Last Modified: February 10, 2021
1. Acceptance of the Terms of Service
These terms of service are entered into by and between You and Blastworks Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of Slingo® Casino (the “Game”), a software version of the Game (the "Software"), the Website, and other content, functionality and services offered on or through the Website, our apps or our mobile applications (collectively, the "Services"), whether as a guest or a registered user. The term “computer” as used in these Terms of Service refers to any device, including mobile devices, used to access the Services.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 22 CAREFULLY AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BLASTWORKS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Services
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to the Game, the Software, information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications, including the Software, for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials relating to the Services.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials relating to the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content in connection with the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Company name, the terms Slingo® Casino, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in connection with the Services are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, impair or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material in connection with the Services.
Use any manual process to monitor or copy any of the material in connection with the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
7. User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, friend associations and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post in connection with the Services will be considered non-confidential and non-proprietary. By providing any User Contribution in connection with the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
8. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted in connection with the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
11. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Services
We may update the content in connection with the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material in connection with the Services may be out of date at any given time, and we are under no obligation to update such material.
13. Information About You and Your Visits to the Services
14. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Services. Specific terms and conditions applying to the Game are provided below under the heading “Game – Terms and Conditions”. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
15. Carrier Charges and Taxes
Normal carrier charges and taxes may apply to your use of the Services and related functionality and services. The Company is not responsible for any charges you incur from your cell phone or internet service provider as a result of the use of the Services and related functionality and services. You expressly agree that you may receive communications (including marketing messages) by email, text message, and/or push notification through your use of the Services or related functionality and services. You may stop receiving emails by clicking the unsubscribe link contained in each email or by otherwise emailing your opt-out request to [email protected]. You may stop receiving text messages by responding “STOP” to any text received. You may disable push notifications in the settings on your mobile device. You may not opt out of transactional emails related to the Services.
16. Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content in connection with the Services.
Send e-mails or other communications with certain content, or links to certain content, in connection with the Services.
Cause limited portions of content in connection with the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Services other than the homepage.
Otherwise take any action with respect to the materials in connection with the Services that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
17. Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Services is based in the state of Washington in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or otherwise in connection with the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to use of our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE GAME, THE SOFTWARE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED IN CONNECTION WITH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, RELATED CONTENT, THE GAME, THE SOFTWARE AND ANY OTHER SERVICES OR ITEMS OBTAINED IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, RELATED CONTENT, THE GAME, THE SOFTWARE AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THE GAME OR THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, RELATED CONTENT, THE GAME, THE SOFTWARE OR ANY OTHER SERVICES OR ITEMS OBTAINED IN CONNECTION WITH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, THE GAME, THE SOFTWARE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH USE OF THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE GAME, THE SOFTWARE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE GAME OR THE SOFTWARE, OR SUCH OTHER WEBSITES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH USE OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Game, the Software, related content and/or services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
22. Dispute Resolution: Agreement to Arbitrate
Please read the following sections carefully, as they affect your rights.
22.1 Agreement to Arbitrate
YOU AND BLASTWORKS MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT OR INTERPRETATION THEREOF, TO THE ACCESS TO AND USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (COLLECTIVELY, “DISPUTE”) WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION (THE “ARBITRATION AGREEMENT”). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS SECTION 22 AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT HIS/HER/ITS CLAIM(S).
