BLAST TERMS OF SERVICE
Effective Date: May 31, 2018
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE BLAST APP ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Blast. These Terms of Service (the “Terms”) are a binding agreement between you and Investable Games Technology, Inc. DBA Blast (“Blast”, “us”, or "we”). Please read these Terms carefully before using Blast’s website (http://www.blast.com, or the “Website”), mobile application (“Blast” or the “Application”), or associated products and services (collectively the “Services”). These Terms apply regardless of how you access the Services. As used in these Terms, "Blast Account" means the account you have with us for the Services. “You" and "your" mean the person who uses or accesses the Services.
The Services are controlled and offered by Blast from the United States of America. Blast makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
Blast helps you save, invest, and in some cases earn money while playing games. Money is saved (i.e., Blast initiates a withdrawal from your designated depository financial institution (your "Bank Account") and deposits the funds into a FDIC-insured savings account with Wells Fargo & Company, that we create on your behalf that is associated with your Blast Account (the “Blast Savings Account”)) when users trigger certain predetermined events in our partner games (e.g., collect coins, play for certain predetermined periods of time) or initiate “boosts,” which are transfers from users’ Bank Accounts into their Blast Savings Accounts. There is no fee for creating a Blast Savings Account. Money can be earned, for example, by completing Missions (i.e., discrete tasks within our partner games, such as “earn 100 coins”) (referred to in the Services as “Mission Dividends”), as well as by placing high enough in the Blast leaderboard each week. Blast Accounts may also earn interest, as further described on the Website and in the Application.
Users earn experience points (“XP”) based on engagement indicators, including but not limited to money saved, missions completed, and user referrals. XP are used to calculate leaders on the Blast leaderboard To accomplish these purposes, we monitor and analyze your game play usage and initiate account transfers accordingly. This monitoring is essential to the function of Blast, and if you do not agree to such monitoring you should not use Blast. Only funds from your Bank Account may be transferred to your Blast Savings Account. The funds in your Blast Savings Account are FDIC-insured and held at a bank for your benefit. Users manage the funds in their Blast Savings Account via their Blast Account in the Services.
Your funds will remain in your Blast Savings Account until you instruct us to transfer any or all of your funds from your Blast Savings Account to your Bank Account by using the Blast “WITHDRAW" feature or you choose to transfer any or all of your funds from your Blast Savings Account to a brokerage account with one of our financial affiliate partners (“Financial Affiliate Partner Accounts”) within the Services, which enables users to invest money they save and/or earn via the Services. We will generally transfer the requested funds from your Blast Savings Account to your Bank Account or Financial Affiliate Partner Account within three to five Business Days of when we receive your request. It is important for you to know the amount of available funds in your Blast Savings Account before instructing us to transfer funds from your Blast Savings Account to your Bank Account or Financial Affiliate Partner Account. If you do not have sufficient available funds in your Blast Savings Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your Blast Savings Account to your Bank Account without notice to you upon the closure of your Blast Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
Blast is not a financial adviser, and the Services are not intended to provide financial advice. We are not responsible for ensuring your Bank Account or your Financial Affiliate Partner Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
For more information about the Services, please review these Terms and visit [www.blast.com] on the App or Website.
Blast is not a bank. Blast is not acting as a trustee, fiduciary or escrow with respect to your funds. All Blast user account balances will be held in a Wells Fargo For the Benefit Of (FBO) account where interest and Federal Deposit Insurance Corporation (FDIC) insurance are passed through to Blast users pro rata based on their respective account balances. Blast will maintain an accurate record of all users’ proportional interests in the Wells Fargo FBO account. Blast is not a depository institution, money transmitter or financial adviser, and the Services are not intended to provide financial advice.
You are responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and neither Blast nor Wells Fargo makes any guarantees or representations that your portion of the Blast Savings Account will grow to a specific amount or that the Services are appropriate for you and your financial situation. By using the Services provided by Blast, you represent and warrant that you will safeguard your Bank Account information and will supervise and be completely responsible for any use of your Bank Account by you and anyone other than you.
