|
Terms of Service
1. ACCEPTANCE OF TERMS
BlitWise Productions LLC (hereinafter "BlitWise")
welcomes You [hereinafter "you", "User"
or "your"] to its websites ("Site") www.blitwise.com or classic.blitwise.com.
BlitWise provides this service to Users subject to the following
Terms of Service ("TOS"), which may be updated by
Blitwise from time to time without notice to Users. This Site
and all games and Software created by BlitWise (collectively
the "Service") is provided at BlitWise's sole discretion
and may be altered or removed at any time. PLEASE READ THESE
TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR ANY SOFTWARE
OR SERVICES AVAILABLE FROM IT.
Additionally, when using any "BlitWise" owned or
operated Service, User and BlitWise shall be subject to any
further posted guidelines. All such guidelines are hereby
incorporated by reference into this TOS.
BY USING THIS SITE, SITE FORUMS, SERVICE, CLICKING ON A BUTTON
INDICATING YOUR CONSENT, OR ORDERING SERVICES OR SOFTWARE
AND CONTENT SUCH AS GAMES, FOR USE THEREWITH, EITHER AT NO
CHARGE OR FOR A FEE, YOU AGREE TO THESE TERMS, INCLUDING BUT
NOT LIMITED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY,
AND TO DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS
AND LIMITATIONS, AND A CHOICE OF NEW YORK LAW. IF YOU DO
NOT AGREE TO THESE TERMS YOU DO NOT HAVE PERMISSION TO USE
THIS SERVICE.
BlitWise reserves the right, at its discretion, to change,
modify, add, or remove portions of these Terms at any time.
Notification of changes to these Terms will be posted on the
Site. If any future changes to these Terms are unacceptable
to You, You must discontinue use of this Service.
Users may also be subject to additional terms and conditions
when You use third-party content, services, and or software
accessed through or promoted on the Service.
2. DESCRIPTION OF SERVICE
BlitWise provides Users with a family friendly
online environment meant for the benefit and enjoyment of
those who enjoy high quality family approved computer games.
Users of the Service are provided access to various communication
tools, forums, and shopping services which may be accessed
through any various medium or device now known or hereafter
developed. Users must understand and agree that the Services
of BlitWise are provided "AS-IS" and that
BlitWise assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. In addition, those who access the
Service are responsible for obtaining access to the Service,
and that access may involve third party charges. Users are
also responsible for all equipment necessary to access the
Service.
3. INDEMNITY
Users agree to indemnify and hold BlitWise
and its subsidiaries, affiliates, officers, agents, employees
and licensors harmless from any claim or demand, including
reasonable attorney's fees, made by any third party due to
or arising out of the content users submit, post, transmit,
or otherwise make available through BlitWise's Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
4. NO RESALE OF ITEMS CONNECTED TO SERVICE
Users agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes,
any portion of the Service, including use of the Site and
access to the Service.
5. MODIFICATION TO SERVICE
BlitWise reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service, with or without notice. Users agree
that BlitWise shall not be liable to Users or any third party
for any modification, suspension or discontinuance of the
Service.
6. TERMINATION
Users agree that BlitWise may, under certain
circumstances and without prior notice, immediately terminate
your BlitWise Service access and services to access the Site.
Causes for such termination shall include, but not be limited
to:
A. breaches or violations of the TOS or other incorporated
agreements or guidelines,
B. requests by law enforcement or other government
agencies,
C. a request by You (self-initiated account deletions),
D. discontinuance or material modification to the Service
(or any part thereof),
E. unexpected technical or security issues or problems,
F. extended periods of inactivity,
G. engagement by you in fraudulent or illegal activities,
and/or
H. nonpayment of any fees owed by You in connection
with the Service.
7. LINKS
The Site provides links to other World Wide
Web sites. Because BlitWise has no control over the content
of such sites, users acknowledge and agree that BlitWise is
not responsible for the availability of such sites and does
not endorse and is not responsible or liable for any content,
advertising, products or other materials available through
such sites. Users further acknowledge and agree that BlitWise
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site.
8. BLITWISE'S PROPRIETARY RIGHTS
Users acknowledge and agree that the Service
and any necessary software used in connection with the Service
("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that information
presented to You through the Service is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by BlitWise or advertisers,
Users agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part. However, users may distribute screenshots
and videos in a non-commercial context.
9. LIMITED NON-COMMERCIAL LICENSE TO USE
THE SERVICE
BlitWise offers Users the ability to use the
Service. For example, BlitWise may provide chat areas, bulletin
boards, forums, e-mail functions, online match-making, software
and services that allow You to download specific content from
the Site to your computer. It is Blitwise's goal to provide
an excellent Service to its Users. Unfortunately, it is sometimes
necessary to place restrictions on use to both ensure that
an excellent Service will continue while simultaneously protecting
Blitwise's integrity. Without limiting your obligations and
restrictions, your limited license to use the Service is subject
to the following conditions (however, feel free to contact
us if you would like to request an individual exception to
these conditions):
A. The Services that are made available
to You are the copyrighted work of BlitWise and/or its suppliers.
