BLITZ TEAM: END USER LICENSE AGREEMENT

 

The terms of this agreement ("Terms of Use") govern the relationship between you and BlitzTeam LLC, a Belarusian limited liability company (business ID 193072653) having its registered office at ul.Platonova, d.49, pom.24, BY-220012, Minsk, Belarus, (hereinafter "BLITZ TEAM" or "Us" or "We") regarding your use of our games, websites and related services (the "Service"). Use of the Service is also governed by our Privacy Policy and any of our other policies, which are incorporated herein by reference.

Do not access or use the Service, including browsing any BLITZ TEAM website or accessing our games, if you do not agree to both these Terms of Use and the Privacy Policy. In order to enjoy some of the Services, you may be required to create an account on the Service (an "Account"). By creating an Account or using the Service, you represent to us that that you have reached at least the age of 13 years old. If you are between the ages of 13 and 17, you represent to us that your legal guardian has both reviewed and accepted these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook, you shall comply with both these Terms of Use as well as the terms of service/use such SNS’ terms of service or use.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

For United States residents, these Terms of Use contain a binding arbitration clause in Section 8 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 8, you agree that any disputes arising between you and Blitz Team will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

 

We reserve the right, at our sole discretion, to change, modify, add or remove any portions of these Terms of Use, our Privacy Policy, or any of our other relevant policies at any time by posting the amended terms on the BLITZ TEAM Service. If you decide to use the Service after we post such amended terms, you will be deemed to have read and accepted all such changes. If you do not agree to any portion of our Terms of Use, our Privacy Policy, or any of our other policies or rules, after updated versions have been posted on the Service, your license to use the Service shall terminate, and you shall immediately discontinue your use of the Service.

1. License

1.1. Using the Service under a Limited License 

Subject to your initial and continued asset to these Terms of Use and any of our other relevant policies, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes (the “Limited License”). You agree not to use the Service for any other purpose.

The following restrictions apply to your use of the Service:

·      You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of the credit card or other approved electronic payment provider instrument associated with your Account, including use thereof by minors.

·      You may only create one Account; you shall not share, purchase, sell, rent, or give away your Account, create an Account using a false or misleading information, or create an Account on behalf of someone other than yourself (unless you are a legal guardian creating an Account for someone under the age of 17); You shall not use the Service if you have previously been removed by us, or previously been banned from playing any of our games.

·      You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Login information and Your Account

You are required to create a password for your Account ("Login Information"). You shall not disclose the Login Information to others, or do anything that might compromise the security of your Account. If you suspect that the Login Information has been compromised, such as any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for your Account and all uses of the Login Information, including purchases, whether or not such purchases were actually authorized by you. 

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that such username violates rights of a third party.

Code of Conduct

Any use of the Service in violation of these license limitations is strictly prohibited, can result in the immediate revocation of your Limited License and may subject you to liability for violations of law.

You agree that you shall not, under any circumstances:

·      Engage in any act that we deem to be contrary to the mission of the Service or an abuse of our support services.

·      Use or encourage the use of cheats, exploits, automation software, bots, hacks, mods or any non-BLITZ TEAM software designed to modify or interfere with the Service or our game. 

·      Cause any of our game or Service files to be modified without our express written consent.

·      Disrupt, interfere, or hinder the ordinary function of the Service or otherwise adversely impact other users' enjoyment of the Service or playing our games. This includes manipulating rankings, or exploiting errors in the Service to gain an unfair advantage over others, intentionally abusing the Service in any other manner.

·      Disrupt, overburden, or contribute toward the intentional disruption or overburdening of any computer or server ("Server") used to offer or support the Service or our game environments.

·      Participate in any type of attack, including without limitation distribution of any virus, denial of service attacks upon the Service, or any other attempt to disrupt the Service or another user’s enjoyment of the Service.

·      Attempt to hack or gain unauthorized access into the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by us. This means no participation in any attempts to circumvent or modify any security, technology, device, or software that is part of the Service.

·      Post any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or otherwise engage in ongoing harassing behavior.

