BLITSTIM OOO: END USER LICENSE AGREEMENT
1.1. Using the Service under a Limited License
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-BLITSTIM OOO 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 BLITSTIM OOO 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 BLITSTIM OOO 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.
1.2. Suspension and Termination of Your Account and Access to the Service
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.
2.1. 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 BLITSTIM OOO game client, and the BLITSTIM OOO game clients and server software) are owned by BLITSTIM OOO. BLITSTIM OOO reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
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 BLITSTIM OOO 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 BLITSTIM OOO 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
3.1.1. Content Screening
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
3.2.3. You Grant a License to Us
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 BLITSTIM OOO 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 BLITSTIM OOO 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
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.
BLITSTIM OOO 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 BLITSTIM OOO 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.
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. BLITSTIM OOO 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
8. Dispute Resolution and Governing Law
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 BLITSTIM OOO 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 BLITSTIM OOO 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;
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 BLITSTIM OOO 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: BLITSTIM OOO 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.
BLITSTIM OOO 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.
10.2. Supplemental Policies
10.3. Entire Agreement
10.4. No Waiver
10.6. Equitable Remedies
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 BLITSTIM OOO 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
BLITSTIM OOO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BLITSTIM OOO, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond BLITSTIM OOO 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.