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Terms
of Service
1.
ACCEPTANCE OF TERMS
BlitWise
Productions LLC (hereinafter "BlitWise") welcomes
you to its website ("Site") www.blitwise.com.
BlitWise provides this service to users subject to the following
Terms of Service ("TOS"), which may be updated by
use from time to time without notice to users. PLEASE READ
THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR
ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT.
Additionally,
when using "BlitWise" owned or operated services,
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, CLICKING ON A BUTTON INDICATING YOUR
CONSENT, OR ORDERING APPLICATIONS, 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 SITE.
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 Site.
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 Site.
2.
DESCRIPTION OF SITE
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 Site are provided
access to various communication tools, forums, 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 Site 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
site.
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 Site, your use of the Site, your connection
to the Site, your violation of the TOS, or your violation
of any rights of another.
4.
NO RESALE OF ITEMS CONNECTED TO SITE
Users
agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the
Site, including use of the Site and access to the Site.
5.
MODIFICATION TO SITE
BlitWise
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Site, with
or without notices. Users agree that BlitWise shall not be
liable to users or any third party for any modification, suspension
or discontinuance of the Site.
6.
TERMINATION
Users agree that BlitWise may, under certain circumstances
and without prior notice, immediately terminate your BlitWise
Site 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 Site
(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 Site.
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 Site and any necessary
software used in connection with the Site ("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 Site 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 Site or the Software, in whole or in part.
9. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
BlitWise offers users the ability to use Applications. For
example, BlitWise may provide chat areas, bulletin boards,
forums, e-mail functions, software and services that allow
you to download specific content from the Site to your computer,
without limiting your obligations and restrictions, your limited
license to use the Applications is subject to the following
conditions:
A. The Applications that are made available to you
are the copyrighted work of BlitWise and/or its suppliers.
The use of each Application is governed by the end user license
agreement ("EULA") that accompanies or is included
in the Application or is expressly stated on the Site pages
accompanying the Application and these Terms. (Click here
to see EULA's) In the event that no EULA accompanies the Application,
then the Terms shall govern your use of the Application. You
may not download or use any Application from the Site without
agreeing to the EULA, if any, and these Terms. Certain Applications
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 Application from a single computer for personal and non-commercial
purposes. You may not make copies of or distribute the Application
or electronically transfer the Application from one computer
to another or over a network, nor may you separate any content
from an associated Application. You may not decompile, reverse
engineer, disassemble or otherwise reduce the Application
to human perceivable form. You may not rent, lease or sublicense
the Application. You may not create derivative works of the
Application and you may not export the Application in violation
of any U.S. or foreign law, rule or regulation. All rights
in Applications not specifically granted to you in writing
by BlitWise are reserved to BlitWise.
C. BlitWise may cease support of any Application at
any time in its sole discretion.
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 APPLICATIONS 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 Site 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 Applications
is prohibited, unless specifically authorized by BlitWise.
Accordingly no such content or Applications may be used on
another website without express written permission from BlitWise.
11. ORDERING OBLIGATIONS
In consideration for users' use of the Site, users agree to
provide, true and accurate and complete information about
them as prompted by the Site ordering process. Users represent
that they are of legal age to form a binding contract and
you agree to update information provided in connection with
the ordering process. The Site is intended for adults, and
children under the age of 13 years may not participate in
forum discussions 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 fans and customers. 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 members 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 (*), 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 poster given a private
warning. If a poster 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 fans 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 poster, rather than on his or her
ideas or opinions which may be contrary to others; (B) violent
or threatening behavior against another poster, 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 spirit of the BlitWise's entertainment, and
thus of this forum and its TOS.
D. Legal and Privacy Concerns
The safety
and privacy of all our fans and posters is a paramount concern
to Blitwise Productions. Consequently, it is improper for
posters under the age of 13 to release any personal information
on the forums. This includes real name, specific location,
or age. It is also inappropriate to express excessive or persistent
curiosity about the age, location, or name of another poster
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 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. Participants should use advice at their own risk.
Again, BlitWise reserves the right to delete any message it
deems inappropriate.
15. PRIVACY POLICY
Users
are subject to BlitWise's Online
Privacy Policy, located on this Site. Via use of
this Site, 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.
16. 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. Users and BlitWise agree to submit to the personal
and exclusive jurisdiction of the courts located within Broome
County, New York.
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. You 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.
17. VIOLATIONS
Please report any violations of the TOS to techsupport@blitwise.com.
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