·      Post or link to any highly offensive content not suitable for minors, such as content containing nudity, extreme violence, threats, or material which includes patently racist, xenophobic, misogynistic or homophobic material.

·      Participate or threaten to harass, abuse, or harm another person or group, including our employees or agents.

·      Use the Service to furnish any content that infringes upon the intellectual property rights of any third party, such as copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right.  This includes impersonating someone else, including without limitation a BLITZ TEAM employee.

·      Reverse engineer, decompile, disassemble, decipher or otherwise attempt to ascertain the source code for any underlying software or other intellectual property made available as part of the Service or any BLITZ TEAM game, or to use any unauthorized method to exploit or derive any information from the Service without our consent.

·      Solicit or attempt to solicit personal information (including Login Information) from others.

·      Capture, collect or disseminate anyone’s private information, in any form or media, using the Service or our game.

We reserve the sole right to adjudicate what conduct constitutes a breach of these rules, or what conduct otherwise violates the spirit of these Terms of Use.  We reserve the right to take any response that we deem to be proper and necessary as a result of any such breach or violation.  Such, responses may include issuing a warning, suspending or terminating Accounts, or otherwise issuing a ban from the Service for any duration that we deem appropriate.

1.2. Suspension and Termination of Your Account and Access to the Service

WITHOUT LIMITING ANY OTHER REMEDIES, BLITZ TEAM MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU FAIL, OR IF BLITZ TEAM SUSPECTS THAT YOU FAIL, TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND BLITZ TEAM IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING ANY OF OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USERS’ ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND THE SERVICE, DELAY OR REMOVE HOSTED CONTENT, AND/OR TAKE ADDITIONAL STEPS, WHETHER TECHNICAL OR LEGAL,  TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE DETERMINE  THAT THEY HAVE OR ARE LIKELY TO CREATE ANY RISK OR LEGAL LIABILITY, INFRING UPON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACT INCONSISTENTLY WITH THE INTENT OF OUR TERMS OR POLICIES. 

WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or any part thereof will be automatically terminated. In such event, we shall not be required to provide users with any refunds, benefits or other compensation in connection with the cessation of the Service. Termination of your Account may result in disabling your access to the Service or any part thereof including any content that you or others may have submitted.

You may, at any time and for any reason, terminate your Account by informing us of such decision by following the process set forth on our support page.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, logos, computer code, themes, objects, characters, weapons, vehicles, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a BLITZ TEAM game client, and the BLITZ TEAM game clients and server software) are owned by BLITZ TEAM. BLITZ TEAM reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU ONLY POSSESS A MERE LICENSE, AND THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLITZ TEAM AND ITS SUCCESSORS AND PERMITTED ASSIGNS.

2.3. Virtual Items

We either own, control, or have otherwise licensed rights to use all of the content that appears in the Service or in our games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods (such as weapons) or virtual currency appearing or contained in any BLITZ TEAM game, whether earned or purchased, or any other items associated with an Account or stored on the Service.

3. User Content

3.1. Submission of User Content

"User Content" means any communication, image, sound, and all the material, data, and information that you upload or transmit through our game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any applicable law, contract to which you are a party, or other third party right; (c) that you have permission from any applicable third party whose personal information or intellectual property you upload as User Content; (d) free of viruses, adware, spyware, worms, bots, or other malicious code; and (e) you acknowledge and agree that any of your personal information within such content will at all times be processed by BLITZ TEAM in accordance with its Privacy Policy.

3.1.1. Content Screening

BLITZ TEAM assumes no responsibility for any of the User Content uploaded by our users.  We do not pre-screen, filter, or otherwise monitor all of the User Content that is uploaded. Your use of the Service is at your own risk. By using the Service, you understand and accept that you may be exposed to User Content that is offensive, indecent, or that is in violation of these Terms of Use. We bear no responsibility for any User Content.  You bear all risks associated with the use of any User Content available in connection with the Service and our games. We may, in our sole discretion, have our representatives or our technology monitor and/or record your interactions with the Service, including your communications and chat texts.

