if we believe that such content or information violates our policies, guidelines or the Terms of Use including our Privacy Policy.

(c). If we remove your content or information and you believe we have removed that content or information by mistake, we will provide you with an opportunity to appeal our decision.

(d). If you repeatedly infringe the intellectual property rights of any person or entity, we may disable your account.

(e). You will not use our copyrights or trademarks or any confusingly similar marks, without our prior written consent.

(f). If you collect content or information from other users of the App, you will: obtain their consent, make it clear to them that you (and not we) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

(g). You will not post any user’s identification documents or sensitive financial information on the App.

(h). You will not transmit email invitations to non-users of the App without their prior consent.

9. Based in Canada

We operate from the Province of Alberta, Canada. We make no warranty or representation that the App or the content and information on or available through the App is appropriate or available for use in any particular jurisdiction. Those persons or entities who access the App from another jurisdiction (outside of Province of Alberta, Canada) do so at their own risk and are responsible for compliance with local laws of such jurisdiction, if and to the extent local laws are applicable.

10. Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

In the event you change or deactivate your mobile telephone number, you will update your account information on the App within 48 hours to ensure that your messages are not sent to the person or entity who acquires your old mobile telephone number.

You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on the App.

11. About Advertisements and Other Commercial Content Served or Enhanced by Us

You give us permission to use your username, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a person or entity to pay us to display your name and/or profile picture with your content or information, without any liability for financial or other compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.

We will not give your content or information to advertisers without your prior written consent. You understand that we may not always identify paid services and communications as such.

12. Security and Viruses

We have implemented reasonable technology and security features to safeguard your content and information from unauthorized access or improper use.

While we make reasonable efforts to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure; as a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of the App demonstrates your assumption of this risk.

We have taken steps to ensure that the App is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the App. Without limiting any other part of the Terms of Use, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from or through the App.

13. Linking and Third-Party Suppliers

Any sites or applications that are linked to or form part of the App are not under our control, and you access them at your own risk. We do not assume any obligation, responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; these links are not an endorsement or a referral by us

All third-party suppliers providing information on the App are independent contractors. They are not our agents, partners, franchisees, employees or representatives. We have no obligation or responsibility and are not liable for, and will make no refund or other payment to you for, their acts, errors, omissions, representations, warranties, breaches or negligence.

14. Special Provisions Applicable to Software

If you download or use our software, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

15. Amendments

We will notify you before we make any revisions, amendments, or supplements to the Terms of Use and give you the opportunity to review and comment on the revised, amended and supplemented Terms of Use,

If we make revisions, amendments or supplements to our policies, guidelines or other terms referenced in or incorporated by the Terms of Use or our Privacy Policy, we may provide notice to you through the App.

Your continued use of the App, following notice of the revisions, amendments or supplemented to the Terms of Use, and our policies or guidelines including our Privacy Statement, constitutes your acceptance of the revised, amended or supplemented Terms of Use, policies and guidelines including our Privacy Policy.

16. Termination

If you violate the Terms of Use, or otherwise create risk or possible legal exposure for us, we may stop providing all or part of the App to you. We will then notify you thereof by SMS messaging or at the next time you attempt to access your account.  We and you may also delete your account or disable your application at any time.

17. Disputes

Except where prohibited by law, the Terms of Use, your access to and use of the App, and any claims made against us or our directors, officers, employees, agents or representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with the laws of the Province of Alberta, Canada (including Canadian federal laws applicable in the Province of Alberta, Canada), without reference to the Province of Alberta’s conflict of laws.

Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the App or the Terms of Use will be in the courts of the Province of Alberta, Canada sitting in Calgary, Alberta, Canada.

If any person or entity brings a claim against us related to your actions, content or information, you will indemnify and hold us and our directors, officers, employees, agents and representatives harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.  Although we provide rules for user conduct, we do not control or direct the actions of a user on the App and we are not responsible for the content or information a user transmits or shares on the App.  We have no obligation for, and we are not responsible for, any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the App.  We are not responsible for the conduct, whether online or offline, of any user of the App.

18. Disclaimers and Liability

WE DO OUR BEST TO KEEP THE APP AVAILABLE, BUG-FREE, AND SAFE, BUT YOU ACCESS AND USE THE APP AT YOUR OWN RISK.  WE ARE PROVIDING THE APP AS IS WITHOUT ANY EXPRESS AND OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.  WE HAVE NO OBLIGATION AND ARE NOT RESPONSIBLE FOR THE ACTIONS, IP CONTENT, INFORMATION, OR DATA OF OTHER USERS, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH USER. TO THE FULLEST EXTENT PERMITTED BY LAW,  WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF THE APP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE APP (INCLUDING OUR IP CONTENT AND USER IP CONTENT) WILL NOT BE FREE OF INTERRUPTIONS, THAT THE APP AND THAT IP CONTENT MAY CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE APP AND THAT CONTENT MAY BE UNAVAILABLE FROM TIME TO TIME.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE APP AND THE IP CONTENT (INCLUDING OUR IP CONTENT AND USER IP CONTENT).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES,  OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Mobile Devices

(a). This provision applies to your access to and use of the App using our mobile application (“Mobile App”).