The use of each Service is governed by the End User License
Agreement ("EULA") that accompanies or is included
in the Service or is expressly stated on the Site pages accompanying
the Service and these Terms. (Click here
to see EULAs) In the event that no EULA accompanies the Service,
then the Terms shall govern your use of the Service. You may
not download or use any Software from the Site without agreeing
to the EULA, if any, and these Terms. Certain Software may
be owned by third parties and distributed under a third party
EULA and You agree that BlitWise shall not be responsible
for any loss or damage of any sort relating to users dealings
with such third parties.
B. Unless expressly stated otherwise in the EULA, Users
are granted only a limited license to download and/or use
the Software from a single computer or device for personal
and non-commercial purposes. This is necessary to maintain
the quality of the Service. You may not make copies of or
distribute the Software or electronically transfer the Software
from one computer to another or over a network. You may not
separate any content from an associated Software. You may
not decompile, reverse engineer, disassemble or otherwise
reduce the Software to human perceivable form. You may not
rent, lease or sublicense the Software. You may not create
derivative works of the Software and You may not export the
Software in violation of any U.S. or foreign law, rule or
regulation. All rights in Software not specifically granted
to you in writing by BlitWise are reserved to BlitWise.
C. BlitWise may cease support of any Service at any
time in its sole discretion.
D. The License shall automatically terminate should
You violate any of these terms or EULA and may be terminated
by Blitwise at any time.
10. INTELLECTUAL PROPERTY RIGHTS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE
TERMS, NEITHER BLITWISE, ITS AFFILIATES, NOR ANY THIRD PARTY
HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE,
ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT
OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY SOFTWARE
OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY
YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
BlitWise will not tolerate copyright infringement and reserves
the right to block, disable, or otherwise remove any content
or User Materials uploaded to the Site as well as terminate
access to the Service if Users engage in copyright or other
intellectual property infringement. The law provides for civil
and criminal penalties for copyright and other intellectual
property law infringements.
Displaying, performing, storing, copying, distributing, or
otherwise making available or using any content from the Site
or Software is prohibited, unless specifically authorized
by BlitWise. Accordingly, no such content or Software may
be used on another website without express written permission
from BlitWise.
11. ORDERING OBLIGATIONS
In consideration for Users' use of the Service,
Users agree to provide, true and accurate and complete information
about them as prompted by the Service ordering process. Users
represent that they are of legal age to form a binding contract
and agree to update information provided in connection with
the ordering process. The Service is intended for adults,
and children under the age of 13 years may not use the Service
or forums without verifiable parental consent pursuant to
the Children's On-line Privacy Protection Act of 1998 (COPPA).
12. DISCLAIMER OF WARRANTIES
USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
A. USE OF THE SERVICE IS AT USERS'
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. BLITWISE AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. BLITWISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BLITWISE OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLITWISE
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF BLITWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER
MATTER RELATING TO THE SERVICE.
14. FORUMS
BlitWise has made available forums for the
benefit and enjoyment of all Users. BlitWise would like them
to be an online society where anyone would feel welcome and
everyone can have fun. For the existence of any such society,
however, there must be rules of order and behavior.
A. Family Friendly
BlitWise and its Users wish for the forums here to be available
to all people, of various ages, backgrounds, and sensitivities.
Therefore, language or behavior which would be inappropriate
to use in an intended Family-Friendly environment is therefore
not allowed. Foul, offensive, or abusive language is forbidden.
This includes the use of swearing, racial, religious, or sex-based
slurs, as well as any language designed solely to demean or
belittle another poster. Sexual comments and sexual innuendo
are also violations of the TOS. Attempting to use words which
are forbidden by altering the spelling, or replacing letters
with asterisks (*) or any other symbol, is also considered
a violation. Posts and/or threads found to be in violation
may be edited or removed by the Forum Moderator, and the offending
User given a private warning. If a User shows a pattern of
such uncorrected behavior he may have his membership suspended
for a given period of time, or, in certain cases, may be banned
from the forums entirely.
B. Personal Respect and Courtesy
It is the intent of BlitWise to provide a place where Users
may socialize and discuss in a respectful and mutually enjoyable
manner. To this end, behavior which runs counter to this goal
is considered a violation of the TOS. This includes, but is
not limited to, (A) ad hominem attacks, that is, an attack
on the person or character of another User, rather than on
his or her ideas or opinions which may be contrary to others;
(B) violent or threatening behavior against another User,
his or her property, or (C) anything else which is deemed
intimidation against his or her well-being, which includes
threats of physical violence as well as threats of electronic
violence, such as hacking or spamming; hostile or disruptive
posting, including any threats or behaviors forbidden above,
spamming of threads or forums, or (D) any other behavior which
is disruptive to the environment or running of the BlitWise
forums.