By accepting these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

We reserve the right in our sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If we, at any time and in our sole discretion, choose to monitor the Service, we shall have no responsibility to screen User Content and we assume no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content at any time.

3.2. Information Readily Available to Others 

3.2.1. Non-Private Nature

The Service may include forums, blogs and chat features where you can upload User Content, including your observations and comments on designated topics. Please remember that you have no expectation of privacy on the Service so please do not include any confidential information in your User Content. We shall have no responsibility to evaluate, use, or compensate you for any ideas, content, or information that you upload.

3.2.2. We are Not Responsible For Your Content

You are solely responsible for the material that you upload to or through the Service, including anything that you make available to others. We may reject, refuse to post, or delete any User Content for any or no reason, including, but not limited to, User Content that the BLITZ TEAM deems, in its sole discretion, to be a violation of these Terms of Use.

3.2.3. You Grant a License to Us

You hereby grant to BLITZ TEAM a worldwide, perpetual, irrevocable, transferable, non-exclusive, fully paid-up, royalty-free license (including the right to sublicense and assign to third parties) and the right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with and ancillary to the Service, including but not limited to marketing and promotions of the Service. You also hereby grant to BLITZ TEAM the right to authorize others to exercise any of the rights granted to BLITZ TEAM under these Terms of Use. You further hereby grant to BLITZ TEAM the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution, moral rights, and any so called droit moralyou may have in your User Content, regardless of whether your User Content is altered or changed in any manner. BLITZ TEAM does not claim any ownership rights in your User Content and nothing in these Terms of Use is intended to restrict any rights that you may have to use and exploit your User Content. BLITZ TEAM has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact with through the Service and/or BLITZ TEAM games. We reserve the right, but have no obligation, to become involved in or otherwise arbitrate or resolve such disputes. You will fully cooperate with BLITZ TEAM to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

4. Fees and Purchased Terms

4.1.Purchases

You will have the opportunity to spend actual money (e.g., Dollars, Euros, etc.) in the Service in exchange for a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual gold and silver; (b) "virtual in-game items" such as keys, and elite keys (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. 

BLITZ TEAM may regulate, manage, control, eliminate or modify Virtual Items and/or Merchandise at any time, without notice, and without any liability to you or third parties.

Unless expressly authorized in the Service, your transfer of Virtual Items or Merchandise is prohibited. You shall not attempt to sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to another user or any third party. You may not “cash-out” or otherwise redeem any virtual in-game items for actual money. 

PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

We furnish Virtual Items for use in our games as a service provided by us, which provision commences immediately upon our acceptance of your purchase.

4.2. Taxes and Fees

You shall pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We reserve the right to change the price of any offerings made available through the Service at any time and without notice. YOU ACKNOWLEDGE AND AGREE THAT BLITZ TEAM IS NOT OBLIGATED TO ISSUE ANY REFUNDS FOR ANY REASON, AND THAT YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR ANY CONSIDERATION FOR UNUSED VIRTUAL ITEMS UPON THE TERMINATION OR CLOSURE OF AN ACCOUNT, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates 

You acknowledge that the Service may be subject to frequent changes. We may require that you accept updates to the Service and to our games that you have installed on your device. You acknowledge and agree that we may update the Service and our games, including without prior notice. Your third party software may also require occasional updates in order to use the Service or to play our games.

6. Disclaimer of Warranties

WITHOUT LIMITING OUR LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLITZ TEAM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ANY GIVEN TIME OR IN ANY GIVEN LOCATION; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

These disclaimers shall apply to the maximum extent permitted by applicable law, recognizing that some jurisdictions do not allow the exclusion of certain warranties. 

7. Limitation of Liability; Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLITZ TEAM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER DEFINED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLITZ TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, BLITZ TEAM SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO BLITZ TEAM IN ACCORDANCE WITH THESE TERMS OF USE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO BLITZ TEAM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH BLITZ TEAM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BLITZ TEAM OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF BLITZ TEAM.

