Effective Date: June 13the 2022
By checking a box or clicking a button online indicating your acceptance of or agreement to these Terms or by otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Services.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER IN SECTION 13 THAT AFFECT YOUR RIGHTS WITH RESPECT TO RESOLUTION OF ANY DISPUTES BETWEEN YOU AND BLASTWORKS. PLEASE READ IT CAREFULLY. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13.2, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND BLASTWORKS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Eligibility. The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Blastworks and meet all of the foregoing eligibility requirements. If you do not meet all the requirements, you must not use the Services. Blastworks provides the Services for use only by persons located in the United States. We make no claims that the Services are 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 your compliance with all applicable local laws.
2. Changes to Terms; Additional Terms. We may modify these Terms from time to time in our sole discretion. When we modify these Terms, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make. By continuing to access or use the Services after the modified Terms become effective, you agree to be bound by the updated Terms. You should review these Terms regularly to ensure you become aware of any changes. If you do not agree with the Terms as modified, you must cease use of the Services. Blastworks may notify you of additional terms and conditions related to specific components of the Services (“Additional Terms”). Your right to use any such components of the Services is subject to the applicable Additional Terms of which you are notified, and the Additional Terms shall be deemed incorporated into these Terms.
3. Right to Use Services.
3.1. For those parts of the Services that you access online, Blastworks grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to access and use the Services for your personal, non-commercial use, subject to your compliance with these Terms.
3.2. For those parts of the Services that constitute downloadable applications or software, Blastworks grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to download and use the application and/or software for your personal, non-commercial use on any computer or mobile device you own, subject to your compliance with these Terms. Downloadable applications and software may not be reproduced, duplicated, copied, resold, or otherwise used in any manner not permitted by these Terms, in whole or in part. Blastworks reserves the right to discontinue a game or application or to change the content of a game or application in any way and at any time, with or without notice to you, without liability.
3.3. Unless otherwise expressly set forth in these Terms, you do not receive any other license or rights in the Services. Blastworks reserves all rights not expressly granted to you in these Terms.
4. Account Registration; Access to Services.
4.2. If you select, 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 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 of which you become aware. 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 user name, password or other personal information.
4.3. We reserve 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.
4.5. Except as expressly described in Section 15, below, 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 your access to some parts of the Services, or the entire Services.
4.6. You are responsible for: (a) making all arrangements necessary for you to have access to the Services; and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
5. Restrictions on Use of Services. You agree not to access or use the Services:
(a) 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 U.S. or other countries);
(b) 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;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (set forth in Section 8 below);
(d) 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;
(e) to impersonate or attempt to impersonate Blastworks, a Blastworks 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);
(f) 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 Blastworks or users of the Services or expose them to liability; or
(g) for any commercial purpose.
Additionally, you agree not to:
(h) modify any copies of any materials relating to the Services;
(i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
(j) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials relating to the Services;
(k) 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;
(l) 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;
(m) 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;
(n) use any device, software or routine that interferes with the proper working of the Services;
(o) introduce any viruses, trojan horses, worms, logic bombs or other code or material which is malicious or technologically harmful;
(p) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, a server on which the Services is stored, or any server, computer or database connected to the Services;
(q) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
(r) otherwise attempt to interfere with the proper working of the Services.
6. Ownership of Services; Intellectual Property Rights.
6.1. Ownership of Services. Blastworks or its licensors retain all right, title and interest in and to the Services and related content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Blastworks’ prior written consent. The Services and its contents are licensed, not sold. Except for the limited license set forth in these Terms, you agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, any virtual items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Blastworks or third parties, except for Your Content.
6.2. Intellectual Property Rights.
6.2.1. The Services and its entire contents, features and functionality (including but not limited to games, applications, information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Blastworks, the Blastworks logo, Slingo, Slingo Adventure, Slingo Arcade, Slingo Blast, Slingo Casino, Slingo Showcase, Slingo Shuffle, Hidden Artifacts, and all other Blastworks product and service names, logos, designs, and slogans (collectively, “Marks”) are trademarks of Blastworks or its affiliates or licensors. You must not use such Marks without the prior written permission of Blastworks. All other names, logos, product and service names, designs and slogans in connection with the Services are the trademarks of their respective owners.
6.2.2. 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: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) 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; (d) if we provide desktop, mobile or other applications, including applications or software, for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use; and (e) if we provide social media features with certain content, you may take such actions as are enabled by such features.
7. Your Content.
7.1. By submitting any content or materials (“Your Content”) to or through the Services, including, without limitation, uploading any materials or participating in any chats or forums, you automatically grant us a royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, in whole or in part worldwide. The above license granted by you in Your Content is perpetual. You represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and these Terms. You further represent and warrant to us that Your Content and the use of Your Content as contemplated in these Terms will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party. Subject to the above license, you retain any ownership and other rights that you may have in and to Your Content.
