Terms and Conditions
Last updated: 5 September, 2018
By accessing or using the applications and services owned or operated by OneBlink Pty Ltd, under this Trial/Evaluation Agreement, whether through our software app(s) or website (our "Services"), you are accepting and agreeing to be bound by the terms and conditions set forth below (these "Terms").
We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
Subject to your compliance with these Terms, OneBlink grants you a limited non-exclusive, non-transferable agreement for a 60 day period only (unless otherwise agreed) use our Services and access these Services on mobile devices that you own or control. We reserve all rights in the Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services.
Creating an Account
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are authorised by your company/organisation/government agency to enter into this trial; (c) you are of legal age to agree to these Terms; and (d) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you create, capture and upload on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only capture or upload Content that you create or have the right to use and publish.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
You agree not to do any of the following:
• Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
• Access, tamper with, or use non-public areas of the Services, OneBlink's computer systems, or the technical delivery systems of OneBlink's providers;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OneBlink or other generally available third-party web browsers;
• Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
• Encourage or enable any other individual to do any of the foregoing.
Fair Use Policy
For the purposes of any 60 day trial or evaluation, the Service provided will include the widest range of functionality deemed possible and where practical there will be no throttling or limitation of certain features.
It is a however a condition of these Terms that users do not subject the Service to excessive or unreasonable workloads, or activities that are prohibited, such determination to be made at OneBlink’s sole discretion.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Services;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at email@example.com or by mail addressed to Copyright Agent, OneBlink Pty Ltd, G.02, 40 Mann Street, GOSFORD NSW 2250 Australia.
Third Party Links
Our Services may contain links, or allow you to create links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end.
Disclaimer of Warranty for Services
We will use reasonable efforts to correct any discovered defects in the Services. However, your access to and use of our Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to the 60 day period of this trial/evaluation or the minimum duration allowed by law.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, if you are operating in such a jurisdiction then you are not permitted to access the Services under this Trial/Evaluation Agreement.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of NSW, Australia, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org