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Terms of Service

Last Modified: December 28, 2016

  1. Acceptance of the Terms of Use.

Vanbara, Inc. (“Company”, “we” or “us”) maintains the website www.bavelblocks.com, including any content, functionality and services offered on or through www.bavelblocks.com (“Bavel Blocks”).

Through Bavel Blocks, we offer an educational, visual programming environment that teaches basic programming skills.  Guests to Bavel Blocks (“guests”) may view our website and certain information, instructional materials and other content made available to the general public on Bavel Blocks.  Users who have logged in to Bavel Blocks (“users”) may create certain user-generated digital content (“User Contributions”), with such User Contributions visible only to us and to themselves.  Users who register as members of Bavel Blocks and who have completed the Parental Activation process (as described in our Privacy Policy (http://bavleblocks.com/privacy-policy/) (“Members”) unlock additional Bavel Blocks content and functionality, such as the ability to post User Contributions to publicly-accessible forums, to publish User Contributions for others to see and to use in turn, or to embed images, audio files or other similar content or materials (“User-Provided Content”) from remote, third party sources into such Member’s User Contributions.

The following terms and conditions (“Terms of Use”) govern your access to and use of Bavel Blocks, whether as a guest, a user or a Member.  Please read these Terms of Use carefully before you start to use Bavel Blocks.  By using Bavel Blocks, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use Bavel Blocks.

If you are an individual and not of legal age to form a binding contract in your jurisdiction of residence, you agree that your parent or guardian has reviewed these Terms of Use carefully and has agreed to be bound by these Terms of Use on your behalf, as well as on their own behalf.  If you are a representative of an organization or entity (such as a school district), you represent and warrant that you have the right and authority to bind such organization or entity to this agreement, and that such agreement is a legally binding agreement of such entity enforceable in accordance with its terms.  By using Bavel Blocks, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use Bavel Blocks.

  1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion.  Changes are effective immediately when we post them.  The date these Terms of Use were last revised is identified at the top of the page.  Your continued use of Bavel Blocks following the posting of revised Terms of Use means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of Bavel Blocks if you do not want to agree to the revised Terms of Use.

  1. Acceptance of Privacy Policy.

All information we collect from guests, users or Members of Bavel Blocks is subject to our Privacy Policy (http://bavleblocks.com/privacy-policy/).  By using Bavel Blocks, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy.  If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

  1. Accessing Bavel Blocks and Account Security.

We reserve the right to withdraw or amend Bavel Blocks, and any service or material we provide on Bavel Blocks, in our sole discretion without notice.  We will not be liable if for any reason all or any part of Bavel Blocks is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of Bavel Blocks, or the entire Website, to users or to Members.

You are responsible for making all arrangements necessary for you to have access to Bavel Blocks, such as an Internet connection with sufficient download and upload speeds, up-to-date web browser software and computer equipment that meets the minimum specifications required.  If you allow any persons to access Bavel Blocks through your internet connection, you must ensure that they are aware of these Terms of Use and comply with them.

To access certain resources or functionality available on Bavel Blocks, you must log in to Bavel Blocks through a third party site or authentication service (such as Google+).  In so doing, you agree that you shall only use accounts owned by you, and not by any other person or entity.  Users’ accounts with any such third party site or authentication service are subject to applicable third party terms of use and privacy policies, which we do not control and for which we are not responsible.  To register as a Member of Bavel Blocks, you may be asked to provide certain registration details, payment information or other information.  You must provide information that is correct, current and complete.  You agree that all information you provide to log in to Bavel Blocks or to register with Bavel Blocks or otherwise, including but not limited to through the use of any interactive features on Bavel Blocks, is governed by our Privacy Policy (http://bavleblocks.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You acknowledge that your Bavel Blocks account is personal to you and agree not to provide any other person with access to Bavel Blocks or portions of it using the user name, password or other security information associated with the third party site or authentication service used to log in to Bavel Blocks.  If you permit any other person to use your Bavel Blocks account, you will be responsible for their activities while using Bavel Blocks.   You agree to notify us immediately of any unauthorized access to or use of your Bavel Blocks account or any other breach of security.  You should use particular caution when accessing your Bavel Blocks account from a public or shared computer so that others are not able to view or record your personal information. We have the right to disable any Bavel Blocks account at any time in our sole discretion if, in our opinion, the continued use of that account would be inappropriate.

