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.
Statements of Rights and Responsibilities
As used herein, “Block Talk” refers to 2052503 Alberta Inc. 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.
You must be the age of majority in your jurisdiction of residence to access and use the App.
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.
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.
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 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.
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 through 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 and access your photos. 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 awareness 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:
(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;
(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 verification code, 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.
(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.
(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.
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.
16. ‘BRANDED’ ACCOUNTS
Accounts that display your brand are available upon request, subject to approval of Block TalkTM. Requests for this type of account should be made via email to email@example.com. A ‘branded’ account functions differently than a regular user account, this will be explained accordingly should Block TalkTM approve your request for a ‘branded’ account.
Block TalkTM reserves the right to approve ‘branded’ account privileges and remove ‘branded’ account privileges at any time.
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.
19. DISCLAIMERS AND LIABILITY
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.
20. 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 and the Android mobile operating system.
(c). To the extent you download our Mobile App through the Apple App Store or iTunes and/or through Google’s Play Store or use our mobile application on an Apple-branded product and/or Android certified device (including a mobile Phone, tablet, or Watch), the following terms and conditions apply:
(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 and/or Android certified device that you own or control, and (b) as permitted by the Usage Rules set forth in the Apple App Store and/or Google Play store Terms of Service.
(iii) Maintenance and Support: Apple and/or Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Mobile App.
(iv) Warranty: If the Mobile App fails to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for the Mobile App (if any) to you. To the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Mobile App.
(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 and/or Google 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.
If you are a resident of or have your principal place of business in Canada then the following provisions apply between you and us:
(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.
(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™.