Only one (1) unique checking account may be linked with the Blast Savings Account at any given point in time. You must own or be an authorized user of the linked Bank Account. The Blast Savings Account can only be associated with up to three (3) unique checking accounts. These three (3) checking accounts may not be concurrently linked to a Blast Savings Account at any given point in time. Attempts to associate a Blast Account with additional checking accounts may result in the termination of that Blast Savings Account without warning. All available user funds, including, but not limited to, Mission Rewards, deposits, earnings, and interest, will be held in the Blast Savings Account indefinitely until you choose to withdraw some or all of your Blast Savings Account balance.
Leaderboard Mechanism and Rewards
Leaderboard Mechanism And Rewards The leaderboard organizes and displays Blast users based on key engagement indicators, including money saved, missions completed, and possibly other ways in the future. To be eligible for the leaderboard and any associated rewards, users must register for and maintain an active Blast account. Leaderboard placement is dependent upon users’ engagement according to the outlined indicators. Rank, tier, or placement on the leaderboard is a direct result of user engagement (and, ultimately, collection of XP) and does not involve any lottery mechanisms. The user’s position at the end of each leaderboard cycle is based on their XP. Leaderboard position is evaluated relative to other players’ accumulated XP. The leaderboard resets all positions on Sunday each week at 6:00:00 PM Los Angeles time. All leaderboard positions will become available at the beginning of the weekly leaderboard cycle.
All eligible Blast users can earn a place on the leaderboard. The top 10 users will be awarded the top 10 places. Of the remaining eligible users, the 50th percentile of the remaining eligible user base will rank on the leaderboard. The top 50th percentile of those that rank on the leaderboard will be eligible to receive a cash reward; the bottom 50th percentile of those that rank on the leaderboard will be eligible to receive XP toward the next week’s leaderboard. Earning a place on the leaderboard does not guarantee a cash reward. Positions will remain fluid during the duration of the weekly leaderboard cycle. Positions will be finalized on Sunday each week at 6:00:00 PM Los Angeles time the end of each leaderboard cycle. Cash rewards from the previous week’s leaderboard are distributed on Friday each week at or around 9:00:00 AM Los Angeles time. XP that is generated by any savings mechanism is contingent upon funds successfully transferring into users’ Blast accounts. Blast reserves the right to invalidate XP generate from savings transfers that are charged back to the users’ account due to user disputes or non-sufficient funds in users’ account. Users’ leaderboard standings may vary between the close of the leaderboard on Sunday and the final standings and payout on Friday pending XP that was earned through any pending savings mechanism as funds settle.
Reward values are determined by Blast and can change at the discretion of the company. There is no purchase necessary to participate in the leadership reward system. Participation is automatic once your Blast Account has been activated.
In a good faith belief that Mission Rewards or XP that have been obtained via any unsportsmanlike or unfair processes, Blast reserves the right to disqualify a user without warning from the weekly Leaderboard.
Changes to the Services & Terms
Blast is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services. Additionally, we reserve the right to suspend or stop the Services altogether.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Website. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
User Content and Conduct; Community Guidelines
If you are under 13, you may not register and/or use the Services. Use by persons under the age of 13 is strictly prohibited. If you believe a child under 13 has registered an account with us, please contact us immediately at email@example.com so that we may promptly disable such account.
By registering and/or using the Services, you represent and warrant that you are at least 13 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Authorization to Retrieve and Use Information You provide
By providing information about yourself, including usernames, passwords, PINs, other log-in information, and other content through the Services (“Data Retrieval Information"), you are licensing such Data Retrieval Information to Blast for the purpose of providing the Services. You represent that you are entitled to provide the Data Retrieval Information to Blast to use for the purpose of providing the Services, without any obligation by Blast to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit Blast to use and store the Data Retrieval Information for the purpose of providing the Services, including configuring the Services to be compatible with third-party websites that enable Blast to provide the Services. Blast will store Data Retrieval information in encrypted form.