  1. Intellectual Property Rights.

Except for certain public domain materials that are available for users to incorporate into Projects (where specifically indicated) (the “Public Domain Materials”), Bavel Blocks and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms of Use permit you to use Bavel Blocks for your personal, non-commercial use only.

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials in the form that they are provided to you via Bavel Blocks, and your Web browser may store files that are automatically cached for display enhancement purposes.  You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, unless (1) you have obtained prior written permission from an authorized representative of the Company, or (2) otherwise specifically and expressly indicated by the Company in writing on the applicable page or pages where such materials are accessed.

You must not modify copies of any materials from Bavel Blocks nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Bavel Blocks.  You must not access or use for any commercial purposes any part of Bavel Blocks or any services or materials available through Bavel Blocks.  If you wish to make any use of material on Bavel Blocks other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Bavel Blocks in breach of the Terms of Use, your right to use Bavel Blocks will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to Bavel Blocks or any content on Bavel Blocks is being transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of Bavel Blocks not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. User Contributions.

Through Bavel Blocks, users and Members may create User Contributions.   Users who are not Members may create User Contributions on a limited basis; for example, users may create basic versions of games and similar interactive applications using only certain stock content and public domain materials provided by us, and with such User Contributions visible only to themselves.  Such User Contributions may be saved in the user’s private Bavel Blocks account and may be deleted at any time.  Members who have completed the Parental Activation process unlock additional Bavel Blocks content and functionality, such as the ability to (1) post User Contributions to publicly-accessible forums on Bavel Blocks, (2) publish User Contributions via Bavel Blocks for others to see and to use in turn, or (3) embed User-Provided Content from remote, third party sources into such Member’s User Contributions.

You may not upload to, store on, or transmit to Bavel Blocks any User-Provided Content—such User-Provided Content may only be embedded in your User Contributions using “in-line linking” or similar remote access functionality and only through the interactive features of Bavel Blocks in the form and manner specifically made available to you via Bavel Blocks.  You must own or control all rights in and to your User Contributions and any User-Provided Content, and all of your User Contributions and User-Provided Content must comply with the Content Standards set out in these Terms of Use.  You are prohibited from including any personally identifiable information about yourself or about any other person in any User Contributions you create prior to becoming a Member of Bavel Blocks and completing the Parental Activation process. 

By providing any User Contribution or User-Provided Content on Bavel Blocks, you grant the Company and its affiliates and service providers the unlimited, royalty-free right and license (with the right to sub-license) to use, reproduce, process, adapt, modify, perform and display any such material for any purpose consistent with our Privacy Policy and these Terms of Use.  Additionally, you understand and agree that Company, in performing the required technical steps to provide Bavel Blocks to our users and Members (including you), may need to make changes to your User Contributions or User-Provided Content to conform and adapt those User Contributions or User-Provided Content to the technical requirements of connection networks, devices, services or media.  Finally, if you are a Member and you elect to post or publish any User Contribution or User-Provided Content to or on any publicly-accessible portion of Bavel Blocks, such User Contribution or User-Provided Content will be considered non-confidential and non-proprietary, and, in addition to the license granted above, you grant to the Company, its affiliates and service providers, and any other guest, user or Member of Bavel Blocks the unlimited, royalty-free right and license (with the right to sub-license) to use, reproduce, process, adapt, modify, perform, display, distribute, transmit, publish and create derivative works from such User Contribution or User-Provided Content in any and all media or via any and all distribution methods, whether now known or later developed.  For the avoidance of doubt, this license authorizes us to make your User Contribution or User-Provided Content available to the rest of the world and to let others do the same.