22.2 Exceptions to the Arbitration Agreement
Notwithstanding the Arbitration Agreement, you and Blastworks each agree that (i) any dispute that may be brought in small claims court may be instituted in a small claims court of competent jurisdiction, (ii) either you or Blastworks may seek injunctive relief in any court of competent jurisdiction to enjoin infringement or other misuse of either party’s intellectual property rights (including without limitation, violation of any data use restrictions contained in these Terms of Service) or based on other exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
22.3 Pre-Arbitration Dispute Resolution and Notification
Prior to initiating an arbitration, you and Blastworks each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Blastworks’ customer service team by emailing us at [EMAIL ADDRESS]. If, after a good faith effort to negotiate, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
22.4 The Arbitration
Any arbitration, if required, will be conducted by the American Arbitration Association (“AAA”) under its then current and applicable rules and procedures, which are located at www.adr.org, and those rules will govern the payment of all filing, administration, and arbitrator fees unless this Section 22 expressly provides otherwise. The party submitting a dispute for resolution through arbitration, will pay AAA’s filing fee. Each party will pay their pro rata share of administration and arbitrator fees under AAA’s rules; provided, however, if AAA’s Consumer Arbitration Rules are applicable, Blastworks will make arrangements to pay all necessary administration and arbitrator fees directly to AAA. If AAA’s Consumer Arbitration Rules are applicable and you lose the claim(s) you assert against Blastworks, you agree to reimburse Blastworks for your pro rata share of administration and arbitrator fees as part of any arbitrator award; provided, however, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Blastworks will pay as much of the administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous or that you asserted the claim(s) for harassment or any other improper purpose, you agree to reimburse Blastworks for all administration and arbitrator fees paid by Blastworks as part of any arbitration award. Each party shall pay its own attorneys’ fees and costs unless there is an applicable statutory provision requiring the prevailing party to be paid its attorneys’ fees and costs, in which case, a prevailing party attorneys’ fees award shall be determined by applicable law.
The arbitration shall be held in Seattle, Washington, in English before a single arbitrator selected in accordance with AAA rules. If the value of the relief sought is U.S. $25,000 or less, the arbitration will be conducted based solely on written submissions; provided, however, either party may request to have the arbitration conducted by telephone (or other remote means) or in-person hearing, which request shall be subject to the arbitrator’s discretion. Attendance at any in-person hearing may be made by telephone or other remote means by you and/or us, unless the arbitrator requires otherwise after hearing from the parties on the issue. Keeping in mind that arbitration is intended to be a fast and economical process, either party may file a dispositive motion to narrow the issues or claims. Subject to the exclusions and waivers in these Terms of Service, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law. The arbitrator’s award shall be made in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
The Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern any Dispute.
22.5 No Class Actions or Representative Proceedings
YOU AND BLASTWORKS ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND BLASTWORKS BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
If the class action waiver contained in this Section 22.5 is determined to be illegal or unenforceable, this entire Section 22 will be unenforceable, and the Dispute will be decided by the courts in the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
22.6 Jury Trial Waiver
YOU AND BLASTWORKS ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES AND AS TO ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION AS PROVIDED HEREIN.
Except as provided in Section 22.5, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. If the arbitrator determines this Section 22 is unenforceable, invalid or has been revoked as to any claim(s), then the Dispute as to such claim(s) will be decided by the courts in the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Except as expressly provided in Section 22, if any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
25. Entire Agreement
26. Your Comments and Concerns
The Services are provided by
113 Cherry St #22893
Seattle, WA 98104
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
27. GAME TERMS AND CONDITIONS
UNLESS OTHERWISE INDICATED, NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY THE GAME OR TO ENTER OR WIN ANY SWEEPSTAKES OR OTHER PROMOTION THAT WE MAY OFFER IN CONNECTION WITH THE GAME FROM TIME TO TIME NOR, UNLESS OTHERWISE INDICATED, WILL A PURCHASE IMPROVE YOUR CHANCES OF WINNING A SWEEPSTAKES OR OTHER PROMOTION.
BY CLICKING “PLAY GAME,” YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE TERMS CONTAIN ARBITRATION PROVISONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY IS RESOLVED.
RULES GOVERNING ANY SWEEPSTAKES OR OTHER PROMOTIONS THAT WE OFFER CAN BE FOUND AT http://www.blastworksinc.com/
28. License to Use the Game
Subject to these Terms of Service, the Company grants you a non-exclusive, limited, revocable, non-transferable, license to use the Game, including the products, applications, content and material thereof, for your personal, non-commercial use. The Game may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the products, applications, content or material of the Game.
29. Changes to the Game
The Company reserves the right to discontinue the Game or to change the content of the Game in any way and at any time, with or without notice to you, without liability.