As part of these Terms and solely for the purpose of providing the Services, you grant Blast a limited power of attorney, and appoint Blast as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Blast IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, Blast IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. Blast cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, Blast does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.
You represent and warrant to us that you have all rights to the Data Retrieval and Account Information that you provide to us via the Services. You are responsible for the accuracy and completeness of the Data Retrieval and Account Information you provide through the Services. You, and not Blast, are liable in the event that such Data Retrieval and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless Blast for all claims resulting from Data Retrieval and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
Account Ownership & Responsibilities
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy. If your use of the Services is prohibited by applicable law, then you do not have authorization to use the Services. Blast is not responsible for unlawful uses of the Blast.
In addition to the other requirements listed throughout these Terms, in order to use the Services, you must: (a) register with us on the Blast Application or Website; (b) have a Bank Account with a U.S. financial institution or PayPal; and (c) provide all information requested by us, such as your name, email address, mobile device number, Data Retrieval and Account Information, and such other information as we may request from time to time (collectively, "User Information").
Each Blast user may establish, maintain, use and control only one Blast Account. For avoidance of doubt, users may not "co-own" or “co-operate” Blast Accounts. In the event Blast determines that a user has established, owned, maintained, used or controlled more than one Blast Account, or more than one user has used a Blast Account, in addition to any other rights defined by Blast, Blast reserves the right to suspend or terminate any or all such Blast Accounts and withhold or revoke any money or XP earned through the Application associated with those accounts.
You are solely responsible for any and all activity that occurs through your account and you agree not to sell, transfer, license or assign your account, followers, username, or any account rights. Blast strictly prohibits the creation of accounts for anyone other than yourself or your legal entity.
Additionally, you represent that all information you will provide or have provided to Blast upon registration and at all other times will be true, accurate, current and complete and you agree to update your User Information as necessary to maintain its validity.
You must keep your User Information current with us. In order to ensure that we are able to provide all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us, to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the App or Website.
Use of the Services may be available through a compatible mobile device with internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider. BLAST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OR ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH THE SERVICES.
An “active” Blast Savings Account is defined as: a Blast Savings Account with a Blast account balance greater than $0 or one that has accessed the Services within the last 180 days. An “inactive” Blast Savings Account is defined as: a Blast Savings Account that has not accessed the Services for a consecutive period of 180 days and has a Blast Savings Account balance of $0. Blast reserves the right to suspend without warning any account which has been deemed “inactive”.
You may not use the funds in your Blast Savings Account to make purchases, withdraw cash, transfer funds to non-Blast-affiliated third parties, or for any other purpose. You are solely responsible for determining whether the amounts debited from your Bank Account and the funds maintained in your Blast Savings Account are accurate and acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account or your Financial Affiliate Partner Account.
You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Blast Savings Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at firstname.lastname@example.org.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content").
You may not post any prohibited content, including but not limited to, pictures, videos, comments, or links of violent, discriminatory, unlawful, infringing, hateful, sexually explicit or pornographic content via the Services.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information in User Content via the Services, including, without limitation, your or any other person's credit card information, social security or other personal identification, non-public phone numbers or email addresses.
You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (i.e. federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.
You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Blast.
You agree that you will not solicit, collect or otherwise use the login credentials of other Blast users.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Blast page is rendered or displayed in a user's browser or device.
You understand and agree that Blast cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Blast, we can stop providing all or part of the Services to you without warning or notice.
Blast reserves the right to freeze accounts that have funds that have been charged back. A chargeback is a forced transaction reversal initiated by a bank. Chargebacks occur when a bank settles a debt due to loss on a fraudulent or disputed transaction. Blast is not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account or your Financial Affiliate Partner Account. Blast is not responsible for any losses due to third-party fees incurred as a result of accessing the Services offered by Blast. Please consult with your Bank or your Financial Affiliate Partner Account regarding their chargeback policies.
