- Property Managers: Individuals or companies who manage a rental property or condo /HOA.
- Board Members: Used to refer to members of a Home Owners Association, Board or other similar organization.
- Community Members: Refers to all of those that reside within a particular community or property including Board Members, Tenants and Homeowners.
- Tenants: Community Members who rent their place of residence from another party typically Property Managers or Home Owners.
- Home Owners: Community Members who own their own property.
2. Rules and Conduct
- You must be 18 years or older to use this Website.
- You may not post inappropriate materials. This includes nude, partially nude, or vulgar photos.
- You are responsible for any activity that occurs under your username, so keep your password secure.
- You may not impersonate another person or represent yourself as affiliated with BlockVoice or BlockVoice’s staff.
- You must not abuse, harass, threaten, impersonate, or intimidate other BlockVoice Users or non-BlockVoice User Property Managers, Board Members or Community Members.
- You may not use the BlockVoice Website for any illegal or unauthorized purpose.
- You are responsible for verifying the safety, suitability, and functional state of any information or services shared or received via BlockVoice.
- You may not intentionally misrepresent any information or services given or shared via the BlockVoice Website.
- You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles and links ("Content") that you submit, post, and display on BlockVoice.
- BlockVoice does not control, is not responsible for and makes no representations or warranties with respect to any User Content.
- You are responsible for your use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content.
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Website or to review or edit any information posted to BlockVoice, by the User. However, we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Website. Deleted content may be stored by BlockVoice in order to comply with certain legal obligations and claims. Consequently, BlockVoice encourages you to maintain your own backup of your Content. In other words, BlockVoice is not a backup service. BlockVoice will not be liable to you for any modification, suspension, or discontinuation of the BlockVoice Website, or the loss of any Content.
The Content available through the Website has not been reviewed, verified or authenticated by BlockVoice, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Website or any Content on the Website, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Website.
3. General Terms
- You may not copy, modify or create derivative works of the Website.
- You may not disassemble, decompile, or reverse-engineer the Website or modify another website, application, or product offering so as to falsely imply that it is associated with BlockVoice.
- You may not transfer, share, or otherwise distribute the Website to anyone else.
- You may not access BlockVoice’s private API by any other means other than the official Website.
- You may not access or try to access non-public areas of the Website, our computer systems, other Users accounts, or the technical delivery systems employed by our Website.
- You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the Website or any content from BlockVoice including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
- You may not create or submit unwanted email, mail, phone calls or comments to any BlockVoice Users ("Spam"). This includes contacting Community Members and Board Members via email, phone, SMS and mail that have opted out of these contact methods.
- You may not gather and use information, such as Users’ name, real names or email addresses which may be made available through the Website for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
- You may not transmit any worms or viruses or any code of a destructive nature.
- You may not, in the use the BlockVoice website to violate any laws in your jurisdiction.
Violation of this agreement can result in the termination of your BlockVoice account. You also agree to indemnify and hold BlockVoice harmless as indicated within Indemnification section below.
While BlockVoice prohibits certain conduct and content on its site, you understand and agree that BlockVoice cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the BlockVoice service at your own risk.
4. General Conditions
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, violates the Terms, may mislead other Users, or is otherwise deemed inappropriate by company.
5. Proprietary Rights in Content on BlockVoice
- BlockVoice does NOT claim ANY ownership rights in the text, files, images, photos, works of authorship, rules, or any other Content that you post on or through the BlockVoice Website. By displaying, uploading or publishing ("Posting") any Content on or through the BlockVoice Website , you hereby grant to BlockVoice a non-exclusive, fully paid and royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels associated with BlockVoice now known or hereafter invented.
- The BlockVoice Website may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BlockVoice may place such advertising and promotions on the BlockVoice Website or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content Posted by you on or through the BlockVoice Website or otherwise have the right to grant the license set forth in this section, (ii) the Posting and use of your Content on or through the BlockVoice Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of your Content on the BlockVoice Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you Post on or through the BlockVoice Website within Indemnification section below.
- BlockVoice owns and retains all rights in BlockVoice’s Content and the BlockVoice Website. BlockVoice hereby grants you a limited, revocable, non-sublicensable license to reproduce and display BlockVoice Content (excluding any software code) solely for your personal use in connection with viewing Postings and using the BlockVoice website.
- The BlockVoice website contains Content of Users and other BlockVoice licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the BlockVoice Website.
- BlockVoice performs technical functions necessary to offer the BlockVoice Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the BlockVoice Website.
6. Notice and Takedown Procedure for Copyright Complaints
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to BlockVoice as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of BlockVoice will comply with applicable copyright laws. However, if BlockVoice receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
7. Designated Agent
BlockVoice’s Designated Agent to receive notification of alleged infringement under the DMCA is:Jennifer Bell, 7612 Eads Ave La Jolla CA 92037
Upon receipt of proper notification of claimed infringement, BlockVoice will follow the procedures outlined herein and in the DMCA.
8. Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BlockVoice's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BlockVoice to locate the material;
- Information reasonably sufficient to permit BlockVoice to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
9. Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide BlockVoice’s Registered Agent (listed above) the following information in a written communication (preferably via email):
- 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 to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, BlockVoice will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that BlockVoice will replace the removed material or cease disabling access to it in 10 business days. BlockVoice will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
10. Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, BlockVoice will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
11. Accommodation of Standard Technical Measures
It is BlockVoice's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that BlockVoice determines are reasonable under the circumstances.
You agree to indemnify and hold BlockVoice harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to the Website, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with any users, (b) your transfer of any information or service, or (c) your creation of an item or service. Liability for any given item, information or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.
13. Integration with Third Party Services
BlockVoice and its Website are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Website, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Website ("Feedback") is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
BlockVoice reserves the right, at its sole discretion, to modify or replace any of these Terms on the BlockVoice Website by sending you an email notification. You may not opt out of these notifications, and your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. BlockVoice may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
BlockVoice may terminate, change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website and related Content.
You understand and agree that the Website is provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
18. Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ACCESS TO THE WEBSITE AND IN NO EVENT WILL IT EXCEED $100. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; AND (3) ANY CONTENT OBTAINED FROM THE WEBSITE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, BlockVoice’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with BlockVoice, you agree to first contact BlockVoice and attempt to resolve the dispute with us informally. In the unlikely event that BlockVoice has not been able to resolve a dispute within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and BlockVoice decide otherwise, arbitration will be conducted in California. If your claim is for US $10,000 or less, BlockVoice agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Website. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BlockVoice ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21. Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.
22. Other Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
Questions & Contact Information
Please contact us if you have any questions about our Terms.Alternatively, BlockVoice can be contacted at:
4023 Kennett Pike #56209, Wilmington DE 19807Effective: Feb. 3, 2015