(b). Your mobile device must be compatible with the Mobile App in order to access and use the Mobile App.  We do not warrant that the Mobile App will be compatible with your mobile device.  Currently, the App is designed to function only on devices using Apple’s iOS mobile operating system.

(c). To the extent you download our Mobile App through the Apple App Store or iTunes or use our mobile application on an Apple-branded product (including an iPhone, iPad, or Apple Watch), the following terms and conditions apply:

(i) Acknowledgement: The Terms of Use are between you and us only, and not with Apple. Apple is not responsible for the Mobile App or its content.

(ii) Scope of License: Your license to the Mobile App is limited to a non-transferable license to use the Mobile App: (a) on an iOS product that you own or control, and (b) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

(iii) Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Mobile App.

(iv) Warranty: It the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.

(v) Product Claims: You will notify us if you have any claims or if you are aware of any third party claims relating to the Mobile App or your possession or use of the Mobile App, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple has no responsibility to address any such claims. The limitations on our liability as set forth in the Terms of Use are subject to what is permitted by applicable law.

(vi) Intellectual Property Rights: If any person or entity claims that the Mobile App or your possession and use of the Mobile App infringes the intellectual property rights of such person or entity, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property rights infringement claim.

(vii) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to any sanctions, economic or otherwise, imposed by Canada or the United States of America, or that has been designated by Canada or the United States of America as a "terrorist supporting" country; and (ii) you are not listed on any list of prohibited, restricted or sanctioned persons maintained by Canada or the United States of America.

(viii) Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of the Terms of Use.  Upon your acceptance of the Terms of Use by accessing or using the App, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary of the Terms of Use.  The Terms of Use are in addition to and not in derogation of any terms and conditions of use entered into between you and Apple and its subsidiaries with respect to the use of the iOS operating system, the Apple App Store or iTunes.

20. Other

If you are a resident of or have your principal place of business in Canada then the following provisions apply between you and us:

(a). the Terms of Use makes up the entire agreement between you and us regarding the App, and supersedes any prior agreements;

(b). if any portion of the Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect;

(c). if we fail to enforce any of the Terms of Use, it will not be considered a waiver of our ability to enforce any of the Terms of Use;

(d). any revision, amendment or supplement to or waiver of the Terms of Use must be made by instrument in writing and signed by us;

(e). you will not transfer any of your rights or obligations under the Terms of Use to any person or entity without our prior written consent;

(f). all of our rights and obligations under the Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise;

(g). nothing in the Terms of Use shall prevent us from complying with applicable law;

(h). the Terms of Use do not confer any beneficiary rights on any person or entity except to Apple;

(i). we reserve all rights not expressly granted to you;

(j). you will comply with all applicable laws when using or accessing the App; and

(k). we will not be liable for any delay or damage caused as a result of any event beyond our reasonable control.

21. Definitions

In the Terms of Use, the following terms have the meanings set out below:

(a). "Block Talk" means the features and services we make available, including through (a) our website at www.blocktalk.ca and any other Block Talk™ branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed.  We reserve the right to designate, in our sole discretion, that certain of our brands, products, or services are governed by separate terms of use and not the Terms of Use;

(b). "Platform" means a set of application programming interface (API) and services (such as IP content and information) that enable other persons or entities, including application developers and website operators, to retrieve data from us or provide data to us;

(c). "information" means facts and other information about you, including actions taken by users and non-users who interact with Block Talk™;

(d). "content" means anything you or other users report, post, provide or share using Block Talk™;

(e). "data" or "user data" or "user's data" means any data, including a user's content or information that you or any person or entity can retrieve from Block Talk™ or provide to Block Talk™ through Platform;

(f). "reports" means reports posted by users on Block Talk™ or otherwise made available by users using Block Talk™;

(g). "use" means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of;

(h). "application" means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data; and

(i). “trademarks” means the trademarks owned by or exclusively licenced to Block Talk™.

By using or accessing the Block Talk™ App, you agree that we may collect and use such content and information in accordance with our Privacy Policy (visit our website www.blocktalk.ca) as revised, amended or supplemented from time to time.