7.2. We have the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms (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 Blastworks; (c) disclose your identity or other information about you to any third party who claims that any of Your Content violates their rights or the rights of a third party, including their intellectual property rights or their right to privacy; and (d) 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 BLASTWORKS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THEM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BLASTWORKS, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7.3. Notwithstanding the foregoing, we have no obligation 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 of the Services or third party.
7.4. You understand and acknowledge that you, not Blastworks, are solely responsible for Your 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 content or materials posted by you.
8. Content Standards. The standards set forth below (“Content Standards”) apply to Your Content. Your Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your Content must not:
(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote or assist any unlawful act;
(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales by you, such as contests, sweepstakes and other sales promotions, barter or advertising; or
(j) give the impression that Your Content emanates from or is endorsed by us.
9. Virtual Items.
9.1.1. Certain Blastworks games or applications provide the opportunity for you to purchase, obtain and use a type or types of fictional (“virtual”) in-game items, which may include such things as virtual credits, chips, golden spinners, coins, tickets, or points (“Virtual Items”). REGARDLESS OF THE TERMINOLOGY USED, VIRTUAL ITEMS ARE NOT LEGAL TENDER (I.E., “REAL MONEY”), DO NOT HAVE MONETARY VALUE, AND MAY NOT BE REDEEMED FOR LEGAL TENDER OR OTHER ITEMS OF MONETARY VALUE OUTSIDE OF THE GAME OR APPLICATION.
9.1.2. In some instances, Virtual Items may be obtained free of charge by logging into a game or application, accomplishing certain tasks within a game or application, being gifted from friends within a game or application, or through other events as may be made available from time to time by us. Virtual Items obtained via a game or application are provided to you under a limited, personal, non-transferable, non-sublicensable license to use within the game or application. Blastworks may revoke your access to or license to use Virtual Items at any time for any reason. YOU HAVE NO PROPERTY INTEREST, RIGHT OR TITLE IN OR TO ANY VIRTUAL ITEMS APPEARING OR ORIGINATING IN A GAME OR APPLICATION, OR ANY OTHER ATTRIBUTES ASSOCIATED WITH USE OF A GAME. All Virtual Items are forfeited if your account or access to the game or application is terminated or suspended for any reason, which Blastworks may do in its sole and absolute discretion, or if Blastworks discontinues availability of a game or application or if you disconnect from the game or application via your SNS Account.
9.1.3. The license you acquire in Virtual Items are personal to you and you may not sell, assign, gift, trade, sublicense or otherwise transfer any Virtual Items. Blastworks prohibits and does not recognize any purported sale, assignment, gift, trade, sublicense or transfer of Virtual Items, whether for legal tender, goods, services, or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited, void, and may subject you to a termination of your account, a temporary or permanent ban from accessing and using the Services, and legal action.
9.1.4. Any sale of Virtual Items to you is final. No refunds will be given, except in Blastworks’ sole and absolute discretion. Blastworks has no liability for hacking or loss of your Virtual Items or any goods or services obtained via Virtual Items. Blastworks has no obligation to, and will not, reimburse you for any Virtual Items or any goods or services obtained via Virtual Items that are lost due to your violation of these Terms. Blastworks reserves the right, without prior notification, to limit the order quantity on any Virtual Items or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are determined by Blastworks in its sole discretion and are subject to change without notice.
10. Disclaimers of Warranties.
10.1. 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, nor do we guarantee that any such information is up to date. 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 information by you.
10.2. The Services include 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 such materials, and all articles and responses to questions and other content, other than the content provided by Blastworks, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Blastworks. We are not responsible, or liable to you for the content or accuracy of any materials provided by any third party.
10.3. You understand that we cannot and do not guarantee or warrant that any files made 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 mechanisms 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, COMPUTER PROGRAMS, DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED IN CONNECTION WITH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
10.4. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OBTAINED IN CONNECTION WITH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OBTAINED IN CONNECTION WITH THE SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLASTWORKS NOR ANY PERSON ASSOCIATED WITH BLASTWORKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT OR MATERIALS OBTAINED IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BLASTWORKS NOR ANYONE ASSOCIATED WITH BLASTWORKS REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OBTAINED IN CONNECTION WITH THE SERVICES, WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.
10.5. BLASTWORKS DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
10.6 Some jurisdictions do not allow disclaimers of warranties such as those set forth above and, therefore, the above disclaimers may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Additionally, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon or limit such rights.