You understand and acknowledge that you are responsible for any User Contributions or User-Provided Content you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions or User-Provided Content posted by you or any other Member of Bavel Blocks.  You further understand and acknowledge that all information you provide by posting any User Contributions or User-Proivded Content to Bavel Blocks is governed by our Privacy Policy (http://bavleblocks.com/privacy-policy/), and you consent to all actions we take with respect to such information consistent with our Privacy Policy.

  1. Trademarks.

The Company name, the phrase “BAVEL BLOCKS,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  1. Prohibited Uses.

You may use Bavel Blocks only for lawful purposes and in accordance with these Terms of Use.  You agree not to use Bavel Blocks:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Bavel Blocks, or that may harm the Company or users of Bavel Blocks or expose them to liability.

Additionally, you agree not to use Bavel Blocks in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Bavel Blocks, including their ability to engage in real time activities through Bavel Blocks.  Without limitation, you must not:

  • Use any robot, spider or other automatic device, process or means to access Bavel Blocks for any purpose, including monitoring or copying any of the material on Bavel Blocks.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack Bavel Blocks via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Bavel Blocks, the server on which Bavel Blocks is stored, or any server, computer or database connected to Bavel Blocks.
  1. Monitoring and Enforcement; Termination.

We have the right to take any actions that we consider to be appropriate to ensure that Bavel Blocks is operated in an appropriate manner.  We may remove or refuse to post any User Contributions or User-Provided Content for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution or User-Provided Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or User-Provided Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Bavel Blocks or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of Bavel Blocks for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Bavel Blocks.  YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

We do not undertake to review all material before it is posted on Bavel Blocks, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Content Standards.

User Contributions and User-Provided Content must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions and User-Provided Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy (http://bavleblocks.com/privacy-policy/).
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity, your credentials, or your affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Copyright Infringement / DMCA Policy.

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law.

If a copyright owner believes any materials accessible on or from Bavel Blocks infringe the copyright owner’s copyright, the copyright owner may request removal of those materials (or access thereto) from Bavel Blocks by submitting written notification to our Copyright Agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • A physical or electronic signature of the copyright owner or such copyright owner’s authorized agent;
  • Identification of the copyrighted work the copyright owner believes to have been infringed or, if the claim involves multiple works on Bavel Blocks, a representative list of such works;
  • Identification of the material the copyright owner believes to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact the copyright owner (including name, postal address, telephone number and, if available, e-mail address);
  • A statement that the copyright owner has a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the copyright owner.

The agent we have designated to receive DMCA Notices (the “Copyright Agent”) is: Barbara Walters, President; Telephone: nine-one-nine, three-eight-seven, one-zero-one-five; Mailing Address: 1029 Sunset Meadows Dr, Apex, North Carolina 27523; E-mail: [email protected].  If the copyright owner fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, the copyright owner’s DMCA Notice may not be effective.  Please be aware that if a copyright owner knowingly materially misrepresents that material or activity on Bavel Blocks is infringing a copyright, the copyright owner may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on Bavel Blocks was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the Copyright Agent.  Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature;
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.  Please be aware that if you knowingly materially misrepresent that material or activity on Bavel Blocks was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users of Bavel Blocks who are repeat infringers.  We generally will treat a user as a repeat infringer if the user has been notified of infringing activity more than twice and/or has had a User Contribution or User-Provided Content removed from Bavel Blocks more than twice.

  1. Reliance on Information Posted.

The information presented on or through Bavel Blocks is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Bavel Blocks, or by anyone who may be informed of any of its contents.

Bavel Blocks may include content provided by third parties, including materials provided by other Members, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to Bavel Blocks.

We may update the content on Bavel Blocks from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on Bavel Blocks may be out of date at any given time, and we are under no obligation to update such material.

