Blexr Terms of Use

April 20, 2017

Blexr Terms of Use

TO PROTECT YOUR OWN INTEREST, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU ARE IN ANY DOUBT AS TO THE MEANING OF ANY OF THE TERMS AND CONDITIONS, PLEASE SEND AN EMAIL TO US

1. DEFINITIONS

“Identification Details” means your user name, a password, and personal e-mail address;

“Person” means an individual or a corporate entity;

“Privacy Policy” means our privacy policy as outlined on the Website which can be accessed here;

“User” or “you” means any person who accesses the Website for any reason and in any manner whatsoever, whether or not such person registers on the Website in accordance with Paragraph 5.1 hereunder, and/or participates in any of the activities offered by the Website and any reference to “your” shall be construed accordingly;

“User Account” means a virtual account in your name which is created on the Website after registration in accordance with Paragraph 5.1 hereunder;

“We” or “us” means Blexr Limited, a company incorporated in Malta, under company registration number C68990, whose registered address is Level G, Quantum House, 75 Abate Rigord Street, Ta’ Xbiex XBX 1120 and any reference to “our” “shall be construed accordingly;

“Website” means https://www.blexr.com/

2. GENERAL

2.1 This Website is designed to enable You to find out more about Blexr and to search for content uploaded by Blexr onto the Website. You may also:

2.1.1 create a User Account;

2.1.2 change the settings of Your User Account;

2.1.3 receive newsletters, notifications and other material in accordance with our Privacy Policy.

2.2 By making use of the Website in any manner whatsoever, you are agreeing to be bound by the current Terms of Use as amended from time to time, and undertake to act accordingly.

2.3 The Privacy Policy forms an integral part of these Terms of Use, and any reference to the “Terms of Use” shall include a reference to such policy.

2.4 We are entitled to amend the Terms of Use at any time and to do so according to our absolute and exclusive discretion; therefore, you should review the Terms of Use regularly.

2.5 The Terms of Use, as updated or amended from time to time, constitute the entire understanding by and between you and us. Any presentation, promise, undertaking or consent, whether verbal or in writing, which does not comply with the Terms of Use, is null and void.

3. OUR RIGHTS

3.1 We retain the right, at our own discretion and without prior notification, to block you from accessing the Website if you are in breach of any of these Terms of Use or have acted in any other way which we do not deem to be appropriate.

3.2 We have the right, but not the obligation, to verify any contact details given to us by you in relation to yourself.

3.3 We have the right to take all action to remove a link to or from the Website, even if this was initially approved by us in accordance with Paragraphs 9.2 or 9.3.

4. USER RESPONSIBILITIES AND USE OF THE WEBSITE

4.1 You may not register on the Website if you are under the age of eighteen (18).

4.2 The Website is for your personal and non-commercial use. The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to us or to our suppliers or partners. Accordingly, you shall not use this Website or its contents or information for any commercial or non-personal purpose, direct or indirect. You shall not modify, reproduce, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content, information, software, products, or services obtained from this Website.

4.3 You further agree not to:

4.3.1 create any link or deep link to the Website or to any portion thereof without our prior express written consent, except as provided in Paragraphs 9.2 and 9.3 below;

4.3.2 create frames around the Website or any of its pages, or use other techniques that alter in any way the visual presentation or appearance of the Website without our prior express written consent.

4.3.3 restrict or inhabit the use or enjoyment of the Website by any third party;

4.3.4 use the Website:

4.3.4.1 in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;

4.3.4.2 for any purpose that is unlawful or prohibited by these Terms of Use, or is otherwise objectionable, offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright, trademark, confidence, privacy or any other right, or injurious to third parties,

4.3.4.3 for any reason involving software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or “spam”;

4.3.4.4 for advertising purposes.
4.4 You understand that if you are in breach of any of these Terms of Use, we shall disclose your Identification Details and any other relevant information to any person who may need such information for the protection of his own rights, our own rights and/or those of third parties.

5. WEBSITE REGISTRATION

5.1 You may register on the Website, as specified in this paragraph, and in doing so shall be instructing us to send you notifications and other information that we send to other registered Users periodically, in accordance with our Privacy Policy. In order to complete the registration process, you must enter your Identification Details and the other details requested by us on the registration page of the Website.

5.2 You have the sole responsibility for keeping your Identification Details confidential. We shall not be liable in any manner whatsoever, for any unauthorized use of your Identification Details by any third parties, unless such unauthorized use has occurred due to gross negligence or wilful misconduct on our part.

6. USER ACCOUNT

6.1 A User Account will be opened for each User who chooses to undergo the registration process in accordance with Paragraph 5.1 above, and access to such User Account will only be possible after submission of the full Identification Details.

6.2 Through your User Account, you will be able to update your Identification Details.

7. COPYRIGHT AND TRADEMARK NOTICES

7.1 All intellectual property rights relating to the Website, including the “blexr.com” domain and Blexr logos, the Website layout and design, the software used in any part of the Website and all the content, literary, artistic, musical and/or audiovisual works to be found on or in relation to the Website, belong exclusively to us and cannot be used in any way without our express permission (See Paragraph 4 for more details in this respect).

8. LIABILITY DISCLAIMER

8.1 We shall not be held liable for any computer or communications fault of any nature that may occur at any stage of User’s use of the Website. We do not warrant the availability of the Website.

8.2 All content is viewed and used by you at your own risk. We make no representations about the suitability of the information contained on the Website for any purpose. All information and activities offered on the Website are provided “as is” without warranty of any kind. The information offered on the Website or otherwise sent to Users who have registered on the Website may not be up to date or may include inaccuracies or typographical errors. We do not warrant the completeness or the accuracy of any information on the Website and disclaim liability for inaccuracies or incompleteness relating to the information and description of the activities, services and products displayed on the Website.

8.3 In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, products, and/or services obtained through the Website, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of damages.

8.4 If you would like to complain about any information on the Website, or any link therefrom, you may contact us. We will consider requests to remove information or links but will have no obligation to do so or to respond directly to you.

9. LINKS TO AND FROM THIRD-PARTY SITES

9.1 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for reference only. We do not control such websites and are not responsible for their content or your use of them. The inclusion on the Website of hyperlinks to other websites does not imply any endorsement of the material on such websites or any association with their operators.

9.2 Any person interested in linking to the Website must notify us by sending an e-mail to us. Your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to the Website, and a list of the URL(s) on our site to which you would like to link must be included in the email. We will respond within 2-3 weeks from receipt of the email.

10. INDEMNIFICATION

10.1 You agree to defend and indemnify us and any of our affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal, judicial and accounting fees, brought by third parties as a result of your:

• breach of these Terms of Use;
• violation of any law or the rights of a third party; or
• use of this Website.

11. MISCELLANEOUS

11.1 This Terms of Use are governed by the Laws of Malta. You hereby consent to the exclusive jurisdiction and venue of courts in Malta in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

11.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the use of this Website.

11.3 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

11.4 Any rights not expressly granted herein are reserved.