You agree to indemnify, defend and hold BLITZ TEAM (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any threat, claim, demand, damage or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Use, however the foregoing shall not apply if the same is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Governing Law

If a dispute arises between you and BLITZ TEAM, we you shall first contact us directly to seek a resolution by going to our customer support site at https://blitzteam.helpshift.com/a/battle-prime/  You agree to exhaust all reasonable resolution efforts with the BLITZ TEAM before seeking dispute resolution elsewhere.   If you are a resident of the United States of America, these Terms of Use and any unresolved material dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the laws of the state of New York, without regard to conflicts of law provisions. You agree that any unresolved material claim or dispute that you may have against us must be resolved exclusively by a court located in Manhattan, New York.  If you are not a resident of the United States, you agree that all unresolved material disputes between you and us shall be governed by the laws of Belarus without regard to conflict of law provisions.  You agree that any unresolved material claim or dispute you may have against us may be resolved exclusively by a court located in Minsk, Belarus. 

If you are a United States resident or otherwise make any claim against us in the United States, you expressly agree that any legal claim, dispute or other controversy between you and BLITZ TEAM arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms of Use or our Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case BLITZ TEAM will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

The arbitration may be conducted in Manhattan, New York, or, upon your request, in the city closest to you location where AAA maintains an office. The arbitrator's award shall be final and binding on you and BLITZ TEAM and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent the Dispute arises from:

1.    A violation of our intellectual property rights in any manner;

2.    Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these Terms of Use; and

3.    Any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.  You and BLITZ TEAM agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: BlitzTeam LLC, ATTN: Legal Department, ul.Platonova, d.49, pom.24, BY-220012, Minsk, Belarus. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to the address above requesting arbitration and describing your claim.

BLITZ TEAM will provide 30-days’ notice of any changes to this Section “Binding arbitration/ Class waiver” through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

9. Severability

You and BLITZ TEAM agree that, to the extent permitted in the applicable jurisdiction, if any portion of these Terms of Use or of the BLITZ TEAM Privacy Policy is deemed to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, only such offending portion shall be deemed to be unenforceable, and such determination shall not affect the validity or enforceability of the remaining provisions of the terms, which shall remain in full force and effect.

10. Miscellaneous 

10.1. Assignment

We may freely assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you shall be void.

10.2. Supplemental Policies

We may publish additional policies related to specific services such as forums, contests or other programs from time to time. Your right to use such services is subject to these Terms of Use and to such specific policies.

10.3. Entire Agreement

These Terms of Use, any supplemental policies and any documents expressly incorporated by reference herein (including our Privacy Policy), constitute the entire understanding and agreement between you and BLITZ TEAM, and supersede all prior agreements between you and us relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service and our games.

10.4. No Waiver

Any failure of us to enforce any provision of these Terms of Use or our Privacy Policy shall not waive or relinquish our right to assert or rely upon any such provision or right.

The express waiver by BLITZ TEAM of any particular provision, condition, or requirement of these Terms of Use or our Privacy Policy shall not operate as a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly set forth in this these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed to be a modification of these Terms of Use or otherwise become legally binding, unless the same is reduced to a writing that is signed by you and a duly authorized member of the BLITZ TEAM.

10.5. Notices

We may notify you via postings on https://www.blitzteam.com or via e-mail or any other reasonable means of communication sent to the contact information you provide to us. All notices given by you or required from you under these Terms of Use or the our Privacy Policy shall be in writing and addressed to: BlitzTeam LLC, Attn: Legal Department, ul.Platonova, d.49, pom.24, BY-220012, Minsk, Belarus. Any notice that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations incurred under these Terms of Use to BLITZ TEAM are of a unique and irreplaceable nature, the loss of which shall irreparably harm BLITZ TEAM and which cannot be adequately compensated solely through monetary damages.  You hereby agree that BLITZ TEAM shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to otherwise enjoin or restrain the operation of the Service or any BLITZ TEAM game, advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. You agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

BLITZ TEAM shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BLITZ TEAM, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond BLITZ TEAM control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

‚Äč