  1. Membership, Purchases and Payment Terms.

Membership Fee

The ability to access certain content and functionality of Bavel Blocks is subject to such user registering as a Member and the payment to us of a membership fee at the prevailing rates posted on our website (the “Membership Fee”).  Except as otherwise agreed by the Company in writing, all Membership Fees are non-cancelable and any Membership Fee (or portion thereof) paid to the Company is non-refundable.

Other Purchases

Additionally, visitors to Bavel Blocks may elect to make other purchases via Bavel Blocks, such as the purchase of access to additional content, materials or services accessible on or through Bavel Blocks (“Purchase Items”).  Pricing for such Purchase Items will be as provided on Bavel Blocks at the time of your purchase, and such pricing is subject to change at the Company’s sole discretion, at any time and without notice to you.  Purchase Items are made available for your own personal, non-commercial use only and may not be used for further distribution or re-sale.  We do not provide refunds for any Purchase Items you have purchased.

Terms of Payment

To make any purchase via Bavel Blocks, you must provide valid and updated credit card information, debit card information or a valid ACH auto debit account (in each case, the “Billing Information”).  You are responsible for providing complete and accurate Billing Information and notifying the Company of any changes to such information.

Fees and prices do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with any purchase made through Bavel Blocks.  If the Company has the legal obligation to pay or collect Taxes for which you are responsible under this Section, we will include such charges along with the applicable Membership Fee or purchase price and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. You agree to indemnify and hold us harmless from any encumbrance, fine, penalty or other expense which we may incur as a result of your failure to pay any Taxes required hereunder.  For clarity, the Company is solely responsible for taxes assessable against us based on our income, property and employees.

In the case of any conflict between any pricing or payment terms posted online on Bavel Blocks and those contained in these Terms of Use, the pricing and payment terms contained online on Bavel Blocks shall control.

  1. Links to Other Sites.

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You may not establish a link from any website that is not owned or controlled by you and, except as may be specifically enabled by Bavel Blocks’ interactive features, you may not link to any part of Bavel Blocks other than the homepage.  Any website on which you create a link must comply in all respects with the Content Standards set out in these Terms of Use.  We reserve the right to withdraw linking permission without notice.

If Bavel Blocks contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to Bavel Blocks, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Bavel Blocks may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on Bavel Blocks, send messages or other communications with certain content, or links to certain content, on Bavel Blocks, or cause limited portions of content on Bavel Blocks to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions that we (or such third party sites) provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause Bavel Blocks or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

  1. Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or Bavel Blocks will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF BAVEL BLOCKS OR ANY SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF BAVEL BLOCKS, ITS CONTENT, PURCHASE ITEMS AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS IS AT YOUR OWN RISK.  BAVEL BLOCKS, ITS CONTENT, PURCHASE ITEMS AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF BAVEL BLOCKS.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT BAVEL BLOCKS, ITS CONTENT, PURCHASE ITEMS OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT BAVEL BLOCKS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT BAVEL BLOCKS OR ANY SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, BAVEL BLOCKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON BAVEL BLOCKS, ANY PURCHASE ITEMS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH BAVEL BLOCKS OR SUCH OTHER WEBSITES.  THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Bavel Blocks, including, but not limited to, your User Contributions or User-Provided Content, any use of Bavel Blocks’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Bavel Blocks.

  1. Governing Law and Jurisdiction.

All matters relating to Bavel Blocks and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or Bavel Blocks shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR BAVEL BLOCKS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  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 minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement.

These Terms of Use and our Privacy Policy (http://bavleblocks.com/privacy-policy/) constitute the sole and entire agreement between you and Vanbara, Inc. with respect to Bavel Blocks and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Bavel Blocks.

  1. Your Comments and Concerns.

This website is operated by Vanbara, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (as described above) in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to Bavel Blocks should be directed to: [email protected].