Attempts to access funds that have been charged back may be suspended if Blast deems these transfers to be illegitimate or fraudulent. Chargebacks may also lead to disqualification in the weekly Blast Leaderboard at any time without notice.
User Account Termination
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. You can deactivate your Blast Account by logging into the Services and completing the form available there. If we terminate your access to the Services or you use the form detailed above to deactivate your account, your account history will no longer be accessible through your account, but those materials and data may persist and appear within the Services (e.g. if your User Content has been reshared by others).
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Additionally, upon termination, you will no longer be eligible for leaderboard rewards.
Your Authorization for ACH Debits and Credits
By agreeing to these Terms, you authorize Blast to electronically debit and credit your Bank Account (either a checking or savings account) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH, as follows:
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Blast that you wish to revoke this authorization by emailing email@example.com. You must notify Blast at least three Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. You should print a copy of this authorization for your records.
You also acknowledge that the amount and frequency of each debit and credit may vary and that you waive your right to receive prior notice of the amount and date of each debit and credit.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
Blast Proprietary Content
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, "Blast Content") solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Blast Content.
Blast Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Blast, Blast owns and retains all rights in the Blast Content and the Service, with the exception of content that Blast has licensed from third parties, which is owned by those third parties. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Blast Content. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish our goodwill.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Blast Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
The Blast name and logo are trademarks of Blast, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blast. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Blast, and may not be copied, imitated or used, in whole or in part, without prior written permission from Blast.
You are responsible for any applicable taxes associated with income you generate via the Services. All payments from us to you in relation to the Services will be treated as inclusive of tax (when applicable) and will not be adjusted.
In order to comply with all tax authorities, Blast reserves the right to disclose revenue information to said authorities when applicable. In addition, we may be required to send users a 1099K form or other applicable tax documents. The filing of these tax forms is the sole responsibility of you, the end user. You agree to absolve Blast of responsibility for any related filing fees you may incur (for example, you being charged a penalty for failing to file said tax forms in a timely manner).
Advertisements and Promotions
The Services may be partially supported by advertising revenue and may display advertisements and promotions. You agree that Blast may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. Blast is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
Although it is the intention of Blast for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Blast Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE BLAST SITE AND SERVICES IS AT YOUR OWN RISK. EFFORTS BY BLAST TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS."
WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO BLAST AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES BLAST’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL BLAST OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH INVESTABLE GAMES TECHNOLOGY, INC., THE “BLAST ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF BLAST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM BLAST’S NEGLIGENCE OR GROSS NEGLIGENCE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF BLAST ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.
Except as provided specifically in the Copyright Policy, the Terms and your use of Blast will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Application. You and Blast agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 15 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
- Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Blast, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
- Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in subsection (g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
- Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at: Investable Games Technology, Inc., 4600 Campus Drive, Newport Beach, CA 92660.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Blast will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Blast will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
- Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
- 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out Investable Games Technology, Inc., 4600 Campus Drive, Newport Beach, CA 92660, Attn: Arbitration Opt-Out. The notice must be sent within thirty (30) days of your first use of the Services. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Blast also will not be bound by them.
- Changes to This Section. Blast will provide thirty (30) days' notice of any changes to this section by posting on the Website. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
- Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blast respects the rights of all copyright holders and in this regard, Blast has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Blast's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact:
DMCA Copyright Agent ZwillGen PLLC 1900 M St NW Ste 250 Washington, DC 20036 Phone: 2022963585 Email: email@example.com
These Terms of Service and any operating rules for the Services established by Blast constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of Blast, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Term is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Neither Blast nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Blast Contact Information
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org or Investable Games Technology, Inc., 4600 Campus Drive, Newport Beach, CA 92660.