Terms of Service
1. ACCEPTANCE OF TERMS
BlitWise Productions LLC (hereinafter "BlitWise")
welcomes You [hereinafter "you", "User"
or "your"] 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
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.
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.
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
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.
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.
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
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.
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
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.
Please report any violations of the TOS to