By accessing all or any part of this Site of The CementWorks, LLC d/b/a BlocSky (hereinafter referred to as “BlocSky” or “we”), you agree to be bound by these Terms & Conditions (the “Terms of Use”) and the Privacy Policy posted on this Site. If you do not agree to be bound by these Terms of Use and the Privacy Policy, you should not access or view this Site. In addition, this Site is intended only for users that are at least 18 years old and by accessing this Site, you warrant that you are at least 18 years old.
Each time a user accesses and views the Site, the Terms & Conditions of Use and the Privacy Policy should be reviewed because BlocSky reserves the right to change them from time to time without notice. Your continued use of the Site immediately after such changes are posted on the Site constitutes your acceptance of such change.
Content and materials on this Site may be changed, removed, or updated at any time without notice. While BlocSky uses reasonable efforts to maintain the accuracy of the content and information on this Site, the possibility exists that some materials could include errors, inaccuracies, or out-of-date information, and BlocSky is under no obligation to update such material.
The contents of this Site are copyrighted by BlocSky. All rights are reserved. All information, materials, contents, publications, services, text, pictures, photographs, audio, video, graphics, logos, marks, displays, images, applications, and software and the design, selection, and arrangement thereof (the “Content”) are owned or licensed by BlocSky, its licensors, or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret, and other intellectual property or other proprietary rights laws. You agree that you have no rights with respect to the Content, except the limited and revocable rights provided by the Site to access and use the Content as provided in these Terms & Conditions. BlocSky grants you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of it. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell, or otherwise exploit any of the Content or any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, noncommercial use, but you may not otherwise reproduce any of the Content or material appearing on the Site without BlocSky’s prior written consent, which may be withheld in BlocSky’s sole discretion.
All trademarks, service marks, related names, logos, trade dress, trade names, product and service names, designs, and slogans (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Site, are registered or common law trademarks of BlocSky or its affiliates or licensors and are protected by US and international trademark laws. Nothing contained on this Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify, or distribute any of the Marks without the prior written permission of BlocSky or that of the respective owner(s). BlocSky reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Moreover, the Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BlocSky. The names of all other products and services mentioned on this Site may be trademarks or service marks of their respective owners.
You shall not use or attempt to use any “scraper,” “robot,” “bit,” “Spider,” “data mining,” code, or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Site or any of the Content, without the express written consent of BlocSky.
You are prohibited from using any of the Content to harass, advertise, solicit, contact, or sell to any individual or entity.
Without the express written consent of BlocSky, no other site has the right to link to or frame to this Site.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree to use this Site in compliance with all applicable laws, rules, and regulations in a manner that does not, in BlocSky’s sole judgment, negatively reflect on the good will or reputation of BlocSky or any of its affiliates.
THIS SITE AND THE CONTENT, SERVICES, AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL CONTENT, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOCSKY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS SITE AND THE CONTENT, SERVICES, AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR ANY PARTICULAR PURPOSE. BLOCSKY MAKES NO WARRANTIES, REPRESENTATION, OR GUARANTEES OF ANY KIND WITH RESPECT TO THE CONTENT, SERVICES, AND MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, NO WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, OR TIMELINESS OF ANY CONTENT. BLOCSKY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SERVICES, OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE. BLOCSKY DOES NOT GUARANTEE THAT THIS SITE OR THE CONTENT, SERVICES, OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE WILL BE ACCESSIBLE, UNINTERRUPTED, WITHOUT DELAY, ERROR, OR OMISSION OR FREE OF VIRUSES OR HARMFUL CODE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE AND OPERATION OF THE SITE AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE.
IN NO EVENT SHALL BLOCSKY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS OR COST OF SUBSTITUTE GOODS) IRRESPECTIVE OF THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, THE SERVICES, OR THE MATERIALS PROVIDED ON OR THROUGH USE OF SITE. IN THE EVENT THAT BLOCSKY, OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, OR EMPLOYEES IS DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE CONTENT, SERVICES, OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE, BLOCSKY’S AND ITS AFFILIATES’, ITS AND THEIR OFFICERS’, DIRECTORS’, MEMBERS’, MANAGERS’, AGENTS’, REPRESENTATIVES’; AND EMPLOYEES’ AGGREGATE LIABLITY TO ANY AND ALL USERS OF THE SITE OR ANY OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE, OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE SHALL NOT EXCEED FIVE DOLLARS ($5.00).
If you believe that any content or materials on the Site infringes upon any copyright or intellectual property right that you own or control, you must submit a written notice to the designated agent set forth below that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Alan Posner
The CementWorks, LLC d/b/a BlocSky
32 Old Slip, 15th Floor
New York, NY 10005
Phone: 212-524-6200
Fax: 212-524-6299
Email: info@blocsky.com
The Digital Millennium Copyright Act requires that such notification be in writing and include all of the following information:
All information BlocSky collects on this Site is subject to BlocSky’s Privacy Policy. By using the Site, you consent to all actions taken by BlocSky with respect to your information in compliance with the Privacy Policy and you agree to the terms of the Privacy Policy.
The Site is provided by BlocSky from its offices in the United States of America. BlocSky makes no representation as to the suitability of the materials on the Site for use outside of the United States of America. Any claim relating to this Site or the Content or any services, applications, or material on the Site, including your use of the same, shall be governed by the laws of the State of New York, excluding its principles of conflicts of laws and with respect to copyrights, patents, and trademark rights, the federal laws of the United States. In the event of any claim or dispute arising out of or relating to these Terms of Use, you agree to the exclusive jurisdiction in the courts located in New York, New York and waive any rights to claim inconvenient forum or immunity, except that with respect to any injunctive action brought by BlocSky against you, BlocSky also has the right to bring an action against you in any court that has jurisdiction. Each user of the Site waives any and all rights to a jury trial with respect to any claim arising out of or relating to the Site or any Content, services, or materials provided in or through the Site.
You agree to indemnify and hold harmless BlocSky, its affiliates, and our and their affiliates’ respective officers, directors, members, managers, and employees (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands, and expenses (including, without limitation, reasonable attorney’s fees) that any or all of the Indemnified Parties may incur arising out of or relating to (i) your use of this Site or the information provided on the Site; (ii) your use of the goods or services offered on the Site; and/or (iii) any breach by you of any of the terms contained in these Terms of Use or the Privacy Policy, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of the Terms of Use or the Privacy Policy. This indemnity is in addition to, and not in lieu of, any other indemnity obligations that may be stated herein.
These Terms of Use, together with the Privacy Policy, constitutes the entire agreement between BlocSky and all users of this Site with respect to the subject matter contained in these Terms of Use and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of these terms will be valid, except in the event that the waiver is in writing and signed by an officer of BlocSky.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
If you have any questions about these Terms of Use, the practices of this Site, your dealings with the Site, or about the work of BlocSky, you may contact us at info@thebloc.com or by writing to us at:
The CementWorks, LLC d/b/a BlocSky
32 Old Slip, 15th Floor
New York, NY 10005
The effective date of these Terms & Conditions is April 18, 2016.