11. Limitation of Liability.
11.1. IN NO EVENT WILL BLASTWORKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGE RESULTING FROM ACCESS, USE OR MALFUNCTION OF THE SERVICES, ANY CONTENT ON THE SERVICES, OR ANY ITEMS OBTAINED THROUGH USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF GOODWILL, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BLASTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3. Some jurisdictions do not allow certain limitations of liability such as those set forth above and, therefore, the above limitations of liability may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Additionally, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon or limit such rights.
12. Indemnification. You agree to defend, indemnify and hold harmless Blastworks, 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: (a) your violation of these Terms; (b) your use of the Services, including, but not limited to, any use of a game, application, software, related content and/or services and products other than as expressly authorized in these Terms; (c) your use of any information obtained from the Services; and (d) Your Content.
13. Dispute Resolution: Agreement to Arbitrate.
Please read the following provisions carefully, as they affect your rights.
13.1. 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 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 AS SET FORTH IN THIS SECTION 13 (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 13 AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT HIS/HER/ITS CLAIM(S).
13.2. 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) or based on other exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
13.3. 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 protected]. 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.
13.4. 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 adr.org, and those rules will govern the payment of all filing, administration, and arbitrator fees unless this Section 14 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 Newark, New Jersey 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 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, 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 New Jersey, without regard to principles of conflict of laws, will govern any Dispute.
13.5. 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 13.5 is determined to be illegal or unenforceable, this entire Section 13 will be unenforceable, and the Dispute will be decided by the courts in the state of New Jersey, Essex County, or the United States District Court for the District of New Jersey, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
13.6. 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.
13.7. Severability. Except as provided in Section 13.5, if any portion of this Arbitration Agreement is deemed illegal or unenforceable by the arbitrator, 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 13 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 New Jersey, Essex County, or the United States District Court for the District of New Jersey, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS 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.
15.1. In the event of a system malfunction all wagers then in effect shall be void.
15.2. If a system malfunction or technical problem causes an application or game to pay out or credit a higher amount than should be paid or credited to a player’s Account, or a display issue causes a wrong result to be displayed, we reserve the right to remove all funds (or not pay or not credit the incorrectly displayed amount) from the Account that were incorrectly credited as well as any winnings subsequently won by using the incorrectly credited funds
15.3. If we determine that you have exploited or are exploiting a technical error related to an application or game, either alone or in association with others, we reserve the right to void any winnings and to close your Account.
15.4. In the event a game is started, and you place a wager, but the game miscarries because of a system malfunction, we will credit your account for the amount wagered by you at the time of the miscarry or, if your account no longer exists, refund the amount to you.
15.5. If, after you have made a wager, a game is interrupted by a telecommunications system failure or a failure of your computer system which prevents you from continuing the game, then upon our restoration of the game, we shall take commercially reasonable steps to enable you to resume your participation in the game as of the point in the game immediately before the interruption occurred. If we are unable to allow you to resume participation in the game as of the point in the game immediately before the interruption occurred, we shall (a) ensure that the game is terminated, and (b) credit your account for the amount of your wager (or, if your account no longer exists, refund the amount to you).
16. General Terms.
16.1. Automatic Security Updates. You acknowledge and agree that Blastworks or its suppliers and licensors may provide for software security-related updates that will be automatically downloaded and installed on your computer or device. 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, Blastworks and/or its suppliers and licensors shall use reasonable efforts to promptly post notices on or through 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 feature
16.2. Carrier Charges; Agreement to Receive Electronic Communications. Normal carrier charges and taxes may apply to your use of the Services and related functionality and services. Blastworks is not responsible for any charges you incur from your mobile phone or internet service provider as a result of the use of the 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
16.3. Blastworks Shop Purchases. All purchases of products from the Blastworks Shop are governed by the separate Blastworks Shop Terms of Purchase (https://www.blastworksinc.com/shop/).
16.4. Third-Party Sites and 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 third-party websites or services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We may disable any or all links to third-party websites and services at any time, without notice and in our discretion.
16.5. Social Media Features. The Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Services; (b) send e-mails or other communications with certain content, or links to certain content, on the Services; and/or (c) cause limited portions of content on 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: (w) establish a link from any website that is not owned by you; (x) 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; (y) link to any part of the Services other than our homepage located at blastworksinc.com; or (z) otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms. If you link to our homepage, you may only do so in a way that is 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. 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.
16.6. Sweepstakes, Contests and Promotions. From time to time, Blastworks 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 https://support.blastworksinc.com/hc/en-us.
16.7. Waiver; Severability. No waiver of by Blastworks of any term or condition set forth in these Terms 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 Blastworks to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in Section 13, if any provision of these Terms 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 will continue in full force and effect.
16.9. Questions. If you have any feedback, comments, or questions about these Terms, please contact us at [email protected].