30. Access to the Game
Before accessing or using the Game, you may be required to register an account on the Game ("Account") or have a valid account on the social networking services ("SNS") through which you connect to the Game. During the registration process you agree to provide true, accurate, and complete information about yourself (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. During the registration process, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account. You are responsible for ensuring the accuracy of your Account and are encouraged to check your Account regularly. You are responsible for ensuring the email and physical mailing address associated with your Account is accurate and up to date.
31. Termination Your Access
The Company reserves the right to terminate your access to the Game or your Account for any reason, including if we have reasonable grounds to suspect that you have provided information that is inaccurate. You shall not transfer your Account or any Virtual Currency (as defined in below) associated with your Account to anyone without the Company’s prior written permission. You shall not have more than one Account or more than one account on the SNS connected to your use of the Game at any given time and shall not create an account using a false identity or information or on behalf of someone other than yourself. If you access the Game through an SNS, you shall comply with its terms of service/use as well as these Terms.
32. In-Game Virtual Currency
The Game includes an opportunity for you to obtain, earn, buy or use a type or types of virtual, in-game currency ("Virtual Currency"), which may include such things as virtual coins, tickets, or points. Regardless of the terminology used, Virtual Currency is not real money, does not have monetary value, and may never be redeemed for "real world" money or other items of monetary value outside of the Game.
Virtual Currency is obtained free of charge by logging into the Game, accomplishing certain tasks within the Game, being gifted from friends within the Game, or through other events as may be made available from time to time by us. You may also choose to pay a fee using real world money or to redeem third party virtual currency, such as Facebook Credits, to obtain a license to use Virtual Currency. Virtual Currency obtained via the Game is provided to you under a limited, personal, non-transferable, non-sublicenseable license to use within the Game. The Company may revoke your license to use or access to Virtual Currency at any time for any reason. You have no property interest, right or title in or to any such Virtual Currency appearing or originating in the Game, or any other attributes associated with use of the Game. All Virtual Currency is forfeited if your account or access to the Game is terminated or suspended for any reason, in the Company’s sole and absolute discretion, or if the company discontinues availability of the Game or if you disconnect from the Game via your SNS Account.
33. Virtual Currency Rules
Virtual Currency may not be transferred or resold in any manner. You agree that sales of Virtual Currency, if any, are final. No refunds will be given, except in the Company’s sole and absolute discretion. The Company has no liability for hacking or loss of your Virtual Currency or any goods or services obtained via Virtual Currency. The Company has no obligation to, and will not, reimburse you for any Virtual Currency or any goods or services obtained via Virtual Currency that are lost due to your violation of these Terms of Service. The Company reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or to refuse the Company to provide you with any Virtual Currency. Price and availability of Virtual Currency are determined by the Company in its sole discretion and are subject to change without notice. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms, and the Company is not a party to the transaction or to Facebook's Payment Terms. You should see Facebook’s website for Facebook's Payment Terms.
34. Software License Terms and Restrictions
In the event that you download the Software, the Company hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Software for your personal, non-commercial use on any machine of which you are the primary user. The Software may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in any manner not permitted by these Terms, in whole or in part. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Software.
The Software is subject to these Terms unless superseded by another license agreement provided by a third party and displayed prior to your installation of such third party software. Usage of such third party software shall be governed by such third party's license Agreement.
You acknowledge and agree that in order to protect the integrity of certain third-party content, the Company or its suppliers and licensors may provide for the Software security-related updates that will be automatically downloaded and installed on your computer. Such security-related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, the Company and/or its suppliers and licensors shall use reasonable efforts to promptly post notices in connection with the Services explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Software that restore access to secure content and related features.
35. Sweepstakes, Contests and Other Promotions
From time to time, the Company may offer sweepstakes, contests, or other types of promotions in connection with the Game (each, a “Promotion”). Your participation in a Promotion and the administration of that Promotion will be governed by the official rules published in connection with that Promotion, including, without limitation, rules governing eligibility requirements. A link to a web page containing links to the official rules that govern the Promotions that we currently offer can be found at http://www.blastworksinc.com/.