C. Decorum and Decency
As stated above, the atmosphere of these forums is one of
family friendliness. Therefore, the advocacy of the use of
illegal substances, or of controlled legal substances such
as tobacco or alcohol in an illegal manner or by those not
of a legal age, is a violation of the TOS.
D. Legal and Privacy Concerns
The safety and privacy of all our Users is a paramount concern
to Blitwise Productions. Consequently, it is improper for
all Users, but especially those Users under the age of 13
to release any personal information on the forums. This includes
their real name, specific location, or age. It is also inappropriate
to express excessive or persistent curiosity about the age,
location, or name of another User on the forums, and may result
in warning, suspension, or banning. In accordance with the
Children's Online Privacy Protection Act of 1998, children
under the age of 13 may not register to post on the forum
without verifiable parental consent by a parent or guardian.
E. Submission of User Material and Feedback
Users understand that all postings, messages, User feedback,
data, comments, suggestions, information, text, data, software,
sounds, photographs, audio, audiovisual, video, artwork, graphics,
files and other materials of any nature ("User Materials")
that are transmitted to or via the Site are the sole responsibility
of the person from which the User Materials originated. Users
understand that whether or not such User Materials are published
on the Site, BlitWise does not guarantee any confidentiality
with respect to any submissions. BlitWise does not want to
receive confidential or proprietary information from Users
through the Site or by email. In the absence of an express
written agreement between Users and an authorized by writing
BlitWise employee, any User Materials, information or idea
you transmit to BlitWise by any means may be disseminated
or used by BlitWise or its affiliates without compensation
or liability to you for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing
products. However, this provision does not apply to personal
information that is subject to our privacy
policy, which is subject to separate provisions.
Unless you enter into a separate written agreement with
BlitWise, BlitWise does not claim ownership in User Materials
you submit, however, by submitting User Materials in any form
to BlitWise, in addition to other provisions of the TOS, users
grant BlitWise a fully-paid, royalty-free, world-wide, non-exclusive,
sub-licensable, and assignable right and license to use, copy,
reproduce, modify, adapt, publish, edit, translate, create
derivative works from, transmit, distribute, publicly display
and publicly perform such User Materials.
Assumption of the Risk
BlitWise assumes no responsibility for the
accuracy, content, or outcome of any posting transmitted on
BlitWise's message boards. Users should use forums at their
own risk. Again, BlitWise reserves the right to delete any
message it deems inappropriate.
15. ONLINE SERVICES
BlitWise's Service may include Software which
allow Users to connect to and play with other Users of the
Service. These Services may include: account and profile creation,
random matchmaking, friend invitation, User chat, scoreboards,
screenshot sharing, video creation, or other publicly visible
services. You agree that all use of these services may be
publicly seen and are required to meet the terms above regarding
decency, interpersonal interaction, and harassment.
Any violations of the TOS by You may result in changes to
your account or discontinuance of the Service.
16. PRIVACY POLICY
Users are subject to BlitWise's Online Privacy
Policy, located on this Site. Use of this Site, constitutes
Users' consent to the collection and use of information, as
set for in the Online Privacy Policy. BlitWise takes privacy
considerations very seriously and recommends that Users read
the policy carefully.
17. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes
the entire agreement between You and BlitWise and governs
your use of the Service, superseding any prior agreements
between You and BlitWise with respect to the Service. You
also may be subject to additional terms and conditions that
may apply when You use or purchase certain other BlitWise
services, affiliate services, third-party content or third-party
software.
B. Choice of Law and Forum. The TOS and the relationship
between You and BlitWise shall be governed by the laws of
the State of New York without regard to its conflict of law
provisions. Unless mutually agreed otherwise, Blitwise and
all Users agree to resolve any dispute, directly or indirectly
related to the use of the Service, by binding arbitration
to be held in Broome County, New York. The parties specifically
prohibit class action arbitration. Each party shall appoint
one arbitrator. The two appointed arbitrators shall select
a third. Any majority decision of the arbitrators shall be
final. The parties shall equally bear the costs of arbitration.
C. Waiver and Severability of Terms. The failure of
BlitWise to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect.
D. Statute of Limitations. Users agree that regardless
of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or
the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
E. Notice of Breach. Users must provide Blitwise with
60 days' notice of any breach under this agreement before
they may initiate suit. Blitwise shall have the right to cure
within a reasonable time after notice is provided by User.
18. VIOLATIONS
Please report any violations of the TOS to
techsupport@blitwise.com.
|
